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pitkin.planning.273514402005 (2015)
DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) ADDRESS NOTIFICATION Date:12/10/2021 Effective Date:12/10/2021 New Assigned Address: 405 Mariposa Lane (new CDU) 507 Mariposa Lane (existing address of main home) Aspen, CO 81611 Former Address: None Reason for Assignment:Add CDU to existing property Parcel ID:273514402005 Property Owner Name:MORGAN MICHAEL S 2020 PER RES TRUST Election Split:5.3.007.0 Note:Address is being assigned for a CDU being added to the property. 507 Mariposa remains the primary address for the parcel. Please contact me for any questions or further clarification. Thank You, Michelle Steinberg Addressing Team, Pitkin County Government | IT Phone:970.379.2472 (O) Email:michelle.steinberg@pitkincounty.com Address: 530 E Main St, #203, Aspen, CO 81611 405 507 1900 303 1890MARIPOSA LNCASTLE CREEK RDSources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community 405 Mariposa Ln Address Assignment 12/10/2021 New Address Assigned: 405 Mariposa Ln Aspen CO 81611 Add CDU to existing property Scale: 1:1,298 New Address Existing Addresses Roads and Driveways Parcel Boundary DECISIONS RECEPTION#: 625366,12t08/2015 at 09:52:40 AM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE PRL PROPERTIES LLC SPECIAL REVIEW AND GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT Administrative Decision No:- --2015 RECITALS 1. PRL Properties LLC ("Applicant") has applied to the Pitkin County Community Development Director ("Director") for special review approval and GMQS exemption to construct a detached caretaker dwelling unit, pursuant to Secs. 2-30-30(h)(2), 4-30-50(e) and 6-30-40(c) of the Land Use Code ("Code"). 2. The lot is located at 507 Mariposa Road, and is described as Lot IA, Hardy Subdivision. .3. The lot contains 57.340 acres and is a conforming size lot in the AR -10 zone district. 4. The Board of County Commissioners ("BOCC") approved the Hardy Subdivision, pursuant to Resolution Nos. 94-46, 94-61, 94-168, 95-241 and 98-34. The Final Plat was recorded in Plat Book 53 at Page 59. The BOCC extended the vested rights until October 13, 2009, pursuant to Resolution No. 99-189. 5. Pursuant to Resolution No. 118-2008, the BOCC granted an increase in the allowable floor area on Lots 1, 2 and 3 from 7,000 square feet to 11,750 square feet, with the additional 4,750 square feet limited to garage (750 square feet) and subgrade space (4,000 square feet), subject to the acquisition and surrender of two TDRs for the subgrade and garage space. This amendment addressed the change in the Land Use Code ("Code") in 2000, which eliminated the subgrade and garage exemptions in the Rural Area. The BOCC also extended the vested rights to October 12, 2012. 6. Pursuant to Resolution No. 149-2010, the BOCC granted approvals for an amendment to the plat to merge Lots 1 and 2 into a single lot for development purposes (new Lot IA), and extinguished the second development right. The BOCC approval allowed the construction of a single family residence and caretaker dwelling unit containing a maximum of 14,250 square feet of gross floor area, of which 2,500 square feet shall only be used for subgrade space through use of one TDR, and extended the vested rights to October 12, 2015. The amended plat was recorded in Plat Book 98 at Pages 96-97. 4. The Hearing Officer granted Site Plan Review approval for the residence and caretaker dwelling unit, pursuant to Determination No. 4-2012. The Activity Envelope/Site Plan was recorded in Plat Book 100 at Page 59. 5. The County issued the building permit for the single family residence in July of 2013; the residence is nearing completion. The Applicant has not constructed the caretaker dwelling unit and intends to postpone construction. 6. The Applicant is requesting anew approval for the caretaker dwelling unit, which approval will be valid and will not lapse for three years. Administrative Decision No.-Iq-2015 Page 2 The Applicant provided notice of the application to the adjacent property owners. No objections or comments were received. 8. The Director finds that the caretaker dwelling unit complies with the special review and GMQS exemption provisions of the Code. THE DIRECTOR DOES HEREBY APPROVE the PRL Properties LLC Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: The conditions of BOCC Resolution No. 1149-2010 and Hearing Officer Determination No. 4-2012 shall remain in full force and effect, except as amended herein. 2. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. Two off- street parking spaces shall be provided for the unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 4. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office may inspect the unit. 5. The floor area of the caretaker dwelling unit shall be included in the total allowed floor area for the lot. 6. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. PUBLIC NOTICE PUBLISHED IN THE ASPEN TIMES WEEKLY on the 22"d day of October, 2015. APPROVED by the Director, thin— day of�m( 2015. C dy Houben, Community Development Director Pon -15 PinN273514402005 APPLICATION MATERIAL VANN ASSOCIATES, LLC Planning Consultants October 2, 2015 111Ma1117D1i1&#"9 ll7 Ms. Suzanne Wolff Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Lot 1A, Hardy Subdivision, Caretaker Dwelling Unit Application Dear Suzanne: Please consider this letter an application for approval to construct a Caretaker Dwelling Unit ("CDU") on Lot 1A of the Hardy Subdivision (Parcel ID# 2735-144- 02-005), which is located at 507 Mariposa Road in unincorporated Pitkin County (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Sections 2-30-20(h), 4-30-50(f)(1)(2) and 6- 30-40(c) of the Pitkin County Land Use Code (the "Code") by PRL Properties, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit 2, Title Insurance Policy). Permission for Vann Associates, LLC to represent the Applicant is attached as Exhibit 3. An executed application fee agreement and a list of property owners located within three hundred feet of the property are attached as Exhibit 4 and 5, respectively. Background On December 1, 2010, the Board of County Commissioners approved an amendment to the Hardy Subdivision plat and its associated land use approvals (see Exhibit 6, Resolution No. 149-2010). The amendment extinguished the existing development right on Lot 1 of the Subdivision; merged Lots 1 and 2 into a single lot for develop- ment purposes (i.e., Lot 1A); approved a building envelope on reconfigured Lot IA in which to construct a single-family residence; and extended the property's vested rights until October 12, 2015. The Resolution also granted Special Review approval and a Growth Management Quota System Exemption for the construction of a detached CDU on the Lot. P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates*comcast. net 000001 o' 3a Ms. Suzanne Wolff October 2, 2015 Page 2 A Minor Amendment to a Development Permit to add two additional activity enve- lopes to Lot IA to accommodate landscaping features and various utilities, and Site Plan Review approval for both the single-family residence and the caretaker unit, were granted by the County's Hearing Officer on May 29, 2012 (see Exhibit 7, Determination No. 4-2012). These approvals' vested rights will expire on May 29, 2015. An Activity Envelope/Site Plan, architectural elevations, and landscaping plans for the Lot were recorded with the Determination. An enlarged copy of the approved Activity Envelope/Site Plan is attached as Exhibit 8. The approved single-family residence is presently under construction. The Applicant, however, does not propose to construct the approved CDU at this time. Pursuant to Table 2-1 of the Code, the approval for Lot Ws Activity Envelope/Site Plan lapses ten years from the date of its approval, or on approximately May 29, 2022. The CDU approval and its vested rights status, however, both expire on October 12, 2015. As the Applicant wishes to postpone the construction of the CDU beyond October of this year, new land use approvals for the unit are requested which will result in a new three year vested rights period therefor. Review Requirements The proposed Caretaker Dwelling Unit is an accessory use in the AR -10, Agricultur- al/ Residential zone district which is exempt from growth management pursuant to Section 6-30-40(c) of the Code. Such units, however, are subject to Special Review approval pursuant to Section 2-30-30(h)(2). The CDU must also comply with the development standards of Section 4-30-50(f). The applicable Special Review criteria and development standards, and the proposed CDU's compliance therewith, are summarized below. 1. Special Review Criteria a) The special use shall be consistent with the applicable County Master Plan. To the best of my knowledge, the Maroon/Castle Creek Land Use Master Plan does not address the construction of caretaker dwelling units. b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. 000002 Ms. Suzanne Wolff October 2, 2015 Page 3 The proposed CDU will comply with applicable provisions of the Code. c) The proposed development must not materially endanger the public health, safety or welfare. The proposed CDU will not materially endanger the public health, safety or welfare. The CDU will be located in the same location as previously approved, and in a portion of the approved activity envelope that is located outside of Lot IA's mapped avalanche Blue Zone. d) The proposed development must not substantially injure the value of adjoining or abutting property. The proposed CDU will not substantially injure the value of any adjoining or abutting property. e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Caretaker Dwelling Units are a permitted accessory use in the AR -10 zone district subject to Special Review approval. The proposed CDU, therefore, is consistent with the intent and purposes of the underlying zone district. f) The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or it shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. The proposed CDU is compatible with the residential character of existing land uses in the immediate site area and will have no adverse impact on any neighboring residential use. g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/w- ater pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The proposed CDU will be in harmony with surrounding land uses and will have no adverse effect on such uses. 000003 Ms. Suzanne Wolff October 2, 2015 Page 4 h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. The various public facilities and services that serve the Applicants' residence are adequate to also serve the CDU. i) The proposed special review use must comply with any additional standards or requirements stated for such use in Section 4-30 and/or 2- 40-20. The proposed CDU complies with the use specific requirements of Section 4-30. j) If a special review use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operation is due to demolition or destruction through any manner not willfully accomplished by the owner, uses/structures may be restored as of right pursuant to Section 9-30-70 of the Land Use Code. This review criteria does not apply to the proposed CDU. 2. Development Standards Pursuant to Section 4-30-50(f)(2), the proposed caretaker unit need only meet the requirements of Section 4-30-50(f)(1)(c) through (g). a) The caretaker dwelling unit shall not exceed one thousand (1,000) net livable square feet on lots or parcels that are thirty thousand (30,000) square feet or greater in lot area, and seven hundred (700) net livable square feet on lots or parcels that are less than thirty thousand (30,000) square feet in lot area. As Lot IA contains in excess of 30,000 square feet, the proposed CDU will be limited to a maximum net livable area of 1,000 square feet. b) The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land (e.g., if the CDU is seven OOOOOt� Ms. Suzanne Wolff October 2, 2015 Page 5 hundred square feet, the maximum area of the primary residence and other included accessory structures shall be seven hundred square feet less than what would apply without the CDU). The CDU's floor area is included in Lot Ws approved allowable floor area of 14,250 square feet. c) Two (2) off-street parking spaces shall be provided for each caretaker dwelling unit. Two surface, off-street parking spaces will be provided for the pro- posed CDU, and are depicted on Lot IA's recorded Activity Envelope/Site Plan. d) The applicant shall by deed restriction or other permanent commitment running with the land guarantee that the caretaker unit shall: 1) not be required to be rented; 2) not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate for of ownership of the caretaker unit; 3) be limited to occupancy by (i) not more than two (2) adults and related children who qualify as (and have been found by the Housing Office to be ) employees of the community under such guidelines as may from time to time be established, or (ii) members of the owner's immediate family, even though they may not qualify as employees of the community. A deed restriction will be recorded prior to issuance of a certificate of occupancy for the CDU which incorporates the above requirements. e) The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable requirements of the Land Use Code. The CDU's deed restriction will incorporate the above provision. 000005 Ms. Suzanne Wolff October 2, 2015 Page 6 Should you have any questions, or require additional information, please do not hesitate to call. Yours truly, Attachments cc: Michael and Patti Morgan d:\oldc\bus\county.app\app62515.cdu 000006 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920-5093 LOCATION: 405 Mariposa Lane --DU APPLICANT: PRL Properties LLC REPRESENTATIVE: Sunny Vann EXHIBIT DATE: 9/16/15 E-MAIL: suzanne.wolff(o)pitkincounty.com PID# 273514402005 ZONE: AR -10 EMAIL: sunny@vannassociates.com PHONE: 925-6958 Type of Application: Special Review and GMQS Exemption for Caretaker Dwelling Unit Description of Project/Development: The Applicant is requesting approval to construct a caretaker dwelling unit ("CDU"). BOCC Resolution No. 149-2010 granted approval for a CDU. The CDU has not been built and the CDU approval has lapsed. The Applicant is requesting a new approval for a CDU in the same location as shown on the Site Plan recorded in Plat Book 100 at Pages 58-61. Land Use Code Sections to be addressed in letter of request (application): • 2-30-30(h): Special Review criteria for caretaker dwelling unit • 4-30-50(e)(1)(2): Caretaker Dwelling Unit • 6-30-40(c): GMQS Exemption for CDU 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 date specified for the Administrative Decision 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 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. FEES: $1,029 (make check payable to "Pitkin County Treasurer") • $975 Planning Office flat fee (non-refundable, based on 3 hours of staff time If staff review time exceeds 3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $312/hour) $54 Public Notice Fee 000001 To apply, submit 1 copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above, 2. Site plan showing location of CDU; 3. 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. 4. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject property within Pitkin County, 5. Consent from the owner of the property for the representative to process the application and represent the owner, 6. List of all property owners within 300' (1 copy). 7. Total fee for review of the application, 8. Signed fee agreement (1 copy), 9. Copy of this preapp form (1 copy) NOTES: PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION, PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ 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 http://www.aspenpitkin.com/Departments/County- Code/ ➢ The Land Use Application manual is available on-line at http://www.aspenpitkin.com/Portals/0/docs/county/Com%20Dev/Planning/land use_applicatio n_manual.pdf 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. 00000:3 Owner's Policy of Title Insurance - Schedule A Issued by 0- Fidelity National Title Insurance Company File No.: PCT22824F9 Policy No.: 82306-82656614 Address Reference: 507 MARIPOSA RD, ASPEN, CO 81611 Amount of Insurance: $6,500,000.00 Premium: $ 11,005.00 Date of Policy: December 15, 2010 @ 12:49 PM 1. Name of Insured: PRL PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 2. The estate or interest in the Land that is insured by this policy is: IN FEE SIMPLE 3. Title is vested in: PRL PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY y EXHIBIT 2 4. The Land referred to in this policy is situated in the County of PITKIN, State of Colorado and Is described as follows: LOTS 1 AND 2, HARDY SUBDIVISION, according to the Final Plat of Hardy Subdivision recorded June 7, 2000 in Plat Book 53 at Page 59. Countersigned: Authorized officer or agent ALTA Ownels Policy Schedule A (Rev 6106) 00000/ SCHEDULE B -OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT22824F9 December 15, 2010 @ 12:49 PM 82306-82656614 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 taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. SPECIAL EXCEPTIONS: 8. Taxes and assessments (not including condominium or homeowners association assessments or dues) for the year 2010 and subsequent years only, a lien not yet due and payable. 9. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded June 1, 1908 in Book 55 at Page 588. 10. Easement for Road purposes as granted to The County of Pitkin as set forth in instruments recorded March 18, 1938 in Book 157 at Page 508. 11. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded April 26, 1994 in Book 748 at Page 784 as Resolution No. 94-61, 12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded September 26, 1994 in Book 762 at Page 306 as Resolution No. 94-168. 13. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded April 18, 1996 as Reception No. 391910 as Resolution No. 95-241 and re-recorded June 20, 1996 as Reception No. 393881. 14. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded January 21, 1997 as Reception No. 401041. 15. Easement and right of way for the Castle Creek Ditch, the Midland Flume Ditch. (Continued) 00001-0 POLICY NO. 82306-82656614 CASE NO. PCT22824F9 SCHEDULE E -OWNERS --EXCEPTIONS--CONTINUED-- 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded March 25, 1998 as Reception No. 414859 as Resolution No. 98-34. 17. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The Board of County Commissioners recorded November 24, 1999 as Reception No. 438012 as Resolution No. 99-189. 18. Terms, conditions, provisions and obligations as set forth in Trail Easement Agreement recorded June 7, 2000 as Reception No. 443993. 19. Terms, conditions, provisions and obligations as set forth in Deed of Conservation Easement recorded June 7, 2000 as Reception No. 443994. 20. Terms, conditions, provisions, obligations and all matters as set forth in Subdivision Improvements Agreement recorded June 7, 2000 as Reception No. 443995, First Amendment recorded December 11, 2003 as Reception No. 492280 and Second Amendment recorded December 15, 2010 as Reception No. 575905. 21. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Hardy Subdivision recorded June 7, 2000 as Reception No. 443996, First Amendment to Protective Covenants for Hardy Subdivision recorded December 19, 2003 as Reception No. 492642, Second Amendment recorded February 9, 2009 as Reception No. 556302 and Third Amendment. recorded December 15, 2010 as Reception No. 575906, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 22. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 7, 2000 in Plat Book 53 at Page 59. 23. Terms, conditions, provisions and obligations as set forth in Administrative Decision recorded November 28, 2003 as Reception No. 491845. 24. Terms, conditions, provisions, obligations and all matters as set forth in Agreement to Grant Underground Power Line Easement, recorded December 19, 2003 as Reception No. 492644. 25. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded November 5, 2004 as Reception No. 503875 . 26. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Board of County Commissioners of Pitkin County, Colorado recorded November 20, 2008 as Reception No. 554446 as Resolution No. 118-2008. (Continued) POLICY NO. 82306-82656614 CASE NO. PCT22824F9 SCHEDULE B -OWNERS --EXCEPTIONS--CONTINUED-- 27. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the the Board of County Commissioners of Pitkin County, Colorado recorded December 6, 2010 as Reception No. 575642 as Resolution No. 149-2010. 28. Easements, rights of way and all matters as disclosed on Survey of subject property prepared by Sopris Engineering -LLC AJS Monument Update 08112/10. EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER PARAGRAPH NUMBER 5 (WATER RIGHTS). 000012 EXHIBIT September 30, 2015 Ms. Suzanne Wolff, Senior Planner Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Permission to Represent Dear Ms. Wolff: Please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for Caretak- er Dwelling Unit and Special Review approval for Lot IA of the Hardy Subdivision. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or required additional information, please do not hesitate to call. Yours truly, PRL PROPERTIES, LLC Michael S. M rgan, Member Manager Patricia B. Morgan, Member ager 5606 South Rice Street Houston, TX 77081 (713) 361-7231 d:\oldc\bus\county.Itr\Itr62515. sw I 000013 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and / (hereinafter APPLICANT) AGREE AS FOLLOWS: EXHIBIT 8 an application for reinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees rior a determination of application completeness, APPLICANT shall pay a base fee in the amount of $which is based onX 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 Effective 1/26/10 G:countyladmin\formslagreement to pay 00001 APPLICANT Print Signature Date: Mailing Address: GoG >• lCC� 5?' KAPLAN MICHAEL S LAURA PO BOX 9575 ASPEN, CO 81612 ASPEN HIGHLANDS MOUNTAIN LLC PO BOX 1248 ASPEN, CO 81612 HALLWOOD FINANCIAL LIMITED 3710 RAWLINS ST #1500 DALLAS, TX 75219 BOWDEN TRUST OF 1990 5847 SAN FELIPE #3600 HOUSTON, TX 77057 000015 EESA LLC PO BOX 9575 ASPEN, CO 81612 PT RANCH HOUSE LLC 300 N LASALLE ST #1500 CHICAGO, IL 60654 SANDRICH JAY & LINDA TRUST 10100 SANTA MONICA BLVD # 1050 LOS ANGELES, CA 90067 US FOREST SERVICE 806 W HALLAM ST ASPEN, CO 81611 UNKNOWN ASPEN, CO 81611 GILL TIMOTHY E 461 RACE ST DENVER, CO 80206 PT RANCH BARN LLC 300 N LASALLE ST #1500 CHICAGO, IL 60654 EXHIBIT �J EXHIBIT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE HARDY SUBDIVISION AMENDMENT TO DEVELOPMENT PERMIT, SUBDIVISION EXEMPTION FOR A MINOR PLAT AMENDMENT, AND SPECIAL REVIEW AND GMQS EXEMPTION FOR A CARETAKER DWELLING UNIT, AND GRANTING AN EXTENSION OF VESTED REAL PROPERTY RIGHTS Resolution No. x-2010 RECITALS Michael and Patti Morgan ("Applicant") have applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to extinguish the existing development right on Lot 1, merge bots 1 and 2 into a single lot for development purposes, and construct a single family residence and caretaker dwelling unit on the reconfigured lot (Lot I A). In exchange for extinguishing the development right on Lot 1, the Applicants propose to transfer 4,750 square feet of floor area from Lot I to Lot 2. This would increase the maximum allowable floor area on the Lot I from 11,750 square feet to 14,250 square feet, of which 11,750 square feet would be above grade and 2,500 square feet would be restricted to subgrade space, subject to the acquisition and surrender of one TDR. 2. The Applicants also propose to expand and reorient the existing activity envelope on Lot 2 to accommodate the residence and caretaker dwelling unit on Lot I A, and to obtain approval of a caretaker dwelling unit. 3. The property is located on Castle Creek Road, and is described as Lots I and 2, Hardy Subdivision. 4. The property is zoned AR -10. Lot 1 contains 31.529 acres and Lot 2 contains 25.810 acres. 5. The BOCC approved the subdivision, pursuant to'Resolution Nos. 94-46, 94-61, 94-168, 95-241 and 98- 34. The Final Plat was recorded in Plat Book 53 at Page 59, The BOCC extended the vested rights until October 13, 2009, pursuant to Resolution No. 99-189. Pursuant to Administrative Decision No. 56- 2003, the Community Development Director approved a minor amendment to allow phasing of the improvement of the common access driveway and the installation of utilities, in order to accommodate the development of Lot 4. A single family residence was subsequently constructed on Lot 4. 6. Pursuant to Resolution No. 118-2008, the BOCC granted an increase in the allowable floor area on Lots 1, 2 and 3 front 7,000 square feet to 11,750 square feet, with the additional 4,750 square feet limited to garage (750 square feet) and subgrade space (4,000 square feet), subject to the acquisition and surrender of two TDRs for the subgrade and garage space. This amendment addressed the change in the Code in 2000, which eliminated the subgrade and garage exemptions in the Rural Area. The BOCC also extended.the vested rights to October 12, 2012. 7. The BOCC considered this application at a public hearing on December 1, 2010, at which time evidence and testimony was presented with respect to the application. 8. The BOCC finds that the proposal will reduce the density, intensity and visual impacts of the subdivision, and will increase the open space in the subdivision. 9. The BOCC further finds that the proposed amendments do not change the use or basic character of the subdivision; do not constitute a now land development activity; will not increase off-site impacts; do not endanger the public health, safety or welfare or violate env standard of the Land Use Code; 000016 RECEPTIONM 575642,12/06/2010 at 11:43:17 AM, 1 OF 4, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO will not increase the need for parking, utilities or affordable housing; and will not increase the floor area or decrease the open space. 10. The BOCC further finds that the caretaker dwelling unit complies with the applicable criteria in the Code. 11. The BOCC finds that the needs of the County would be served by an extension of the vested rights, as the criteria provided in Section 2-20-170(d)(1) are satisfied and justify an extension of the vesting period. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Hardy Subdivision Lots I and 2 Amendment to Development Permit, Subdivision Exemption for a Minor Plat Amendment and Special Review/GMQS Exemption for a Caretaker Dwelling Unit, and an extension of statutory vested rights, subject to the conditions set forth herein, which shall run with the land and be binding on all successors in interest. 1. The Applicant shall adhere to all material representations made in the application or in public meetings or. hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The conditions of BOCC Resolution Nos, 94A6,94-61,94-168,95-241,98-34,99-189 and 118-2008, and Administrative Decision No. 56-2003 shall remain in full force and effect, except as amended herein. 3. Prior to submission of any future building permit applications for Lot IA the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended plat. The above referenced approvals shall be a condition precedent to finalization and recordation. The mylar copy of the plat must be signed by the owners prior to submittal for recording. 4. Concurrent with recordation of the amended plat, the Applicant shall record amendments to the Subdivision Improvements Agreement and the Protective Covenants to reflect the merger of Lots 1 and 2 into Lot IA. The amended SIA and Protective Covenants shall be reviewed and approved by the County Attorney and Community Development, prior to recordation. The provision of a Letter of Credit prior to the conveyance of either -Lots 1 or 2 and before a building permit is issued for each lot, as provided for in paragraph 3 of Amendment to Hardy Subdivision Improvements Agreement, shall not be required. S. Prior to submission of any building or other development permit applications for Lot ]A, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Sees, 2-30-20 and 7-10-50 of the Code. 6. Lot 1 A has a growth management allotment that provides for a base. maximum floor area of 11,750 square feet. The gross floor area of Lot IA shall be limited to 14,250 square feet, of which 2,500 square feet shall only be used for subgrade space. To attain the 2,500 square feet of subgrade space, the Applicant shall surrender one TDR Certificate and a deed evidencing the Applicant's acquisition of the Certificate (if applicable) at building permit application for the residence. 7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the perimeter of the activity envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 000011 8. No development, including, grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, entry or ranch gates, well or septic system shall occur outside of the approved activity envelope. The approved Activity Envelope may be expanded, and/or additional Activity Envelopes designated, to accommodate existing improvements; the septic system; and such other accessory uses, structures, utilities and landscaping as may be approved through the Site Plan Review. 9. Prior to issuance of a Certificate of Occupancy for Lot IA, the Applicant shall submit for recording a covenant acceptable to the Community Development Department and County Attorney prohibiting commercial agricultural activities on the lot. 10. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a Uvo burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least I VW X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. The Applicant shall provide two off-street parking spaces for the caretaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 11. Prior to issuance of a building permit for the caretaker dwelling unit; the Applicant shall obtain and the" Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit for compliance with these conditions of approval prior to issuance of a Certificate of Occupancy. 12. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 13. Statptory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on October 12, 2015. 000018 NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 31" day of October. 2010. APPROVED AND ADOPTED on the I' day of December, 2010. G PUBLISHED AFTER ADOPTION in the Awn Times Weekly on the LAY of $ t 2010. APPROVED AS TO CONTENT: 'Cindy Houben Community Development Director P090-10 PID #273514402001 &273514402002 00001y BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By�� /*— C George Newman, Ch it APPROVED AS TO FORM: ohn Ely off C ttomey EXHIBIT RECEPTION#: 590335, 07/03/2012 at 08:08:13 AM, ; 7 1 OF 1o. R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE PRL PROPERTIES LLC SITE PLAN REVIEW AND MINOR AMENDMENT TO A DEVELOPMENT PERMIT Determination No. q_-2012 RECITALS 1. PRL Properties LLC ("Applicant") has applied to the Pitkin County Community Development Director ("Director") to construct a single family residence and caretaker dwelling unit. A minor amendment is also requested to add two additional activity envelopes: to accommodate a lawn area, swimming pool, the on-site wastewater treatment system's absorption field, well, utilities and additional landscaping. 2. Joe and Carrie Wells, Penny Pritzker and Bryan Traubert, Charles Tarver, Judy Hyde and James Smith, Mike and Laura Kaplan, and Bob Rafelson submitted objections to the application. Therefore, the application was continued to a public hearing before the Hearing Officer. 3. The property is located on Mariposa Lane off of Castle Creek Road and is more specifically described as Lot IA, Hardy Subdivision. 4. The lot contains 57.340 acres and is a conforming size lot in the AR -10 zone district. 5. The Board of County Commissioners (`BOCC") approved the Hardy Subdivision, pursuant to Resolution Nos. 94-46, 94-61, 94-168, 95-241 and 98-34. The Final Plat was recorded in Plat Book 53 at Page 59. The BOCC extended the vested rights until October 13, 2009, pursuant to Resolution No. 99-189. 6. Pursuant to Resolution No. 118-2008, the BOCC granted an increase in the allowable floor area on Lots 1, 2 and 3 from 7,000 square feet to 11,750 square feet, with the additional 4,750 square feet limited to garage (750 square feet) and subgrade space (4,000 square feet), subject to the acquisition and surrender of two TDRs for the subgrade and garage space. This amendment addressed the change in the Land Use Code ("Code") in 2000, which eliminated the subgrade and garage exemptions in the Rural Area, The BOCC also extended the vested rights to October 12, 2012. Pursuant to Resolution No. 149-2010, the BOCC granted approvals for an amendment to the plat, merging of Lots I and 2 into a single lot for development purposes (New Lot 1 A), and extinguishing the second development right. The BOCC approval allows the construction of a single family residence and caretaker dwelling unit containing a maximum of 14,250 square feet of gross floor area, of which 2,500 square feet shall only be used for subgrade space through use of one TDR, and extends the vested rights to October 12, 2015. The amended plat is recorded in Plat Book 98 at Pages 96-97. 8. The Hearing Officer considered the application at public hearings on May 15, 22 and 29, 2012. 9. Activity Envelope A and the allowable floor area were approved by the BOCC pursuant to Resolution No. 149-2010 and the approval is still vested. The proposed residence and caretaker dwelling unit have been sited within Activity Envelope A and comply with the approved floor area. 000020 Determination No.M_-2012 Page 2 10. The residence should not be moved uphill and farther from Castle Creek Road due to the avalanche hazard. 11. In view of the approved Activity Envelope and the allowable FAR, the residence and related improvements occupy most of the Activity Envelope. The ability to relocate the residence is severely limited, and relocation would have little or no impact on the applicant's compliance with applicable Scenic View Protection Standards, further discussed below. 12. Any development within the Activity Envelope will be visible from Castle Creek Road, primarily from the area along Castle Creek Road to the north of Mariposa Lane, where the distance to the site is almost one-half mile. This is identified in the application as PM -6. Changes in the siting or design of the residence within the Activity Envelope will not substantially change the visibility of the residence from this view area given the distance to the property. 13. The primary issues of concern in this hearing are standards (d)(3) and (dx5) of Sec. 7-20-120 of the Code, the Standards for Development Within Scenic View Protection Areas. The Applicant has satisfied these standards as follows: A. The design avoids the visibility of the residence from Castle Creek Road to the maximum extent practicable and is not located on the most visible portion of the site as seen from the road. B. The design includes to some extent the following elements: breaking up the mass of the residence into smaller fortes; articulating the building facade and staggering the roofline. C. The design complements the topography by following the existing grades. The change in the existing grade from the west to east ends of the residence is 16', and the elevation change of the main roof assemblies from the west to east ends of the residence is 13'. 14. The Applicant has satisfied the Rural Character Guidelines for Building Location (Sec. 7-20-120(e) of the Code) by siting the residence at the greatest practicable distance from Castle Creek Road and at the northern edge of the meadow. 15. Landscaping must provide year-round screening of the residence to the maximum extent practicable when viewed from Castle Creek Road, and, therefore, it is appropriate to include a significant number of evergreens in the landscape plan. 16. The proposed accessory Activity Envelopes comply with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land. They are consistent with condition #8 of BOCC Resolution No. 149-2010, which contemplated expansion of the approved Activity Envelope or designation of additional Activity Envelopes as necessary if approved through the Site Plan Review. They do not increase off-site impacts or the allowable floor area, and they will not endanger the public health, safety or welfare. THE HEARING OFFICER DOES HEREBY APPROVE the PRL Properties LLC Site Plan Review, Minor Plat Amendment and Minor Amendment to a Development Permit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The conditions of BOCC Resolution No. 149-2010 shall remain in full force and effect. 000021 Determination No.7_-2012 Page 3 2. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. The footprint of the buildings shall be substantially consistent with the site plan attached as Exhibit A, and the elevations shall be substantially consistent with the graphic representations attached as Exhibit B. 3. Prior to submission of any further development permit applications for the property, the Applicant shall be required to submit for approval by the County Attorney and Community Development a 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 Site Plan shall identify the previously approved Activity Envelope as shown on the recorded plat, and the accessory envelopes approved through the Site Plan Review. 4. Prior to issuance of a building permit for the residence and/or caretaker dwelling unit, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for non- household/irrigation use. B. Obtain an On -Site Wastewater Treatment System construction permit from Environmental Health. C. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. If the total development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. Storrnwater shall be detained onsite and allow infiltration of runoff prior to discharge. D. Obtain a County access/driveway permit for the driveway, which shall be reviewed and approved by the Aspen Fire Protection District and Planning/Zoning. E. Submit a construction management plan for review and approval by Planning/Zoning. F. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. G. Pay the applicable road and employee housing impact fees. 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 tree mitigation plan for the removal of any trees larger than 6 inch DBH. J. Submit a detailed landscaping plan, which shall be substantially consistent with the Preliminary Landscape Plan dated 5/25/12, and attached as Exhibit C. Financial security shall be required to ensure completion of the approved landscaping and to ensure successful establishment of the plants. Financial security shall be provided in a form acceptable to the County Attorney in an amount based on a current estimate of the cost of the landscaping provided at the time of permit application. The financial security for all trees to the east of a line connecting the western boundaries of the Phase I and 2 boxes as shown on Exhibit D, the Phasing Landscape Plan, shall be held for a period of two years following installation for such trees. K. Submit a detailed exterior lighting plan demonstrating compliance with the County's lighting regulations. Exterior lighting on the north facade shall be limited to the minimum required to comply with the building code. 000022 Determination No. N -2012 Page 4 5. The landscaping identified in Phases 1 and 2 in Exhibit D shall be installed as specified therein as soon as reasonably practicable, so as to ensure the survivability of the plant material.. All remaining landscaping and revegetation shall be completed prior to issuance of the Certificate of Occupancy for the residence. If weather does not permit completion of the landscaping and revegetation prior to issuance of the Certificate of Occupancy, the County may issue the Certificate of Occupancy and shall hold the financial security required in Condition 441 above until the landscaping is completed during the subsequent growing season. 6. The exterior of the residence and caretaker dwelling unit shall be built or painted with indigenous earth tone materials or colors. All roofs shall have a non -reflective color or composition, with the exception of materials associated with solar or photovoltaic equipment. 7. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District, including but not limited to access, turning around of fire apparatus, installation of approved fire sprinkler systems in all structures, and a minimum 20,000 gallon water supply for fire -fighting or confirmation of an accessible hydrant in the vicinity. 8. No development shall occur outside of the approved Activity Envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 9. All new utilities shall be installed in locations and through procedures that minimize visual impacts to the maximum extent practicable. All utilities shall be installed or extended underground within the approved Activity Envelopes. 10. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and/or any improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in height. 11. No 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. 12. 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 might not be permitted under building and zoning regulations. 13. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code,,�4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on �tI]y;11`h2015. 000021 Determination No. Y-2012 Page S NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEWES WEEKLY on the 29d'day of March, 2012. APPROVED AND ADOPTED this 291" day of May, 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ':1 day oOn , 2012. ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, Co ttome P024-12 e®xz77514402005 000024 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PrrKIN COUNP(, COLORADO By _ I " Thomas Kenton Smith, Hearing Officer Date !:L- 3 i - ( Z,— Bonnie / APPROVED AS TO CONTENT: d Houten, Community Development Director CYMC RYl I I I LLC ACTIVITY ENVELOPE/SITE PLAN. EVIEW )T 1A, HARDYSUBDIVISJOW- k PARCEL OF LAND SIrUAYrffM-9Cr0WW- (SHIP 10 SOUTH, RANGE 65 WEST OF THE 6N P.M. COUNTY OF PITEIN, STATE OF COLORADO PARCEL NO. 273514402001 ,`I01, iI II 1 ;� ,�t '. i-1,. 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MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public comment deadline to all owners of rope within 300' of the subject property, as indicated on the ttached list, on �20l— which is 30 days prior to the deadline of 201j. The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest public way) on the 201— hich is at least fifteen (15) days prior to the public comment deadline. photograph of the posted sign is attached her Applicant's name (Attach photograph here) I:XC C�y Signed before me this 12 th day of r 20ISy Sun vam WITNESS MY HAND AND OFFICIAL SEAL TARA L. NELSON 7fk mission expires: NOTARY PUBLIC 'L"STATE OF COLORADO "N" NOTARY ID 20014030017 No Public MY COMMISSION EXPIRES 08/25/2017 �Y =atkln County NOV 12 2015 Community Development Notary Public's Signature dopdsite Piw Cuetakc Dwelling Unit PUBLIC NOTICE RE: PRL Properties LLC Special Review and GMQS Exemption for Caretaker Dwelling Unit (Case P072-15) NOTICE IS HEREBY GIVEN that an application has been submitted by PRL Properties LLC (5606 South Rice Avenue, Houston, TX 77081) requesting approval for Special Review and GMQS Exemption for Caretaker Dwelling Unit. The property is located at 405 Mariposa Lane and is legally described as Lots 1 and 2, Hardy Subdivision. The State Parcel Identification Number for the property is 2735-144-02- 005. 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 November 23, 2015. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on October 22, 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 November 23, 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. httr)://pitkincountv.com/DocumentCenterNiew/6116 M J KAPLAN MICHAEL d LAURA PO BOX 9575 ASPEN, CO 81612 ASPEN HIGHLANDS MOUNTAIN LLC PO BOX 1248 ASPEN, CO 81612 HALLWOOD FINANCIAL LIMITED 3710 RAWLINS ST #1500 DALLAS, TX 75219 BOWDEN TRUST OF 1990 5847 SAN FELIPE #3600 HOUSTON, TX 77057 3 EESA LLC UNKNOWN PO BOX 9575 ASPEN, CO 81612 ASPEN, CO 81611 PT RANCH HOUSE LLC GILL TIMOTHY E 300 N LASALLE ST #1500 461 RACE ST CHICAGO, IL 60654 DENVER, CO 80206 SANDRICH JAY & LINDA TRUST PT RANCH BARN LLC 10100 SANTA MONICA BLVD # 1050 300 N LASALLE ST #1500 LOS ANGELES, CA 90067 CHICAGO, IL 60654 US FOREST SERVICE 806 W HALLAM ST ASPEN, CO 81611 COMMENTS/OBJECTIONS: Any comments or objections must be provided to the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO 61611, 970-920-3526 by the following date. DATE FOR FURTHER INFO CONTACT: - ,� - �dr, - — PUBLIC NOTICE RE: PRL Properties LLC Special Review and GMQS Exemption for Caretaker Dwelling Unit (Case P072-15) NOTICE IS HEREBY GIVEN that an application has been submitted by PRL Properties LLC (5606 South Rice Avenue, Houston, TX 7708 1) requesting approval for Special Review and GMQS Exemption for Caretaker Dwelling Unit. The property is located at 405 Mariposa Lane and is legally described as Lots 1 and 2, Hardy Subdivision. The State Parcel Identification Number for the property is 2735-144-02- 005. 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 November 23, 2015. For further information, contact Suzanne Wolff at (970) 920-5093. Published in the Aspen Times Weekly on October 22, 2015. Attention All Property Owners within 300' of the subject aroaerty 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 November 23, 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. hn://Ritkincounty.com/DocumentCenterNiew/6136 PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX4 (970) 920-5439 October 9, 2015 Sunny Vann PO Box 4827 Basalt, CO 81621 sunny@vannassociates.com Re: PRL Properties LLC Special Review and GMQS Exemption for Caretaker Dwelling Unit (PID #2735-144-02-005; Case # P072-15) Dear Mr. Vann: 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 October 22, 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 23`d day of November, 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 l Id' day of November, 2015, which is at least fifteen (15) days prior to November 22, 2015. This must 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 DEVELOMENT Permit Receipt RECEIPT NUMBER 00039094 Name: Michael S Morgan Date:10/5/2015 Project Address: 507 MARIPOSA LN Type: check # 1524 Permit Number Fee Description 0072.2015.PLAN PP- Flat Fee 0072.2015.PLAN PP- Public Notice Fee Total: Amount 975.00 54.00 1.029.00 PLATS