HomeMy WebLinkAboutpitkin.planning.273514201005 (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)
Parcel ID: 2735-14-2-01-005 Application Date: 11/20/15
Description: Barsim LLC Activity Envelope and Site Plan Review
Project Address: 115 GLEN EAGLES DR, ASPEN, CO 81611
Property Owner: BARSIM LLC
Owner's REP: DOUGLAS L RAGER
REP's Email: ragerarchitect@gmail.com
Case No: P088-15
Planner: Mike Kraemer
# Copies: 1
Allocated Hours: 12
% Over Hours: 4.4
Address: PO BOX 5323 Owner Phone:
SNOWMASS VILLAGE, CO 81615
Address: 1780 SNOWMASS CREEK RD REP's Phone: (970) 927-1780
ASPEN, CO 81654
Referrals: FIRE DEPT - ASPEN Other Referrals: Aspen Highlands HOA None
ALL OTHER REFERRALS
Comments Due Date: 01/11/2016
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 12/10/2015
Meeting Notes: VPN 1/28/16
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 001-2016#626414
Other Information:
VR Approval Date: 01/15/2016 Plat Recorded Date: 01/21/2016
VR Expires Date: 01/15/2019 Plat (Bk, PG): B113 P43 #626466
Remarks:
Application Type: Activity Envelope
Site Plan
DECISIONS
RECEPTION#: 626414. 01/19/2016 at
02:53:14 PM,
1 OF 5, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County. CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITHIN COUNTY, COLORADO, GRANTING THE BARSIM LLC ACTIVITY ENVELOPE AND
SITE PLAN APPROVAL
Administrative Decision No.�_-2016
INgo) VIF41
Barism LLC (hereafter referred to as "Applicant") have applied to the Community Development
Director of Pitkin County ("Director") for Activity Envelope and Site Plan approval for demolition
of an existing residence and construction of a new single family residence.
2. The subject Lot is located at 115 Glen Gary Drive and is legally described as Block 6, Lot 1 of the
Aspen Highlands Subdivision. PID#: 273514201005. The lot is located within the R-30 zone district.
3. No previous land use decisions apply to the property. The existing residence has been demolished and
was 7,776 square feet of gross floor area, verified by the Zoning Officer.
4. The application was referred to the Aspen Fire Protection District and the Aspen Highlands
Subdivision HOA. No comments were received.
5. The affidavit of public notice was mailed on December 1, 2015 to the property owners within 300'
of the subject parcel. No objections were received within 30 days. Public notice was published in
the paper on December 10', 2015.
6. The Director finds that the parcel: (1) is not mapped within any big game ranges; (2) is mapped
within a low wildfire hazard area; and (3) is mapped within a scenic view protection area as viewed
from Maroon Creek Road, a designated Scenic Corridor. The Director further finds that general
wildlife standards and low wildfire standards will be applied as conditions to mitigate these hazards.
The future residence will be visible from Maroon Creek Road but will not obstruct a ridgeline when
viewed from this road.
7. The Director further finds this request is consistent with the requirements of the Land Use Code.
APPROVED by the Director, subject to the following conditions:
The Applicants shall adhere to all material representations made in the current or prior applications or
in public meetings or hearings and shall consider those representations to be conditions of approval,
unless amended by other conditions.
2. 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.
3. Prior to submission of any future building permit applications, the Applicants shall be required to
submit for approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Page I of
Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation.
4. The Lot is exempt from Growth Management for up to 7,776 square feet of gross floor area. Above
grade floor area requirements in the R-30 Zone District shall be adhered to.
5. No structural development, with the exception of fencing, in excess of 30" shall occur within the
setbacks of the Lot. 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 shall require a variance from the Board of Adjustment. Approval of a landscape
envelope within such setbacks does not assure approval of a variance.
6. The firture residence shall utilize non -reflective roofing and indigenous earth tone colors for the fagade
of buildings.
7. At building permit application for the residence, the Applicant shall:
A. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre.
C. If necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire
Protection District and County Engineer.
D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All
slopes steeper than 2:1 shall utilize erosion control blankets.
E. Submit engineered plans for retaining walls greater than four feet in height.
F. Submit a construction management plan for review and approval by the Planning Engineer
showing the locations of staging, material storage and employee and construction traffic
parking.
G. Pay the applicable road and employee housing impact fees.
8. The Applicants shall adhere to the wildfire standards below:
A. Defensible Space:
1. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot
(10') perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire expert
acceptable to the County).
3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall
be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a
height of ten (10) feet above the ground with removal of ladder fuels from around trees and
brush.
Page 2 of 5
5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten
(10) feet between the edges of the crowns, except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten (10) feet of a residence.
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Water Supply for Fire Safety
a) Automatic fire suppression sprinklering systems shall be installed in the future residence.
C. All roof coverings shall be constructed of a Class A roof and installed on a Class A roof assembly.
1. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following:
a. All roof coverings shall be constructed of non-combustible materials and
installed on a Class A roof assembly.
b. All roof coverings shall have a surface that shall facilitate the natural process of
clearing roof debris.
c. Protrusions above the roofline, such as parapets, shall be prohibited.
d. Roofs shall be installed as required by the adopted Building Code and shall have
a minimum pitch of 1:48.
D. The Applicants shall comply with the following maintenance and miscellaneous requirements:
Page 3 of 5
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
('/a) inch maximum.
3. Yards shall be kept clear of all litter, slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. 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.
12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13. The Applicant shall comply with all requirements of the Aspen Fire Protection District
Code.
14. Addresses shall be clearly marked with four (4) inch non-combustible letters and shall be
visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
9. The Applicants shall comply with the following general conditions regarding wildlife:
A.
Manipulation of vegetation outside of the Activity Envelope is prohibited.
B.
Mesh or woven wire fences are prohibited outside the Activity Envelope.
C.
Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level, and twelve (12)
inches in width (top view), and shall have at least eighteen (18) inches between the
lower two (2) rads.
D.
Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -
five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches.
The middle strands (which may be barbed) should be located a minimum twelve (12)
inches apart and from the top wire preventing entanglement when mule deer jump over.
The bottom strand should be sixteen (16) inches from the ground.
E.
Tall overly mature trees and standing dead trees (snags) should be retained at the rate
of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
F.
In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited
within the Activity Envelope. This does not include pre-existing native trees and
shrubs.
G.
Development shall be clustered to the maximum extent possible to minimize impact
on wildlife.
H.
Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
1.
Trash/garbage shall be kept in an approved bear resistant container or enclosure.
Page 4 of
J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and be at least ten (10) feet from the ground suspended between two (2) trees
or posts. All seed feeders shall include a seed catchment pan to catch discarded seed.
K. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
L. Pet food shall not be left outside.
M. Dogs on site during construction are prohibited.
N. All exterior door knobs shall have round handles.
10. No development, including grading, excavation, fill placement, driveway, turnaround, berms,
landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the
approved building envelope, with the exception of measures to comply with the wildfire mitigation
required herein.
The access drive shall be built to current County Standards, as described in the Pitkin County Asset
Management Plan and submit for an access permit. The driveway layout shall be staked in the field
and reviewed and approved by the County Engineer, prior to commencement of construction.
12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the comers of the activity envelope and install construction fencing around the construction site
within the perimeter of the building envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
13. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
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, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on January kms, 2019.
15. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this
property.
PUBLISHED AlaER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Awn Times
Weeklv on thay of 5onua 2016.
APPROVED by the Director, this01%day of %, 2016.
Cin o ben & cli
Community Development Director
PIN 273514201005
Case# P088-15
Page 5 of 5
APPLICATION
MATERIAL
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: 115 Glen Eagles Drive, Block 6, Lot 1 Aspen Highlands Subdivision
PID#: 273514201005
ZONING: R-30 SIZE: 45,040 square feet
OWNER: Barsim LLC
REPRESENTATIVE: Doug Rager PHONE & EMAIL: 927-1780,
ragerarchitect(o)gmai I. corn
DATE: September 3, 2015 PLANNER: Mike Kraemer 920.5482
Type of Application: Activity Envelope and Site Plan Review
Description of Project/Development: The Applicant is requesting approval for an Activity Envelope and Site
Plan to demolish an existing single family residence and construct a new single family residence.
Land Use Code Sections to be addressed in letter of reauest taoolicationl:
Sec. 7-10-50: Activity Envelope;
Sec. 7-20-10: Site Preparation and Grading,
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-30: Water Courses and Drainage,
Sec. 7-20-60: Wildfire (area mapped low)
Sec. 7-20-70: Wildlife Habitat (general standards);
Sec. 7-20-120(d): Standards for Scenic View Protection Areas (Hwy Maroon Creek Road);
Sec. 7-20-130: Landscaping and Vegetation Protection;
Sec. 7-20-140: Lighting,
Staff will refer the application to the following agencies: Aspen Highlands HOA, Aspen Fire Protection
District.
Review by: Community Development Director.
Public Hearing: No. However, 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 at least 30 days prior (by first class mail) to all property
owners and mineral estate owners within a 300 foot radius of all property lines 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 is postmarked to submit comments or objections to the
Community Development Department.
FEES: $3,954.00 (Please make check payable to "Pitkin County Treasurer')
• Planning Office flat fee: $3,900 (non-refundable; based on 12 hours of staff time. If staff review time
exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of
$325/hour).
o Public Notice Fee: $54
To apply, submit one unbound copy of the following:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail
to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current
000001 of 3-7
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and M L
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
�1. APPLICANT has submitted to COUNTY an application for
(hereinafter, the "PROJECT"). l
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 the COUNTY. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $'i�_�, ayhich is based on 12, -hours of staff time, and if actual time spent by staff to process the
application ex
—We 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 `�G✓) GkA V L�
Cindy Houben
Community Development Director
000002
("APPLICANT")
Print Na em and Title (if applicable)
uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County
Land Use Application Manual.
2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan as designated in Sections 2.1.1 and 2.1.12 of
the Pitkin County Land Use Application Manual;
3. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application
Manual (as applicable);
4. Copies of all resolutions, ordinances and approvals including any recorded drawings,
5. Proof legal water supply; _,.. i -1 I �/V 4 1✓ i,
6. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application
Manual; Tt t_ ! t\,',
7. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within
Pitkin County; }
8. Consent from all owners to process application and authorizing the representative;, �Ttyr F l=r.
9. Total fee for review of the application;
10. Executed Pitkin County Community Development Agreement for Payment of Land Use Application
Fees,
11. List of all property and mineral estate owners within a 300 foot radius of all parcel lines;
12. A copy of this Pre -application Conference Summary form.
NOTES:
PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE
APPLICATION.
THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
➢ ALL MAPS SHALL BE FOLDED
➢ The Land Use Code and Land Use Application manual are available on-line at:
htt o://www.pitkincounty. com/196A-and-Use
➢ 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.
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.
000003
Land Title Guarantee Company
Date: May 29, 2015
Land Ttle
GUAMAf..E COMPANY
—Simez967—
BARSIM LLC, A COLORADO LIMITED LIABILITY COMPANY
PO BOX 5323
SNOWMASS VILLAGE, CO 81615
sschlater@me.com,juliewschlafer@me.com
Subject: Attached Title Policy OX64000410.969361
for 115 GLEN EAGLES DRIVE, ASPEN, CO 81611
Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed
above.
This title policy is the final step in your real estate transaction, and we want to take a moment to
remind you of its importance. Please review all information in this document carefully and be sure
to safeguard this policy along with your other legal documents.
Your owner's policy insures you as long as you own the property and requires no additional
premium payments.
Please feel free to contact any member of our staff if you have questions or concerns regarding
your policy, or you may contact the Final Policy Department at Phone: 970-927-0405 or Email
Address: finals@ltgc.com
As a Colorado -owned and operated title company for over 45 years, with offices throughout the
state, we take pride in serving our customers one transaction at a time. We sincerely appreciate
your business and welcome the opportunity to assist you with any future real estate needs. Not
only will Land Title be able to provide you with the title services quickly and professionally, but you
may also be entitled to a discount on title premiums if you sell or refinance the property described
in the enclosed policy.
Thank you for giving us the opportunity to work with you on this transaction. We look forward to
serving you again in the future.
Sincerely,
Land Title Guarantee Company
000004
Land Title Guarantee Company
Date: May 29, 2015
Land Title
GUAAAN EE COMPANY
—Since t967—
BARSIM LLC, A COLORADO LIMITED LIABILITY COMPANY
PO BOX 5323
SNOWMASS VILLAGE, CO 81615
We at Land Title Guarantee Company believe in delivering quality products that meet your needs
and our goal is to provide the most efficient, reliable service in the industry. Thank you for giving us
the opportunity to serve you.
000005
Patent -O6
ENDORSEMENT
Attached to Policy No. 0X64000410.969361
Our Order No. 64000410
Issued By
Old Republic National Title Insurance Company
The Company insures the Insured against loss or damage which the Insured shall sustain by reason of
damage to existing and future improvements, including lawns, shrubbery and trees resulting from the
exercise of any right to use the surface of the Land for enforcement of any of the reservations contained
in the Patent to the Land and excepted from the description of the Land or shown in Exception 7 of
Schedule B.
This endorsement is issued as part of the Policy. Except as it expressly states, it does not (i) modify any
of the terms and provisions of the Policy, (ii) modify any prior endorsements, (iii) extend the Date of
Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the Policy or a previous
endorsement is inconsistent with an express provision of this endorsement, this endorsement controls.
Otherwise, this endorsement is subject to all of the terms and provisions of the Policy and of any prior
endorsements.
Old Republic National Title Insurance Company
By: Land Title Guarantee Company
By:
Authorized Signature
000006
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Policy Number 0X64000410.969361
Order Number 64000410
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING
1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT
THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAYBE ASSERTED BY
PERSONS IN POSSESSION OF THE LAND.
2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, 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 NOT SHOWN BY THE PUBLIC RECORDS.
4) ANY LIEN, OR RIGHT TO ALIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER
FURNISHED, IMPOSED BY LAW AND 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) WATER RIGHTS, CLAIMS OR TITLE TO WATER.
6) 2015 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE.
7) RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AS
RESERVED IN UNITED STATES PATENT RECORDED JANUARY 19, 1892 IN BOOK 55 AT PAGE 2Q.
8) RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP,
FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS
EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO
HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED IN INSTRUMENT
RECORDED MARCH 8, 1960 IN BOOK 190 AT PAGE M.
9) TERMS, AGREEMENTS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF DECLARATION, PROVIDING
FOR THE USE OF WATER, RECORDED JUNE 10, 1960 IN BOOK 191 AT PAGE 16 AS RECEPTION NO. 109797.
10) ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AS SHOWN ON PLAT OF ASPEN HIGHLANDS
SUB -DIVISION RECORDED MARCH 8, 1960 IN PLAT BOOK 2A AT PAGE 256 AS RECEPTION NO. 109384.
11) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED DECEMBER 15,
1975 IN BOOK 306 AT PAGE 5U.
12) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT RECORDED FEBRUARY 8,
1999 AS RECEPTION NO. 427473.
13) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AGREEMENT REGARDING THE SKI LIFT
AND SKI TRAIL USE RECORDED FEBRUARY 8, 1999 AS RECEPTION NO. 427474.
ITEM NOS. 1 THROUGH 4 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED
ITEM NOS. 5(A) AND 5(B) OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
Schedule A
order Number: BAR 64000410 Policy Number: 0X64000410.969361
Amount: $4,218,000.00
Property Address:
115 GLEN EAGLES DRIVE, ASPEN, CO 81611
1. Policy Date:
May 18, 2015 at 5:00 P.M.
2. Name of Insured:
BARSIM LLC, ACOLORADO LIMITED LIABILITY COMPANY
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by
this policy is:
A FEE SIMPLE
4. Title to the estate or interest covered by this policy at the date is vested in:
BARSIM LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Policy is described as follows:
LOT 16, BLOCK 1, ASPEN HIGHLANDS SUBDIVISION, ACCORDING TO THE PLAT RECORDED MARCH
8, 1960 IN PLAT BOOK 2A AT PAGE 25Q.
COUNTY OF PITKIN, STATE OF COLORADO.
This Policy Valid only if Schedule 8 is attached.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, d any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In
interpreting any provision of this policy, this policy shag be construed as a whole.
(b) Any claim Or loss or damage that arses out of the status of the Tide or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an autndnzed person, or expressly incorporated by Schedule A of this policy.
(d) Each endorsement lofts policy issued many time is made a pert of this policy and is subject to all of as terms and provisions. Except as the endorsement expressly
states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy. or (iv) increase the Amount of
Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that proviwn
or such part held to be invalid, but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law; The Insured acknowledges the Company has underivritten the risks covered by this pokey and determined the premium charged therefor in reliance
upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of tale insurance of the jurisdiction
where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity Of claims against the Title that are adverse
to the Insured and to interpret and enforce the terms of this policy. In neither case shall the wort or arbitrator apply its conflicts of law principles to determine the
applicable law.
(b) Choice of Forum; Any libgabon Of Other proceeding brought by the Insured against the Company must be filed only in a state or federal wurt wahm the Unitetl States
of America Or its territories having appropriate jurisdiction.
1& NOTICES, WHERE SENT
Any notice of claim and any other nonce or statement in writing required to be given to the Company under this policy must be given to the Company at: 400 Second
Avenue South, Minneapolis, Minnesota 55401. (612) 371-1111.
ANTI -FRAUD STATEMENT. Pursuant to CRS 10.1-128(axa), 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 of 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
policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder 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.
This anti -fraud statement is affixed to and made a part of this policy.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06
Copyright 20062015 American Land Tille Association. All rights reserved ao.06.poucy.covetodt
insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or
proceeding or to do any other act flat in is opinion may be necessary or desirable to establish the Tide, as insured, or to prevent or reduce loss or damage to the
Insured. The Company may take anms y appropriate action under the terof this policy, whether or not 0 shall be liable to the Insured. The exercise of these rights shall
not be an admission of liability or waver of any provision of this policy. If the Company exercises its fghrs under this subsection, it must to W diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination
by a court of Competent jurisdiction, and d expressly reserves the right, in its sole discretion, to appeal any adverse judgment or Order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all Cases where this policy permits or requires tbe prosecute or to proor provide for the defence of any action or proceeding and any appeals, the Insured shell
ra
secure to the Company the right to so pmsecule or provide defense in the action or proceeding, including the right ro use, at los option, the name of the Insured for this
purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining
wmasses, prosecuting or defending the action or proceeding. or effecting sehlement, and (ii) in any other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other mater as insured. If the Company is prejudice by the failure of the Insured to furnish the required cooperation.
the Company's obligation to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to
the matter of raiders requiring such cooperation.
(b) The Company may reesonaby require the Insured Claimant to submit to examination under oath by arty authorizer) representative of the Company and to produce to
examination, inspection, and Copying, at such reasonable times and places as trey be designated by the authorized representative of the Company, all recordsin
whatever medium maintained, including books, ledgers, checks, mem0randa, Correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before
Or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall
grant its permission, in wrong, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or Control of a third
Perry that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimam provided to the Company pursuant to this Section
shall nit be disclosed to others unless. in the reasonable judgm sm of the Company, it a necessary in the administration of the claim. Failure of the Insured Claimant to
submit for examination under dam produce any reasonably requested information, or grana permission to secure reasonably necessary information from third parries as
required in this subsection, unless prohibited by law or governmental regulation, shell terminate any liability of the company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay o Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with arty costs, attorneys' fees, and expenses incurred by the insured
Claimant mat were authorized by the Company up to the time of payment or lender of payment and that the Company is obligated to pay. Upon the exercise
by the Company, of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment
required in the subsection, shall terminate, including any liability or obligation m defend, prosecute. or continue arty litigation.
(b) To Pay or Otherwise Sette With Parties Other Than the Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an Insured Clemant any claim insured against under this policy. In addition.
the Company will pay any Costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the
file of payment and that the Company is obligate to pay: or
(i) To pay a otherwise settle with the Inured Claimant the loss or damage provide for under this policy, together with any costs, attorneys-
fees,
ttorneysfees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the hate of payment and that the Company is
obligate to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (e), the Company's obligations to the Insured under
this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimem who has suffered loss or damage by reason
of meters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall net exceed the lesser of
(i) the Amount of Insurance; or
(0) the difference between the value of the Title as insured and the value of the Tde subject to the risk insured against by this policy.
(b) ff the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined ether as of the date the claim was made by the Insured
Claimant or as of the date if is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those Costs, attorneys' fees, and expenses incurred in accordance with
Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title. or removes the alleged defect, lien, or encumbrance, or cures the lack of a night of access to or from the Land, or ares the claim
of Unmarketable Tide, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed
is obligations with respect to that matter and shall not be liable for any loss or damage cause rot the Insured.
(b) In the event of any litigation, including fifigation by the Company or with the Company's consent. the Company shall have no liability for loss or damage until there
has been a final determneoon by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. _
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in setting any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for Costs, attorneys fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment.
1L LIABILITY NONCUMULATIVE
The Amount of Insurance stall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which
the Insured has agreed, assumed. or taken Subject, or which is executed by an Insured after Dale of Policy and which is a charge or lien on the Tde, and the amount so
paid shall be deerned a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settle and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Clement in the Tale and
all other rights and remedies in respect to the claim that the insured Gaiment has against any person or property. to the extent of the amount of any loss, costs.
adoroeysfees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Clain art shall permit the Company to sue, compromise, Or settle in the name of the Insured Claimant and to use the
name of the Insured Cleft m in arty da anion or litigation involving these rights end remedies. If a payment on account of a claim does rot fully cover the loss of the
Insured Claimant. the Company shall deter the exercise of its right to recover ural after the Insured Claimant shell have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insure to indemnities, guatanties, other policies of insurance, or bonds, n omithsanding any terms or
conditions contained in these Instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or Controversy shall be submitted in arbitrebon pursuant to the Tale Insurance Arbitration Rules of the
American Land Title Association ("Rules"). Except as provided in the Rules, there stall be no joinder or consolidation with claims or controversies of other persons,
Arbitrable meters may include, but we rat kmted to. any controversy or claim between the Company and the Insured arising out of or relating M this policy, any service
in connection with is issuance or the breach of a policy provision, or to arty other controversy or claim arising out of me bensaction giving rise to this policy. All arbitrable
maters when the Amount Of Insurance is 52.000,000 or less shall be arbitrated at the option of either the Company or the Insured. An arbitrable matters when thand
e
uAmount Of Insurance nder the Rules shalllbe binding upon the parties Judgmm upon the award rendered by the AArbamraato(s)�mey bre erteredhin any Arbitration
Court of competent juri dla my
EXCLUSIONS FROM COVERAGE
The following matters we expressly excluded from the coverage of this policy, and the Company will not Pay loss or damage, casts, attorneys' fees, or expenses that
arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating t0
(i) the occupancy, use, or enjoyment of the Land;
(e) the character, dimensions, or location of any improvemem erected on the Land:
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does hal modify or lima the coverage provided under Covered Risk 6,
2. Rights of emmem domain. This Exclusion does rat modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing l0 the
Company by the insured Claimant prior to the date the Insured Claimant became an Insured under this policy:
(c) resulting in no JOSS or damage to the Insured Claimant;
(d) aaachng or created subsequent to Dare Of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); of
(e) resulting in loss or damage that would rot have been sustained it the insured Claimant had paid value or the Title.
4. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditorsrights laws, that the transaction vesting the Title as shown
in Schedule A. is
(a) a fraudulem conveyance or fraudulem transfer; or
(b) a preferential transfer or any reason rat staled in Covered Risk 9 of this policy.
5. Any lien on the Tide for real estate taxes or assessmems imposed by governmental authority and created or watching between Date of Policy and the date
of recording of the deed or other instrument of transfer in the Public Records that vests ride as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The follavmhg terms when used in t4s policy mean:
(a) -Amount of Insurance-: The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or
decreased by Sections SO and U of these Conditions.
(b) "Date of Policy": The date designated as -Dam of Policy" in Schedule A.
(c) "Entity': A corporation, partnership, trust, limited liability company, or other similar legal entry.
(d)'insured-: The Insured named in Schedule A.
(i) The term `Insured" also includes
(A) successors to the Title of the insured by operation of law as distinguished from purchase, including heirs, devisees, survivors,
personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger. consolidation. distribution, or reorganization; (C) successors to an Insured by its
conversion to another kind of Entity;
(D) a grantee of an insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) 6 the stock, shares, memberships, or other equity interests of the grantee are whORY-owned by the named Insured.
(2) it the grentee wholly owns the named Insured,
(3) it the grantee is wholly-owned by an affiliated Entity of the named Insured. provided the affiliated Enmity and the
named Insured are
both wholly-owned by dna same person or Entity, or
(4) if the grantee is a trustee or benefit ary of a bust created by a written instrument established by the Insured named in
Schedule or estate planning purposes.
(it) With regard to (A), (B), (C), and (D) reserving, however, all fights and defensed as to any successor mat the Company would have had
against any predecessor Insured.
(e) "Insured Clairnant'1 An Insured claiming loss or damage.
(f) "Knowledge" or "Known': Actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the Public Records or
any other records that impar constructive notice of matters affecting the Title. The term -Land- does not include any
(g) "Lard": The land described in Schedule A, and affixed improvements fiat by law constitute real property.
property beyond the lines of the area described in Schedule A, nor any right, tale, interest, estate, or easement in abutting streets, mads. avenue, alleys.
lanes, ways, or waterways, but INS does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage': Mortgage, deed of trust, trust deed, Or other security instrument, including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Dale of Policy or the purpose of importing constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records' shall also include environmental protection
liens filed in the records of the clerk of the United States District Court or the district where the Land is located.
0) "Tide": The estate or interest described in Schedule A.
-Unmarketable Tde': Title affected by an alleged or apparent matter that would permit w prospective purchaser or lessee of the Title or lender on the True to
be released from the obligation to purchase, lease, or lend if there a a comracaxal condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE-
The coverage of this policy shall continue in force as Of Date of Policy in favor of an insured, but orgy So long as the Insured retains an estate or imeresl in the Land, or
holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of
warranties in any transfer or cerveyaroe of the Tale. This policy shall not continue in tome in favor of any purchaser from the Insured of either (i) an estate or interest in
the Lard, or (n) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (1) in case of any litigation as Set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come in
an Insured hereunder of end claim of tale or interest that is adverse 10 fire Title, as insured, and that might cause loss or damage or which the Company may be liable
by virtue Of this policy, or (ii) if the rte, as insured. is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS mem that tie insuretl
In the event the Company is unable o determine the amount of loss or damage, the Company may, at its option, require as a condition of pay
Claimant furnish 9 signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the
basis of loss or damage and shall state, m the extent possible. the basis of calculating the amount of the loss or damage.
S. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon mitten request by the Insured, and subject to the options contained in Section 7 of these Conditions. the Company, at its own cost and without unreasonable
delay, shall provide for the defense of an Insured in litigation in which any third parry assems a clam covered n this pucy adverse to M o elect the insured.
clhoceigsuhjen to
ation is
limited o only those stated causes Of action alleging matters insured against by this policy. The Company 9
the right of the Insured to object for reasonable cause) to represent the Insured as to Nose stated causes of action. It shall not be Keble or and will not Pay the fees of
any other counsel. The Company will not pay arry fees, costs, or expenses Incurred by the Insured in the defense of those causes of action that allege matters not
* * OWNER'S POLICY OF TITLE INSURANCE
t} ^
ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR NY AT THE IN KESS S REQUIRED TI BE GIVEN TO THE COMPANY
■\`,yT1/S)V
*UNDER THIS POLICY MUST BE GIVEN 70 THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS.
* *COVERED RISKS
* * # * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the
"Company"), insures, as of Date of Polity and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding
the Amount of Insurance, sustained or incurred by the Insured by reason of.
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have
authorized a transfer or conveyance;
(ii) a document affecting Title not property created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to
perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a detective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable. but unpaid.
(c) Any encroachment, encumbrance, violation, variation, a adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
S. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land: or
(d) environmental protection
it a notice. describing any pan of the Land, is recorded in the Public Records setting form the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 g a notice of the enforcement
action, describing any pan of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to In that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
6. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in pan, or from a court order providing an alternative remedy, of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar credhors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timety, or
(ii) to impart notice of los existence to a purchaser for value or to a judgment or lien creditor.
30. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs. attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy. but only to the extent
provided in the Conditions. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Issued through the Office of:
LAND TITLE GUARANTEE COMPANY
3033 E IST AVE #600
DENVER, CO 80206
304850-4165
•�.�
John E. Freyer, President
a Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55,101
612)371-1111
••rrf r���
•• p471TLF
gym:
4t * da�0�:
070 . �N
rrrlrrr ll♦
Copyright 2006.2015 American Lard Title Association. All fights reserved. The use of this form 5 restricted to ALTA licensees and ALTA members in good
scantling as of the date of use. All other uses are prohibited. Repnnted under license fmm the American Land Title Association.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 617-06 ao.06.policy.pg1.0rt.0dt
00012
Mark Ibr aside
A.ME PLICAN
LAND TITLE
ee!.......
ASSOClAT10N
Rande Yeager, Secretary
-
n
Copyright 2006.2015 American Lard Title Association. All fights reserved. The use of this form 5 restricted to ALTA licensees and ALTA members in good
scantling as of the date of use. All other uses are prohibited. Repnnted under license fmm the American Land Title Association.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 617-06 ao.06.policy.pg1.0rt.0dt
00012
BARS I M LLC
AUTHORIZATION
November 18, 2015
I hereby appoint Doug Rager as our Authorized
Representative, effective immediately.
I understand I can revoke permission for my Authorized
Representative to act on my behalf at any time
BARSIM LLC
Julie Weisberg Schlafer, principal
barsimllc@amail.com
248-496-7213
000013
115 Glen Eagle Drive, Block 6 Lot 1 Aspen Highlands Subdivision
PID# 273514201005
Zoning R-30
Letter of Request Addressing Land Use Code Sections
Comments Addressing Land Use Code Sections in red.
7-10-50: SITE PLAN AND ACTIVITY ENVELOPE
(a) The intent of this Chapter 7 is to allow activities and development to take place
where they comply with the provisions of this Land Use Code and with the Pitkin
County Comprehensive Plan for the area. Compliance will generally involve
avoidance of "Constrained Areas" through the identification of an "Activity
Envelope," as well as approval of a Site Plan. For purposes of Chapter 7,
"Constrained Areas" include all areas included in each of the following categories,
as defined and regulated by this Land Use Code:
(i) Areas of Statewide Interest listed in C.R.S. 24-65.1-101 et. seq.), (ii)
steep and potentially unstable slopes, (iii) water courses, drainage channels, and
areas subject to erosion, (iv) flood plain hazard areas, (v) geological hazard areas,
(vi) severe or low to moderate wildfire hazard areas, (vii) wildlife habitat areas,
(viii) river and stream corridors and wetlands (ix) irrigated lands for food or crop
production, (x) historic preservation areas, and (xi) archeological resource areas.
(b) The Site Plan process incorporates an "Activity Envelope" approach in which
the County staff works with the applicant to determine which portions of the site
(if any) would permit the proposed activity or development to be conducted in
compliance with this Land Use Code and in conformity with the Comprehensive
Plan for the area. In general, this process will involve both a determination of (i)
which portions of the site are not available for development because of the
existence of Constrained Areas, and
(ii) of the remaining portions of the site, which areas would accommodate the
activity or development so as to minimize impacts on surrounding properties,
maximize compliance with the requirements of the development standards in this
Chapter 7, and maximize compliance with the Comprehensive Plan goals and
objectives.
(c) In general, the defined Activity Envelope for development of primary uses
shall be large enough to accommodate the proposed principal use of the property
and traditional permitted accessory structures, infrastructure (roads and septic
systems), and uses, but should not be significantly larger than the area needed
for such structures. The defined Activity Envelope is not significantly larger than
the area needed for such structures. In the case of a site with few Constrained
000014
Areas, the defined Activity Envelope may include more than one potential
building site for a new single family home. The defined Activity Envelope may
include non-contiguous areas (including separate areas for septic fields,
landscaping, driveways to public roads, mitigation measures required in
connection with any provision of this Chapter 7, and/or areas to be disturbed only
during construction on the property (including staging areas and materials storage
areas). The defined Activity Envelope includes area for the driveway.
Construction of trails will not require an Activity Envelope analysis except as
required by Sec. 7-20-50. NiA
(d) Clearing, grading or grubbing of two hundred (200) square feet or more in
area, earthmoving of fifty (50) cubic yards or greater, or changes in the natural
drainage of the site shall occur only after an Activity Envelope has been defined
and all applicable local, state and federal permits have been obtained. In addi
tion, Site Plan Approval is required if these activities will occur on a property
within a Scenic View Protection Area and the development is not exempt pursuant
to Sec. 7-20-120 (c). 'There are no changes to the natural drainage of the site
proposed.
(e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall
adhere to all development standards in 7-20-40 and 7-2-80 and shall be reviewed
by the BOCC as set forth in Table 2-1.(f) Stream Restoration is not applicable.
Once an Activity Envelope has been defined, the natural grade, topography,
vegetation and drainage of areas outside the defined areas shall not be disturbed
except as specifically permitted in this Land Use Code. Prior to any development
activity on the parcel, the boundaries of the Activity Envelope shall be identified
with construction fencing, and such fencing shall remain in place until
development has been completed.
(g) While it is preferable to obtain approval of an Activity Envelope
as part of the Site Plan approval process, applicants who are not prepared to
submit a Site Plan for a specific structure may request approval of an Activity
Envelope separately. Prior to the issuance of a Development Permit, the applicant
shall be required to apply for and obtain approval of a Site Plan confirming that
the proposed development is consistent with the defined Activity Envelope and
with other standards in this Land Use Code not considered at the time the Activity
Envelope was defined.
Site Plan attached includes a specific proposed structure.
(h) The standards in this Chapter 7 shall be used (i) to identify the Activity
Envelope on a property, (ii) to review and approve the Site Plan
for proposed development, and (iii) to regulate development within the Activity
Envelope pursuant to the Site Plan.
el C f?^1'-
Please note that the existing driveway & existing Garage are retained with this
application proposal. The proposed new house will be located basically in the
same location as the former now demolished existing house. The new home
configuration is the same as the existing home & is one story on the Glen Eagle
side with a walk -out lower level on the downhill side. The proposed new home
does not alter the existing site grading, slopes, drainage, wildfire risk, wildlife
habitat, or scenic view plans in any significant way. The existing mature
landscaping & vegetation is an important feature of the lot & will be carefully
protected & preserved.
7-20-10: SITE PREPARATION AND GRADING
(a) Grading and Fill Placement
Grading and filling on a site shall take place only within a defined Activity
Envelope.
All grading and fill placement that exceeds fifty (50) cubic yards shall be
indicated on the Site Plan.
(b) Clearing, Grubbing, and Vegetation Removal
Clearing or grubbing of land, or removal of vegetation shall take place only within
an approved Activity Envelope, except removal of noxious weeds and 10 or fewer
dead or diseased trees of a caliper of 6" d.b.h. or greater within a 12 month time
period that create a hazard may occur outside of an Activity Envelope. Disposal of
dead or diseased trees shall be in accordance with the Land Management
Department's policy.
Trees removed that contain active mountain pine beetles shall not be stored for
firewood. Each Site Plan shall document compliance with the requirements of this
Sec. 7-20-10(b) and Sec. 7-20-130.
(c) Tree Removal and Mitigation
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, to the
maximum extent practicable. Any tree that (i) is diseased, or (ii) is required to be
removed pursuant to the provisions of Sec. 7-20-60, as those requirements may be
vaned by a wildfire expert approved by the County, may be removed and no
replacement shall be required. All revegetation shall also comply with the Pitkin
County Revegetation Guidelines.
Required replacement trees that do not survive for at least one (1) year after
installation shall be replaced at the owner's expense, and the County may require
financial security for such replacement pursuant to Sec. 7-20-130(b)(7).
(d) Protection of Natural Terrain
The County Planning Engineer or Community Development Director
00001u
shall suggest and may require design and construction techniques that lessen or
mitigate any physical and visual damage caused by the proposed activity or
development to Constrained Areas or to the natural terrain, stream vegetation, and
other natural features of the landscape within the Activity Envelope
Techniques shall include, but are not limited to:
(1) Revegetation
Revegetation and reforestation utilizing native or similar horticultural material,
to be completed during the first planting season after construction; where
vegetation is removed, it shall be replaced with vegetation that will reach similar
density and height to that removed within two (2) years following conclusion of
construction.
(2) Topsoil
Removing and saving topsoil prior to any grading or excavating and
replacement for revegetation.
(3) Weed Prevention
Weed prevention, thistle management, and prohibition of non-native plants,
which may include reducing animal damage to vegetation cover, as determined
by the United States Soil Conservation Service Soil Survey.
(4) Utility Installation
Locating and installing utilities in a manner minimizing damage to the natural
environment and scenic quality.
(5) Erosion, Sedimentation, and Stormwater Management
(a) Land uses shall:
(1) Not cause erosion problems and, if practicable, retain all soil on site;
(2) Minimize disturbance of natural vegetation and soil cover;
(3) Ensure that all cuts and fills are adequately designed and
vegetated to control erosion as well as stability of the slope area;
(4) Ensure that natural drainage patterns are preserved and
protected from increased water flows that subject existing
channels and adjacent areas to increased erosion; and
(5) Preserve natural vegetation and soil cover within those buffer
distances adjacent to rivers, streams, lakes, reservoirs and wetlands/riparian areas
established in Sec. 7-20-80.
(b) Mitigation measures identified in an approved erosion,
sedimentation, or stormwater management plan shall remain in place
until revegetation is viable
7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES
000017
The following provisions shall apply whenever steep slopes or potentially unstable
slopes occur within the Activity Envelope but do not apply when the Activity
Envelope have been defined to avoid such areas.
(a) Slope Delineation, See Activity Envelope Site Plan attached.
Development is prohibited on slopes with a slope gradient equal to or exceeding
forty-five (45) percent, except:
(1) Where:
(a) The lot is in a legally platted subdivision, recorded prior to 1972, and
The lot is within a legally platted subdivision, recorded in 1960.
(b) There is no alternative building site that avoids areas of slope
exceeding forty-five (45) percent, and
The very small area of steep slope is an anomaly created with grading at the
existing house prior to it's demolition. The location of the proposed new residence
is in same basic location as the existing residence.
(c) An engineer or geologist licensed in the State of Colorado
demonstrates that the site can be engineered so that there is no hazard posed by the
location of development on such slopes, and
Proposed new residence is engineered by Ernest Kollar Engineers & soils
engineering by H.P. Geotech.
(d) The proposed development complies with all standards in subsection
(c)(1) below applicable to slopes of thirty (30) percent or greater; and
(2)As provided in subsections (c)(3) or (c)(4) below.
(4) Existing Roads and Driveways Through the Site Plan process, an exception for
minor road and driveway improvements may be permitted to existing roads and
driveways that traverse previously disturbed slopes equal to or in excess of thirty
(30) percent, provided: Existing & proposed new drive are located on slopes of
less than 30%.
(5)Guidelines for Retaining Walls
Proposed new retaining walls shall conform to the following guidelines:
Use of retaining walls is encouraged to reduce the steepness of man-made slopes
and to provide planting pockets conducive to revegetation.
(a) Retaining walls may be permitted to support steep slopes but should not exceed
four (4) feet in height from the finished grade, except for (i) a structure's
foundation wall, or (ii) as necessary to construct a driveway from the street to a
garage or parking area, or (iii) as otherwise expressly allowed by this Land Use
Code.
(b) A retaining wall should not exceed seven (7) feet in height.
Retaining walls greater than four (4) feet in height shall be supported by
00001
appropriate engineering and reviewed and approved by the County Engineer.
(c) Terracing should be limited to two (2) tiers. The width of the terrace between
any two four (4) foot vertical retaining walls should be at least three (3) feet.
Retaining walls higher than four (4) feet should be separated from any other
retaining wall by a minimum of five (5) horizontal feet. Terraces created between
retaining walls shall be permanently landscaped or revegetated with native
vegetation.
(d) Retaining walls used to support existing road cuts may exceed (a), (b), and (c)
of these guidelines.
(6) Standards for Retaining Walls
(a) Retaining walls shall be faced with stone or earth -colored materials similar to
the surrounding natural landscape.
(b) All retaining walls shall comply with the adopted building code, except that
when any provision of this section conflicts with any provision set forth in the
adopted building code, the more restrictive provision shall apply.
(7) Detention/Stormwater Facilities
Where detention basins and other storm and erosion control facilities may be
required, any negative visual and aesthetic impacts on the natural landscape and
topography shall be minimized to the maximum extent practicable.
See Drainage & Erosion Control Plan attached.
(8) Utility Cuts
Utility cuts on any slope with a gradient of fifteen (15) percent or greater shall be
reviewed through the Site Plan process.
There are no utility cuts on a slope of fifteen percent or greater. (Utilities run to the
street.)
(9) Revegetation Required
Site will be revegetated pursuant to Sec. 7-20-130.
Any slope exposed or created in new development shall be landscaped or
revegetated pursuant to the standards and provisions set forth in Sec. 7-20-130 as
well as the revegetation standards in the Pitkin County Revegetation Guide, the
Pitkin County Landscaping Guidelines maintained by the Pitkin County Public
Works Department, and the Roadway Landscaping Guidelines included in the
Pitkin County Asset Management Plan, as applicable. In the event those
documents contain inconsistent requirements with regard to a particular area of
land, the stricter provision shall govern.
7-20-30: WATER COURSES AND DRAINAGE
(c) Drainage
(1) General Activities and development shall provide for:
000019
(a) Maintenance of historical flow patterns and runoff amounts to reasonably
preserve the natural character of an area and prevent property damage attributable
to runoff rate and velocity increases, diversions, unplanned ponding and/or
stormwater runoff;
There are no existing water courses. Historical drainage flow patterns shall be
maintained. See Drainage & Erosion Control Plan attached.
7-20-60: WILDFIRE HAZARDS
The lot is located in an area mapped low wildfire hazard. The standards for
wildfire mitigation described below will be followed.
This section establishes the standards for development in wildfire hazard areas.
The level of hazard is determined primarily by grade or slope and continuity of
fuels.
As a general guideline, low hazard is located on slopes of zero to twenty (0-20)
percent with discontinuous fuels; moderate hazard is located on slopes of ten to
twenty (10-20) percent with continuous fuels, or on slopes greater than twenty (20)
percent with discontinuous fuels; and severe hazard is located on slopes of greater
than twenty (20) percent with continuous fuels.
(a) Wildfire Hazards Map Areas of "Severe Wildfire Hazard" and "Low to
Medium Wildfire Hazard" are designated on the Pitkin County adopted Wildfire
Hazard Area Maps, which are maintained in the Community Development
Department. However, the maps are only a general reference, and actual wildfire
hazards shall be field verified. In the event field verification identifies areas of
wildfire hazard not identified on such maps, the provisions of this Sec. 7-20-60
shall apply to such areas. In each case where an applicant's property is located
partially or entirely within an area of "Severe Wildfire Hazard", a wildfire expert
acceptable to the County, shall visit the property to evaluate the level of risk in
more detail.. The wildfire expert may confirm the levels of risk indicated on the
Wildfire Hazard Area Maps, or may recommend that all or a portion(s) of the site
be reclassified to a higher or lower level of wildfire risk. In addition, the wildfire
expert shall make recommendations regarding any mitigation measures that should
be implemented in light of the proposed activity or development, and such
recommendations shall be considered by the County in the Site Plan process.
(b) Wildfire Hazard Area Delineation and Activity Envelope
If requested by the Community Development Department during a pre -application
conference, the Site Plan shall delineate all areas of "Severe Wildfire Hazard" and
"Low to Medium Wildfire Hazard" within the Activity Envelope and within one
hundred (100) feet outside the Activity Envelope. In the case of varying hazard
levels within the Activity Envelope, it shall be sufficient to label the entire Activity
000020
Envelope with the highest level hazard existing in any part of such area. The
Activity Envelope should be designed to avoid areas of "Severe Wildfire Hazard",
and to mitigate wildfire hazards in areas of "Low to Medium Wildfire Hazard" as
set forth in this Sec. 7-20-60. All wildfire mitigation and creation of defensible
space shall occur within the Activity Envelope.
(c) Standards Applicable to All Wildfire Hazard Areas
Development is allowed in wildfire hazard areas subject to conformance with the
following development standards, (which may be varied upon recommendation by
the wildfire expert), and conformance with the additional standards in subsection
(d)as applicable.
(1) Defensible Space
The area around all buildings/structures, limited by prop
erty 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):
(a) Brush, debris and non -ornamental vegetation shall be removed within a
minimum ten -foot (10') perimeter around all structures.
(b) Vegetation shall be reduced to breakup the vertical and horizontal continuity of
the fuels at a minimum of a thirty (30) foot perimeter around a structure built on
flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire
Guidelines For Rural Homeowners, which provides general guidelines that may be
modified by a wildfire expert acceptable to the County).
(c) Spacing between clumps of brush and vegetation up to the thirty (30)
foot perimeter shall be a minimum of two (2) times the height of the fuel.
Maximum diameter of the clumps shall be equal to the height of the fuel.
All measurements shall be from the edges of the crowns of the fuel.
(d) All branches from trees and brush within the thirty (30) foot
perimeter shall be pruned to a height of ten (10) feet above
the ground with removal of ladder fuels from around trees and brush.
(e) Tree crown separation within the thirty (30) foot perimeters shall
have a minimum of ten (10) feet between the edges of the crowns, except
for mature stands of aspen trees where ladder fuels have been removed. In areas of
aspen regeneration, understory shrubs and down and dead materials shall be
removed
(f) All branches that extend over the roof eaves shall be trimmed and all branches
within fifteen (15) feet of chimneys shall be removed.
000021
(g) The density of fuels up to a one hundred (100) foot perimeter of the structures
shall be reduced where natural reduction has not already occurred.
(h) All deadfall up to a one hundred (100) foot perimeter shall be removed.
Chapter 7 -Development Standards
(i) No new conifer trees shall be planted within ten (10) feet of a residence.
0) No flammable mulches shall be placed within two (2) feet of a residence.
(k) The property owner shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
(2) Access
(a) Access roads and driveways shall be built to County standards;
however, these standards may be increased to mitigate wildfire hazards
based on comments provided by the Colorado State Forest Service, the
Sheriff's Department, local fire protection districts and/or a person approved by
the County as an expert in wildfire area designation and mitigation. Where
feasible, looped routes of access/egress to a public road shall be incorporated in
the design of a proposed development.
Looped routes of access/egress is defined as two (2) or more dedicated access
roads to the main artery/highway for widely separated ingress/egress; looped
drives with one (1) entrance point or divided single entrances do not satisfy this
condition. Where this is not feasible, the Community Development Department
may approve vehicular turnaround areas a maximum of seven hundred fifty (750)
feet apart installed between the road intersection and its terminus. Turnaround
areas shall be the same standard as cul-de-sac turnaround pads; these may be
incorporated into the proposed driveway entries
(a) When access to a public or private pressurized water system is not available or
if it is necessary to augment fire protection water systems, private ponds may be
used if approved by the Community Development. Public pressurized water
system is available.
Department and the local fire district.
4) Roofing Materials, Roofing Vents and Projections At and Below Roof Line
unless the wildfire expert has recommended a different method of construction,
roofs and projections at or below roof line in Low, Medium and Severe Wildfire
Hazard Areas shall be constructed according to the following specifications:
(a) Low Hazard Area
(1) Roofing Materials
a. Class A covering or Class A Assembly as defined by the currently adopted
Building Code.
b. No wood shakes or shingles.
c. All other adopted Building Code compliant methods and materials permitted.
000022
(d) All Hazard Areas
Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or
Severe Wildfire Hazard Areas unless they comply with the following:
(1) All roof coverings shall be constructed of non-combustible materials and
installed on a Class A roof assembly. All roolino swill he Class A.
(2) All roof coverings shall have a surface that shall facilitate the
natural process of clearing roof debris.
(3) Protrusions above the rooline, 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 a
building permit application.
5. Maintenance and Miscellaneous Requirements
(a) Roofs and gutters shall be kept clear of debris.
(b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh
one-fourth ('/a) inch maximum. Unv eiited roof is proposed.
(c) Yards shall be kept clear of all litter, slash and flammable debris.
(d) All flammable materials shall be stored on a parallel contour a minimum of
fifteen (15) feet away from any structure.
(e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a
height not more than six (6) inches.
(f) Firewood/wood piles shall be stacked on a parallel contour a minimum of
fifteen (15) feet away from the structure.
(g) Swimming pools and ponds shall be accessible by the local fire
district.
(h) Fences shall be kept clear of brush and debris.
(i) Wood fences shall not connect to other structures.
0) Fuel tanks shall be installed underground with an approved container. No fuel
tanks proposed.
(k) Propane tanks: no propane tanks are proposed.
(1) Each structure shall have a minimum of one ten (10) pound ABC fire
extinguisher.
(m) Addresses shall be clearly marked with two (2) inch non-combustible letters
and shall be visible at the primary point of access from the public or common
access road and installed on a non-combustible post.
(n) Additional recommendations from the Colorado State Forest Service, the
Pitkin County Sheriff's Department, the local fire protection
district and/or a person certified by the Community Development Department as
000023
an expert in designation of wildfire areas and wildfire
mitigation may be incorporated into any conditions of approval as necessary to
mitigate wildfire hazards.
Sec. 7-20-70 Wildlife Habitat
General Standards described below will be followed.
(c) General Standards
The standards in this section apply to all wildlife habitat areas shown on the
Species Activity Maps or field verified by a wildlife expert approved by the
County, or by the Colorado Division of Wildlife.
(1) When existing native vegetation must be altered within the Activity
Envelope, the applicant may be required to prepare a habitat mitigation plan
acceptable to the County. Such mitigation plan may substitute (in a nearby area
on the subject property) vegetation equal in type and quantity to that being
removed to mitigate effects on wildlife species. Should there be no opportunity on
the property for habitat mitigation or restoration, off-site mitigation benefiting the
same species may be required, or financial mitigation may be paid
into a County habitat mitigation fund should such a fund be established in the
future.
(2) Manipulation of vegetation outside of the Activity Envelope is prohibited.
(3) Mesh or woven wire fences are prohibited outside the Activity Envelope.
(4) Wood rail fencing shall employ three (3) rails or less, be the round or split rail
type, shall not exceed fifty-four (54) inches in height above ground level, and
twelve (12) inches in width (top view), and shall have at least eighteen (18)
inches between the lower two (2) rails.
(5) Wire fencing must be three (3) strands or less. The top wire should be a
twelve -point -five (12.5) gauge twisted barbless type at a maximum height of
forty-two (42) inches. The middle strands (which may be barbed) should be
located a minimum twelve (12) inches apart and from the top wire preventing
entanglement when mule deer jump over. The bottom strand should be sixteen
(16) inches from the ground.
(6) Tall overly mature trees and standing dead trees (snags) should be retained at
the rate of two (2) to five (5) per acre whenever possible as nesting and
perching habitat.
(7) In areas of high black bear activity, fruit bearing trees and shrubs shall be
prohibited within the Activity Envelope. This does not include pre-existing native
trees and shrubs.
(8) Development shall be clustered to the maximum extent possible to minimize
impact on wildlife. Development proposed is a single house in basically the same
location as the existing house.
000024
(9) Access shall be provided to the Colorado Division of Wildlife for trapping,
tagging, studying, or otherwise managing wildlife.
(10) Trash/garbage shall be kept in an approved bear resistant container or
enclosure.
(11) Bird feeders, including hummingbird feeders, shall be hung away from any
deck or window, and be at least ten (10) feet from the ground suspended between
two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch
discarded seed.
(12) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
(13) Pet food shall not be left outside.
(14) All outside doors shall utilize only solid round handled door knobs unless
another type is required by the applicable Building Code for disabled
accessibility purposes.
(15) [Reserved for standard for raptor protection from new above ground utility
poles].
7-20-120: SCENIC VIEW PROTECTION -Maroon Creek Road
See the four photos attached. Three photos are from Maroon Creek Road looking
towards the lot. The existing Garage is not visible from Maroon Creek Road.
There are extensive mature trees between Maroon Creek Road & the proposed
house site. The ridge line beyond is much higher than the proposed roof line. The
proposed house is one story on the Glen Eagle Drive side.
One photo is from the house site looking towards Maroon Creek Road.
There is another existing house between the site & Maroon Creek Road.
(d) For purposes of this section, visible means that a structure or use is
discernible to the naked eye from the designated roadway.
7-20-130: LANDSCAPING AND VEGETATION PROTECTION
Landscaping & vegetation protection shall comply with all requirements described
below:
All development in Pitkin County shall comply with the Pitkin County Landscape
Guidelines and portions of development adjacent to public roads shall comply
with the Roadway
Landscaping Guidelines contained in the Pitkin County Asset Management Plan.
In case of conflict between the provisions of these two documents and the
standards below, the guideline documents shall apply.
(a) Purpose
These regulations are intended to preserve existing vegetation on development
sites to the maximum extent consistent with the permitted development, and to
ensure that specific types of man made improvements are screened from view in
0000?5
order to preserve the rural character of the County, and to prevent the use of
landscaping in ways that would compromise the rural character of the County.
(b) General Provisions
(1) Protection of Natural Vegetation
In order to protect the rural character of Pitkin County, natural vegetation should
be preserved to the maximum extent practicable, and any installed landscaping
shall use the species plant materials naturally occurring on the site or on
neighboring properties (except for flower gardens). Restrictions on removal of
natural vegetation, and requirements for revegetation, are set forth in other
portions of this Chapter 7.
(2) Conformance with Wildfire Regulations
In the event the provisions of this Sec. 7-20-130 conflict with any provisions of
Sec. 7-20-60, as those requirements may be varied by a wildfire expert approved
by the County, the provisions of Sec. 7-20-60 shall govern.
(3) Berms No berms are proposed.
Berms may be incorporated into any required landscaping, buffering, or screening
area, provided that the County determines, during the development approval
process, that the proposed berms will not cause drainage or erosion problems. No
installed berm shall have a slope of greater than four -to one (4:1), nor a height
greater than four (4) feet above grade.
(4) Landscape Enclosures No landscape enclosures are proposed.
Landscaping shall not be used to mark or enclose the boundary of a parcel, or to
privatize an otherwise public viewplane. Use of indigenous shrubs or trees to
enclose a portion of the property immediately surrounding a dwelling, barn, and/or
accessory buildings (as opposed to the entire property or a large area of the
property) are permitted if made to resemble similar windbreaks located near older
properties in Rural Areas of the County.
(5) Visibility Clearance
All landscaping shall be installed and maintained so that it does not interfere with
the ability of drivers to see nearby traffic at the intersection of any driveway with a
public road, or at the intersection of two public roads.
(6) Utility Easements
Whenever the provisions of this Sec. 7-20-130 would require the installation of
trees or shrubs over or on utility easements, where branches or roots might
interfere with utility lines or pipes, the required location for such trees and shrubs
shall be modified to require installation at the closest location that would avoid
potential conflicts with utilities and would enable the trees and shrubs to serve the
same landscaping purpose.
(7) Financial Security
000026
The Community Development Department may require financial security in a
form acceptable to the County Attorney to ensure completion of installation of
all required landscaping and/or successful establishment of plants.
(8) Maintenance
All plants shall be maintained continually in a healthy condition in accordance
with generally accepted professional horticultural standards and practices.
Within areas required to be landscaped with installed plant materials, plants that
die or are unhealthy shall be replaced. Landscape areas shall remain free of weeds,
litter, junk, rubbish and other nuisances and obstructions.
7-20-140: LIGHTING
See Activity Envelope & Site Plan attached for the proposed exterior lighting.
(a) Applicability
The standards in this Sec. 7-20-140 are applicable to all lighting in Pitkin County.
No lighting shall be installed or continued that violates the standards of this
section.
(b) Bulb Visibility
All exterior lighting shall be designed so that the bulb (point light source) is not
directly visible from adjacent and neighboring properties or public rights-of-way.
This can be accomplished using fixtures that "fully shield" the bulb behind opaque
shielding (i.e., the light distribution is primarily down and/or up directed) or which
utilize non -transparent diffusion material (e.g. glass, acrylic, or polycarbonate) in
the case of fixtures with some sort of translucent lens(es) around the bulb
compartment. In the case
of opaque shielding, wattage shall be limited to sixty (60) incandescent watts per
fixture
or twenty-five (25) compact fluorescent watts.
(c) Light Trespass
Light trespass is defined as the shining of light produced by a light fixture beyond
the
horizontal boundaries of the property on which it is located and vertically above
the property. For all types of uses, light level shall be no greater than one-half (1/2)
of a foot-candle at the property line.
000021
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PPLICANT ACKNOWLEDGES THATHESHE HAS BEEN INFORMED BY PITKIN
OUNTY OF EXISTING ENVIRONMENTAL HAZARD AREAS THAT MAY AFFECT THE
PROPERTY, ANY IMPROVEMENTS, OR THE USEAND OCCUPANCY THEREOF
HE PROVISIONS OF PITKIN COUNTY REGULATIONS 00 NOT IN ANYWAY
SSURE OR IMLY THATANY AREAS OUTSIDE THE DESIGNATED HAZARD AREAS
ILL BE FREE FROM HAZARD OR THATAPPROVED MITIGATION MEASURES
ILL GUARANTEE THE SAFETY OF ANY PROPERTY
WNER (APPLICANTANT:
'ITKIN COUNTY OMMUNITY DEVELOPMENT DIRECTOR APPROVAL
HIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN REVIEWED AND APPROVED BY
HE COMMUNITY DEVELOPMENT DIRECTOR.
JRSUANT TO DETERMINATION NO.
ECORDEDAS RECEPTION It
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR
HIS BARSIM LLC ACTIVITY ENVELOPE AND SITE PLAN
HAS BEEN ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND
ECORDER OF PITKIN COUNTY COLORADO THIS DAY OF
. 20151N PLAT BOOK AT PAGE
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Sac. 7.10.50',
Activity Envelope:
M. 7-20.10:
Site Preparation and Grading:
Sac. 7.20.20:
Steep and Potentially Unstable Slopes;
Sac. 130.30:
Water Courses and Drainage:
Sac. 7-20-60:
Wildfire (area mapped low)
Sar:. 7-20-70:
Will Habitat( general standaMS):
Sac. 7-20-120(d):
Standards for Scenic View Protection Areas (Hwy Maroon Creak Road).
Sas 730-130:
Landscaping and Vegetation Protection;
Sac. 7-20-160:
Lighting:
PPLICANT ACKNOWLEDGES THATHESHE HAS BEEN INFORMED BY PITKIN
OUNTY OF EXISTING ENVIRONMENTAL HAZARD AREAS THAT MAY AFFECT THE
PROPERTY, ANY IMPROVEMENTS, OR THE USEAND OCCUPANCY THEREOF
HE PROVISIONS OF PITKIN COUNTY REGULATIONS 00 NOT IN ANYWAY
SSURE OR IMLY THATANY AREAS OUTSIDE THE DESIGNATED HAZARD AREAS
ILL BE FREE FROM HAZARD OR THATAPPROVED MITIGATION MEASURES
ILL GUARANTEE THE SAFETY OF ANY PROPERTY
WNER (APPLICANTANT:
'ITKIN COUNTY OMMUNITY DEVELOPMENT DIRECTOR APPROVAL
HIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN REVIEWED AND APPROVED BY
HE COMMUNITY DEVELOPMENT DIRECTOR.
JRSUANT TO DETERMINATION NO.
ECORDEDAS RECEPTION It
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR
HIS BARSIM LLC ACTIVITY ENVELOPE AND SITE PLAN
HAS BEEN ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND
ECORDER OF PITKIN COUNTY COLORADO THIS DAY OF
. 20151N PLAT BOOK AT PAGE
S RECEPTION a
ERK
0000
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EROSION CONTROL NOTES: ' \
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RECOMMNOA TIONS ARE AS FOLLOWS: \ \
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3. EfFECTWE METHODS FOR STABILIZATION INCIUOE ME
INSTALIATONOFMATEGIULLYPU DERO510NLOG
WADDLES', SEDIMENT TRAn, AND TEMPORARY OR /
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0. NON-MWTURAL METHODS FOR CONTROWNG SEDIMENT
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MISCELLANEOUS
DOCUMENTS
1913:311( N` 1411 Cil M
NOTICE IS HEREBY GIVEN to the general public that on January 15, 2016, the Pitkin
County Community Development Director granted approval for the Barsim LLC Activity
Envelope and Site Plan Review (Case P088-15; Deter. #001-2016). The property is located
at 115 Glen Eagles Drive and is legally described as Lot 16, Block 1, Aspen Highlands
Subdivision. The State Parcel Identification Number for the property is 2735-142-01-
005. This site-specific development plan grants a vested property right pursuant to Title 24,
Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on JANUARY 28, 2016.
0*
PUBLIC NOTICE
RE: Barsim LLC Activity Envelope and Site Plan Review (Case P088-15)
NOTICE IS HEREBY GIVEN that an application has been submitted by Barsim LLC
(PO Box #5323, Snowmass Village, CO 81615) requesting approval to for an Activity
Envelope and Site Plan to demolish an existing single family residence and construct a
new single family residence. The property is located at 115 Glen Eagles Drive and is
legally described as Lot 16, Block 1, Aspen Highlands Subdivision. The State Parcel
Identification Number for the property is 2735-142-01-005. 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 January
11, 2016. For further information, contact Mike Kraemer at (970) 920-5482.
Published in the Aspen Times Weekly on December 10, 2015.
Attention All Property Owners within 300' of the subject aronerty
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 January 11, 2016. 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://pitkincounty.com/DocumentCenterNiew/6847
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITICIN COUNTY LAND USE
CODE SECTION 2-20-100
I, , being or representing an
Applicant to the Pi Mn 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 fust -class, postage prepaid U.S. Mail at
least 30 days prior to the public comment deadline to all owners of property within 300' of the
subject property, as ndicated on the attached list, on �, 2015(which is 30 days prior to
The deadline of �, 201• The names and ad resses 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 conspicuous place on the subject property (as it could be seen from the nearest
public way) on the, 2015 which is at least fifteen (15) days prior to the public
comment deadline. A p otograph of the posted sign is attached hereto.
(Attach photograph here)
Signed before me this a 3 day ofDt�f�(Vl t�Q
2015by
•- I
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: JUL'T OS De1-7
L14rr1cco P - A L -M
Notary PuhGc
Notary Public's Signature
PIWCaretew 0xeaiog udtl
LINDIEY H. LATHROP-ALM
Notary Public
State of Colorado
Notary 10 20134046529
M Commission Expires Jul 25, 2017
J"
PUBLIC NOTICE
RE: Barsim LLC Activity Envelope and Site Plan Review (Case P088-15)
NOTICE IS HEREBY GIVEN that an application has been submitted by Barsim LLC
(PO Box #5323, Snowmass Village, CO 81615) requesting approval to for an Activity
Envelope and Site Plan to demolish an existing single family residence and construct a
new single family residence. The property is located at 115 Glen Eagles Drive and is
legally described as Lot 16, Block 1, Aspen Highlands Subdivision. The State Parcel
Identification Number for the property is 2735-142-01-005. 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 January
11, 2016. For further information, contact Mike Kraemer at (970) 920-5482.
Published in the Aspen Times Weekly on December 10, 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 January 11, 2016. 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://pitkincounty.com/DocumentCenter/View/6847
0
CARSON L KELLEY
WILSON ROBERT E OPRT
5813 GLEN PARK RD
4301 E EASTMAN
LOUISVILLE, KY 402225980
DENVER, CO 80222
SLATER LAWRENCE J
CONOVER MARY
1072 MAROON CREEK RD
PO BOX 3023
ASPEN, CO 81611-3367
GRAND JUNCTION, CO 815023023
GLEN EAGLES DRIVE LTD
NEWHARD PENNOCK H
516 INDEPENDENCE PL
80 GLEN GARRY DR
ASPEN, CO 81611
ASPEN, CO 81611
HALL KURT C & ANNE
HOROWITZ MARTIN
12612 WHITE DEER DR
57 GREY TALON CT
LITTLETON, CO 80127
ASPEN, CO 81611
MILLER LESLIE & DAVID
DODGE BEN & FIANCEE
PO BOX 10431
35 GREY TALON
ASPEN, CO 81612
ASPEN, CO 81611
ARESTY JAMES
CHURCH OF JESUS CHRIST OF LDS
4455 MILTARY TRAIL #201
50 E NORTH TEMPLE 22ND FL
JUPITER, FL 33458
SALT LAKE CITY, UT 84150
DOREMUS ANDREW J & JEANNE C
85 GLEN GARRY DR
ASPEN, CO 81611
FRAMPTON GEORGE T JR
1201 PENNSYLVANIA AVE NW *1115
WASHINGTON, DC 200042410
BRADFORD DEBORAH
45 GLEN EAGLES DR
ASPEN, CO 81611
ASPEN SCHOOL DISTRICT NO 1 RE
0235 HIGH SCHOOL RD
ASPEN, CO 81611
RA FIVE TREES LLC
PO BOX 7
CANADIAN, TX 79014
---------- Forwarded message ----------
From: Joanna Schaffner <joanna.schaffner@pitkincounty.com>
Date: Wed, Jun 17, 2015 at 8:48 AM
Subject: Re: 115 Glen Eagles
To: Julie Schlafer <juliewschlafer@me.com>, Doug Rager <ragerarchitect@gmail.com>
Hi Again,
I finished my review of this convoluted file and am ready to discuss. I was hoping Doug could come in
to see me this morning or sometime tomorrow. In a nut shell, I believe that you have been approved for
6,162 sq ft of floor area (based on a survey representing a lot size of 47,404 sq ft) plus a 750 sq ft
garage, plus the 864 sq ft below grade area. This represents 7,776 sq ft of floor area exempt from
Growth Management. I'm less concerned about which portions of the structure you get to keep vs demo
as long as in the end everything is permitted as part of the redevelopment and no additional gross floor
area has been added. Does this work for you?
Joanna
IJ(
PITIQN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970)920-5526 FAX#(970)920-5439
November 30, 2015
Douglas Rager
1780 Snowmass Creek Road
Aspen, CO 81654
raeerarchitect(n�emai Lcom
Re: Barsim LLC Activity Envelope and Site Plan Review
(PID #2735-142-01-005; Case # P088-15)
Dear Mr. Rager.
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 December 10, 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 Department by the I I" day of January, 2016. 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 25" day of December, 2015, which is at least fifteen (15) days prior to January 11, 2016. This must be
submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
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: Aspen Fire Department
Aspen Highlands Homeowners Association
FROM: Mike Kraemer, Community Development Department
Micheal. kaemer@pitkincounty.com
Re: Barsim LLC Activity Envelope and Site Plan Review
(PID 2735-142-01-005; Case P088-15)
DATE: November 30, 2015
Attached for your review and comments are materials for an application submitted by Barsim LLC. The Pitkin
County Community Development Director will review the application.
Please return your comments to me by Monday, January 11, 2016.
hfti)://Pjtkincounty.com/DocumentCenterNiew/6847
If you require a paper copy of this application contact Bonnie Shiles atbonnie.shiles0i)itkincountv.com or 920-
5109.
Thankyou
PITKIN OUNTY COMMUNITY DEVELOMENT
Permit Receipt
RECEIPT NUMBER 00039378
Name: BARSIM LLC Date:11/20/2015
Project Address: 115 GLEN EAGLES DR
Type: check # 1178
Permit Number Fee Description
0088.2015.PLAN PP- Flat Fee
0088.2015.PLAN PP- Public Notice Fee
Total:
Amount
3,900.00
54.00
3,954.00
PLATS
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RECEF ION No, 1n9394
2735-142n-tUUS
THIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN REVIEWED AND APPROVED BY
THE COMMUNITY DEVELOPMENT DIRECTOR,
PURSUANT DETERMINATION, O
RECO,r .
�, air . � � � : ,a �
PITKIN COUNTY COMMUNITY DEME OPMENT DIRECTOR
THIS BARSIM LLC ACTIVITY ENVELOPE AND SITE PLAN
HAS SEEN ACCEPTED FOR RECORDING IN THE OFFICE OF THE CLERK AND
RECORDER OF PITKIN COUNTY COLORADO THIS c� I DAY OF
_r , 2016 IN PLAT BOOK AT PACE
AS RECEPTI N #
TrIdIal® t ,1
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CLERK
RECEPTION#: 626466, 01/21/2016 at
12:10:56 PM, 1 OF 1, R $11.00 =mice K,
Vass Caudill, Pitkin County, CO
PLAT BK 113 PG 43
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ACTIVITY ENVELOPE & SITE PLAN
SC:AI F• 1" - 9171'
PLAN NORTH
TRUE NORTH
TO 15A' ALT
Barsim LLC VICINITY
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REVISIONS
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Date:
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Scale:
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Plotted On: 1/20/2016 11:43 AM