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Please See Building and Land Use Approvals Files for additional information
L
. ASPEN*PITKIN
ENVI NMENTAL HEALTH DEPA MEN1
2643 -ORI -oo -oog
INDIVIDUAL SEWAGE DISPOSAL PERMIT NO. gU OQ 2�
�TYYPE OF PERMIT:
m In(tlal Construction ( )Emergency Use
/ or installation
( )Use Permit as a result of Salo
ISSUED TO:
Owner
Mailing
Address
1 )Repair Work,(Pravious Permit I .) f )Alteration of an existing ayatem,
(Previous Permit 1 ,)
( )Other,p'
DATE OF ISSUE'� a
Phone .s-- Business Phone
Agent.
JiMUNWAR,
Address
Sewage Disposal System Work to be performed
This permit valid only for premises location by the following legal deserlptiontA ems- lAis e -Toys e LIJ .
LOT SIZE ;?=IQ3J RC S , NATER SUPPLY �(�(— AVERA`GGEE, PERCOLATION RATE/ r/I�f�-�t`7MPr
This Individual Scwago Disposal Permit is granted with regard to the following uses
Numboroft Bodreoms Lofts—�_ Garbage Disposals_ Dishwashers Clothes Hashers
CALCULATED AVERAGE DAILY WASTE LOAD GALLONS.
THE NATURE OF THE SYSTEM INCLUDED UNDER THIS PERMIT:
Tyne of Tank or Treatment Unitsscr f� 1'44 `
156700,46FM.:thod of Final Disposals 156700,46F� Absorptiog
Description (including brand name, if any) of other equipment or•appurtnancess
/ 0 fic
Tank Capacity7570 Gallon Hinlmum
Area bySquare Peat Minimum
Conditions or Specificationst
REV 7z eE M;TAL-� 440 DEFPF/e 7MI 2 'z `EFr
BEl0t� -7WF
STAGES REQUIRING INSPECTION BY THE HEALTH DEPARTMENT:
1 )Before Excavation ( )Upon completion of excavation and prior to placement of gravelBefore covering distribution
A/\ ayatem of absorption field
(%prior to backfill of any component ( lOcher, speeifys
Plans and specifications of the proposed sewage disposal system have been reviewed and are comidcred satisfactory. Pemtnnlon
i. htTchy granted to ti,,,owner or his agent. to pew
rform the ork indicated ahnc
ve in accordance with the Pitkin County lmlividual
Sewa;e Uinpesal Re,nilations in etfect on the date of issue. In addition to general provisions act forth on the reverse ):ci ce i,
this Permit is subject to the following additional terns and conditions: -
APPROVED FOR ISSUE BY (title)
n � b
The abnve initvldual .evaga disposal system Installed by ' I(.7Gt�p/IL
hr,. b, -en in yhwted for ane try a represen L.tt ive eI the Asl:en —111K n _ovine';, nIi 14•a ltl—Itp rtmcnt. Th.f uwnur assatal a
rv.twns:bLlily In case of failure or Lnad"uacy of this aewm)u dis'poosb� .�"Aceta. Complete as -built Orbiting attached.
DATE01' NAL 1MiSPIi ;1
i IC.J� By. _� _ "TT" TI'11.L•'
g O'South �IOalane.'AStliaist Aspenr
, 0oloado 898'H 3 /925-2020aJ1I�(L, &I, 'M �
ASPEN&PITKIN
ENVI NMENTAL HEALTH DEPA MENT
APPLICATION FOR AN INDIVIDUAL SEW/AGE DISPOSAL- PERMIT
'I
Name of OWNER � S//rL;✓G��I ' PHONE
Address of OWNER /. C I x 102-
9
Name of APPLICANT ��� �I�CiY �Y PHONE
PERMIT TO BE: D")Picked Up ( )Mailed tot
TYPE OF PERMIT: �/JNew Installation
(
)Repair
(40wnsr ( )Applicant
( )Emergency Use
(
)Alteration NOT due to failure
LOCATION OF PROPOSED SYSTEM:
Legal Description -
/
Lot Block tiling
Subdivision
Sire of Lat
acres
TYPEOFSTRUCTURE: ( )Single Family Dwelling (
)Other: Do you plan
any
further additicns
to the
residence?
( )YES )NO
No. of bedrooms— No. of Lofts _ No. of
Garbage Disposals No. of Automatic
Dishwashers
1V
No. of Automatic Clothes Washers
NATER SUPPLY: ( )Private Well, Depth
or ( )Public, Name of System'
( )Spring
( )Stream or Creek
TYPES OF INDIVIDUAL SEWAGE DISPOSAL SYSTEM PROPOSED: '
Septic Tank/Absorption Field 1 )Aeration Plant/Absorption Field ( )Composting Toilet ( )Incineration Toilet ( )Mound
l Recycling, potable use ( )Recycling, other use ( )Vault Privy ( )Other,
The initial site inspection must be arranged with the Aspen/Pitkin Environmental Health Department (925-2020, 8:30-9:30 a.m.)
before a permit can be issued. The Individual sewage disposal permit must, be -issued before a building permit can be obtained.
FINAL INSPECTION APPROVAL MUST BE GIVEN BY THE ASPEN/PITKIN ENVIRONMENTAL HEALTH DEPARTMENT PRIOR TO BACKFILLING ANY PORTION
OF THE SYSTEM.
Application for an individual sewage disposal permit is hereby submitted. The undersigned acknowledges that the above information
As true and that false lnformatiibn will n1�v lidat a applieati and any subsequent L permit.
Signature of Applicant 1:7—PS ` L1 .DATE —/(, —C/U
(This •pplie tion becomes. invalid 12 months from. the above date.)
NOTE: PLOT PLAN must be filed with this application.
Please locate the following items by measured distances:
1. Property lines and dimensions.
2. Proposed and existing water wells on subject property and
adjacent property.
3. Domestic water service lines.
!. Proposed and existing buildings, driveways, and other
structures.
S. Streams, lakes, ponds, irrigation ditches, and other water
courses.
6. Proposed and existing individual sewage systems on subject
property.
SUBMIT A REVISED PLOT PLAN PRIOR TO CONSTRUCTION IF INSTALLATION IS TO
BE CHANGED FROM ORIGINAL PLAN.
She un ergsI bn j Lereby acknowledges receipt of this individual sewage disposal permit application
/pp) c tion and a permit,1(ea in the amount
of S O I Receipt Number Date Fee Received � 6 �� .by �
Adminla ist trativo Officer
1.
D( 130' South Galena Street Aspen, Colorado 61611 303/925-2020
4e�/3-
ASP jIkh$PITKIN •
ENVIRONMENTAL HEALTH DEPARTMENT
MEMORANDUM
TO: Collette Penne, Planning Office
FROM: Bob Nelson, Environmental Health Officer
DATE: April 21, 1981
RE: Gidley Additional Dwelling Unit - Special Review
This office has reviewed the above application for the proposed
additional dwelling unit and finds that the application satisfies
the major Land Use Code Regulations regarding water supply and
sewage disposal. Except where noted, this proposal meets the
requirements of this Department, and we have no problem with
granting approval.
I. Water Supply
Mr. Gidley has presented a statement from the Golden Eagle Drilling
Corporation indicating a well yield of approximately 20 gallons/
minute. It is the opinion of this office that with proper distri-
bution line construction and pressure tank size that the quantity
would be sufficient to serve two dwelling units. The applicant
has yet to demonstrate that the quality of the well water conforms
to bacteriological and chemical standards of the PrimaryDrinking
Water Re ulations of the State of Colorado. This s—Tioule one
t9 con orm to Section 5-205 of the Pit in County Land Use Code.
II. Sewage Disposal
This department has conducted percolation tests and issued a
permit for the construction of an individual sewage disposal
system consisting of a 1,250 gallon septic tank and 1,320
square feet of absorption bed adequate to serve the one -bedroom
caretaker unit under construction and the proposed three-bedroom
house. We find the location as proposed on the plat maps in
conformance with the minimum distances required from the components
of the proposed sewage disposal system to pertinent physical
features (e.g. well, foundation, irrigation ditch, etc.) and as
required by the Pitkin. County Regulations.
III. Environmental Impacts
We find no additional significant impacts presented at this time.
130 South Galena Street Aspen, Colorado 81611
303/925-2020
--
DELI
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FUTURE
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*04�_O
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��- EASEMENT FROM
ROAP 4S 3U1L�T TO �� �V4700$W 20.93
ARvP l? ,700Y 5, Fr.
W : TN
IDE SC.P/ PT/ON PZAT
Z44 1
0
P:XHlbrf "A" ATTACNRO AND MADE A PART HEREOF:
4, The land referred to in 010 COMM MMIL Is describod as follows:
All that portion of Section 8, Township 9 South, Range 05 West of the
6th Principal Meridian, described as follows:
UE•GINNING AT A POINT (corner of Parcels VI and VII) whence the North
quarter Section 8, Township 9 South, Range 85 West of the 6th Principal
Meridian (a granite rock found in place) bears North 23°09'20" West
814.87 feet and the witness corner to the Northeast corner Section 8
Township 9 South, Range 85 West of the 6th Principal Meriden (a brass
cap found in place) bears North 60°29'10" East 2713.05 feet;
thence South 47°03' East 420.58 feet to a fence line;
thence North 64°56' Fast 36.84 feet along a fence line;
thence North 32°36' East 54.80 feet along a fence line;
thence North 41°30' East 144.15 feet along a fence line to the South-
westerly right of way line of the D6RGW Railroad;
thence North 47°03' West 327.54 feet along the Railroad right of way
line;
thence South 64°50'41" West 250.20 feet more or less to the POINT OF
BEGINNING.
EXCEPTING THEREFROM, a strip of land 20 feet in width lying Southwesterly
of and adjacent to the Southwesterly line of the D&RGW Railroad right of
way.
I i
COUNTY OF PITKIN, STATE OF COLORADO
Ln
Cj'o%Qeyz �a�y�e $� eoiifz.
BONDED LICENSED INSURED N2 1829
BOX 475 FRISCO, COLORADO -80443
DATE Yzrrh 3n, 1977
—_ YT.. Gary niAI ry_
Box M 3, Aspin, Colo. 81611
LOCATION
- TOTAL
Application must
be complete where
applicable. Type or
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
CO"ADO DIVISION OF WATER RESOUES
101 C bine Bldg., 1845 'Shermad St., Denver, Colo 80203
PERMIT APPLICATION FORM
( ) A PERMIT TO USE GROUNDWATER
\N) A PERMIT TO CONSTRUCT A WELL
FOR: 1v) A PERMIT TO INSTALL A PUMP
(1) APPLICANT - mailing address
( )REPLACEMENT FOR NO
( )OTHER
NAME �'7-C°iC-f �7 I C1F_CR
CITY
�r (state) (Zip)
TELEPHONE NO
(2) LOCATION OF PROPOSED WELL
County P I t k (lam^ ,
A/,yV /. of the C Y., Section
Twp, .9 IS _, Ring. _ VAZ, 60 P.M
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm)
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated: L £S,{' Tiyow�
Proposed total depth (feet): 7,5-
Aquifer
.SAquifer ground water is to be obtained from:
"OL L ., �1 J M
Owner's well designation
GROUND WATER TO BE USED FOR:
( 1 HOUSEHOLD USE ONLY -no irrigation (0)
>6 DOMESTIC (1) ( 1 INDUSTRIAL (5)
( ) LIVESTOCK (2) - ( ) IRRIGATION (6)
( ) COMMERCIAL (4) ( 1 MUNICIPAL (8)
( ) OTHER (9)
(4) DRILLER
Name _iX2zeo • r 0112 /1t 1 A;i
Street
City�io�PBp,✓ Q9p 510
aTnlephnna No. 1S -V /C/V - LIr.. No..
RECEIVED
APP 11 '75
WAIER RESOURCES
SLATE ENGMEER
001.0,
FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
Receipt No. 6 0-7— 6 V /
Basan T_ Dist.
CONDITIONS OF APPROVAL
This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit dogs not assure the applicant
that no injury will occur to another vested water
right or preclude another owner of a vested water
right from seeking relief in a civil court action.
APPROVED FOR DOMESTIC USE, INCLUDING THE
IRRIGATION OF NOT OVER ONE ACRE OF HOME
GARDENS A11D LAWNS.
q
APPLICATION APPROVED
PEP."AIT NUMBER 7877 v
DATE ISSUED APR 211975
EXPIRA,��AT APR 21 1V7
1?Y—LYS^-Pc'2� (g_AT IN—
cr):)NTV
Il/
1
is �
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute fgpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(6)
by distances from section lines.
R/� f!1 1sec.line
/ s,
` ft. from of-
/ �' ;3� � p (north of • .:`s
t. from �1P$[ysec. line
least or west) '
LOT BLOCK FILING a -
•�
HE LOCATION
OF THE PRIMFOSED
WELL•and thearea on
r swhich the water will be used must be indicated on the diagram below.
Use the CENTER SECTION
0 section, 640 acres) for the well location.
No. of acres A C",J •}. Will this
be
the only well on this tract?
(8)PROPOSED CASING PROGRAM
i
!-4
1--1MILE,
5280 FEET —
->I
ft.
I
--in. from ft. to
ft.
in. from ft. to
ft.
I
— —
I
NORTH SECTION LINE
I
—
+ —
I
I
VV 7 LU
�NORTH4-
— +
+mD
+
.i -
Z
N
J
I
O
I
I
m
m
1
I
U
A
J
ti
I
Z
I
I
I
I
I
I
SOUTH SECTION LINE
{-
+
+
+ ( -t-
+
-(-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) ... 449 gallons per minute fgpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot ... 43,560 cubic feet ... 325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(6)
by distances from section lines.
R/� f!1 1sec.line
/ s,
` ft. from of-
/ �' ;3� � p (north of • .:`s
t. from �1P$[ysec. line
least or west) '
LOT BLOCK FILING a -
•�
- ) A
SUBDIVISION N
(7) TRACT ON WHICH WELL WILL BE
LOCATED
No. of acres A C",J •}. Will this
be
the only well on this tract?
(8)PROPOSED CASING PROGRAM
Plain Casing
to f in. from —Q_ft. to ePlb
it.
in. from ft. to
ft.
Perforated casing
--in. from ft. to
ft.
in. from ft. to
ft.
(9) FOR -REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
it:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): 1 No. of acres: 2. 0 C,
Legal description: iii O £'SG2l1T/D�✓ " "'
(11) DETAILED DESCRIPTION of the use of ground water:
I70y3Y•N��v_ *' T ���.t.ti /a�+J�—GA.eQ.<nr�C-/alF�'T'�w�y
09161) ne
(12) OTHER WATER RIGHTS used on this land, including wells.
�j Type or right Used for (purpose) Description of land on which used
—f�✓J¢ STI_-�r��1T�=
(13) THE PLICAN S) STATE(S) THAT THE INFOKMA I ILIN St I t-uh I r1 rt ttl tvlN IJ
TR7 TO BEST04F HIS KNOWLEDGE,
T(S)
1
• ASPEN*PITKIN
ENVIRON7MENTAL
F3RY:I " FL'kIB R 8/06 / --
O%vre r
4j6y3, -cc--ooh
HEALTH DEPARTMENT
RECEIPT NUS'. ER
Prone ":o.
Ow-,,."
' _
er s Viailing Adcress
0
Contractor_ Phone No.
Addreas
System's Cotitracto-r"s Nanip
Address
Legal. eseri.ption
W c- ce-7 /0 Al
Lot Sizc0i6A(?,Iw"S Type of Building by U
Number of Bedrooma� Type of Water Supply /
m
Owner's Signature Date_Z=_
PLOT PLAN: ATTAC' AS nim D
F`r
Type of Individual Sewage Disposal System . 7'1C- 7i9�/iC - XBSO,F/7-10AIEct)
Type of Soil or Soil. Classi'_icatior. � LT &11Y Te> f%LL%J(%/l�Ni 6CIM
Proximal Locat ion of Bedrock /lr�t 1 �E i t ,C/L 1,%je i) - ("Rv 1ATE P 7 +) R
Proxima]. ,eca.ti.on of Ctroiind -via ter Table we
FT
jl,tek�:F 1c#%<#�kYPercolationTest
hate "� -0 Mivates—P I MinimumRecommended Absorption stem Size�
Isinimuri Recoi::mended Tank Size 1250 CAl-LOAI
Special Conditions of Issue: \
NEui RFq&)lArAl itiTS
N11, L APP[ Y (2900 0 of 7RFA/ erEs)
R�:•V
Nonce
en propuly alpned Mr !a:'.:a-•:a, I,
becomes your Po-n•IL nPollra8nr. c.,l:d .:n:..
date. If eL Indlaldue, 7"d Cul:".. :
for properrr on anach no hu'd];n7 Pern.: '.,. .
Issued, Th. .ndrridual rcW,9e C"W"nl Vnr,
exp" 120 days atter its ,,w.
u4ct.,
not hoar cpmn:nc ad. pny char,a In hens cr cc+ci-
ficatlOnf efter the permit hoe btan Ia[➢+p !•�a+uJ�le^r
The rarmlt, nj"s eop,a+s7 Is eat .'ad from tha':aaP^
Officer '.Or sudh chanpas.
Approved for Issuance Bye/ Date��0
######ac#4W #fe�t:it'k##+#••t �r>Ir t*l it lk#iii#t##!k�'sX::yt*k$#acyt#x######$at Ht*+t*#xa: at#xi:.k :it##
f Incl. INSUs 'i 10Yi API RUVAL
(Drawing of System or 3ic::) ; P.B.3.D. 6/80
Date
130 South Galeria Street Aepers Colorado 81611 303/925-2020
0 COLORADO DEPARTMENT OF HEALTH*
DIVISION OF ENGINEERING AND SANITATION
A C T I V I T Y R E P O R T
Section `)ATEk QUALITY
FILE REFERENCE: /Y6AfftIpIT
Code 13
/�
County Talpm
INDIVIDUAL OR (�
ESTABLISHMENT: PAT
ADDRESS: AoDY 0,efEC &-ooeADO
NARRATIVE:
F1;LV 9q WC REc EivEO A 1�01VPZA/rr AEGA.PO/NG 7llE
OF 1Aa40l>/S,y SED1NCWT- 7a T,yE STirre- G(,1ATE•PS
FROM,4�'T/V/Ty Of X,111141C OdE-e A.1 IfWSS iOM-0.
-&VEST1c"-T1,0 l AM61 LEQ 7i/4T Tf%E SED1AMA- I M.4!S
5�SFIE�IDFO I� ilA! iAP/GATio.0 -Pe-rdWAv j,., ) 0Ve.<
fU/ fl)eEA `Z00,0 IaIGATTD G1/TH Tf/E 671MEYACCf
s'
/QDAD 771&(16#771&(16#/T G�HEN THE iPOf1D G Os D,e/dEA/l�p "3 l
iol
MM -f /,r/A's 11,44e6Q 141ee461qSE 1A1 7?1W 1,0/T"Y
/A/ Tiff 1f14 TES U)HC,er /T 1,Cr7-1, e t/S TO %fiF
S-r)eE?9M SySTFivJ A-71-i`DC/G,y 72WSS
SECAE.Jr AIWS-7 FL0&45 7?1WOd6311 i✓G-FED
P640, 7&A7- /oo.d0A//LL/A/a DDvBj TieE.9T AA0
�/rJadE <�6ME of 7,- SEP/,4lFi/7 C!otiAt�E��tTio4l
-DOE To S 7'TUm/e AAW '/ UT/ oN $EF0.2E Pl-V ff4
-P `rttE- koARIWC Lae, 11/Z ..S AI Es eo��c
(SFE S -E?eN o�/ THr< dE,eS�)�T/a -DoC(�•�-t6APr-
$FFoeE 4410 AFre�e eMj0/T/fit . NO STATE UDRT ie
nVAu Ty RE -CU ATIoAJS PE -k rAI j
OTHER RECOMMENDATIONS:
C-QAAJTF13 Tb G UE -j!
DATE:
ES: 7 (Rev. 6-70-100)
19 Q'7. REPRESENTATIVE:
s�
ro liver
is
%LORADO DEPARTMENT OF HEALTH •
CONSUMER PROTECTION DIVISION
A C T I V I T Y R E P O R T
FILE REFERENCE:
INDIVIDUAL OR 4
ESTABLISHMENT: AK.y
ADDRESS:
Code 1.22-
County T" MAJ
NARRATIVE:
& 1z�9��6 GiDCEy e/1ME /AITO 7 -HE o),F/c'& Ta iPES��vE THE /°•Qoy�F�iS>
OF OSA/1(J/lt/G A &�erlrlc,47-E of OC'C�PA.veY. 1/E IS GETTinW �idae�EQ
NAS11TToEEN01VooEiSa�1E fAlVO
DOA/e. f/E GUS
D! D fJ0/LI/T O���J�Y/yG %HE S'T,PU�TU.QE.
T ACQ UTED TIMI- Af - aJelTE (JS X 4E77 -Ce
(%S�G�f%/O �f/AS%EGC/flT�,e (AfO /1)AI IW4, IOTC4e S10C 6CIA%G AT iiYE
fiTHG is �%4�B ooKiNCT cAl THE ae/LL cl� 61-471W&IAIAEs7-Av�dm
P�TTE,enls, ,�EcorsfylF�r/DEfJ i�.gTlf
AAlD Tf/� G'lOZFy If �E�tl&-57- loD/`/e447io1r/ To 1`1/S A!.eM rT
-To PNAsF �E sE�e 5Ys72�1,1-1141/ Is�c«ITio v, 1N THS
MEA�iME r #6E /�IeWZ C TO/Ze!�T A/o GIJATE e _c4)1,yL Xe / 1Uo 1Y1A111 6
QecvPANCY -7700 DoC5 A or APAE;9R 7a &-6AlST/TUT6-'X AC41-TN
07WD ,
LETTER TO FOLLOW: OTHER RECOPAIENDATIONS: O S
Err► n Ep
DATE: L 19,. REPRESENTATIVE:
Das:7 (11/79) - `
OLORADO DEPARTMENT OF HEALTH •
CONSUMER PROTECTION DIVISION
A C T I V I T Y R E P 0 R T
FILE REFERENCE: S D
INDIVIDUAL OR
ESTABLISHMENT: Guy
ADDRESS:
Code I y _
County 5%
NARRATIVE:
SPOKE To 611)1-Fy b0110 S%ftTEO -%J.9T ff0 f!�D
P61WOOS-Fo /I N&&i'�DWl 11V 100�41Y 674-El�l AA10//7✓�47
Tff� ST,PUG7 iJeE IS lVo 1-DNcz,e O6!IJP/��
#6- / Ili 6nlDs To sFY-,"- THis
Ivea,11 Y) Tti" T 7�/c 1�iT
LETTER TO FOLLOW: ( ) OTHER RECOMMENDATIONS:
Iy
DATE: la:z , 19,�Z. REPRESENTATIVE:
Q)8:7 (11/791-
January 13, 1986
Mr. Gary Gidley
P.O. Box M-3
Aspen, CO 81612
Re: 1335 River Road
Dear Gary:
On March 23, 1981, Permit 3111 was issued to you for the
construction of a caretaker unit at the referenced location. The
last inspection done by this office was a footing inspection that
was rejected June 8, 1981. Building Permit 7693 was issued April
12, 1985, as a renewal for Permit 3111 so that work may continue
on the project. However, our records do not show that a footing
reinspection was ever requested.
Per Section 302(d) of the 1976 Uniform Building Code, "Every
permit issued by the Building Official under the provisions of
this Code shall expire by limitation and become null and void, if
the building or work authorized by such permit is not commenced
within 120 days from the date of such permit, or if the buildin¢
Before such work can be recommenced a new permit shall be first
obtained so to do, and the fee therefor shall be one-half the
amount required for a new permit for such work, provided no
changes have been made or will be made in the original plans and
specifications for such work; and provided, further, that such
suspension or abandonment has not exceeded one year." It has
clearly been in excess of 120 days since the renewal of the
construction permit and we have not had any requests for a
reinspection of the rejected footing inspection.
off ices:
517 East Hopkins Avenue
Aspen, Colorado 61611
303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
ASPEN*PITKIN%EGIONAL
BUILOAG
DEPARTMENT
January 13, 1986
Mr. Gary Gidley
P.O. Box M-3
Aspen, CO 81612
Re: 1335 River Road
Dear Gary:
On March 23, 1981, Permit 3111 was issued to you for the
construction of a caretaker unit at the referenced location. The
last inspection done by this office was a footing inspection that
was rejected June 8, 1981. Building Permit 7693 was issued April
12, 1985, as a renewal for Permit 3111 so that work may continue
on the project. However, our records do not show that a footing
reinspection was ever requested.
Per Section 302(d) of the 1976 Uniform Building Code, "Every
permit issued by the Building Official under the provisions of
this Code shall expire by limitation and become null and void, if
the building or work authorized by such permit is not commenced
within 120 days from the date of such permit, or if the buildin¢
Before such work can be recommenced a new permit shall be first
obtained so to do, and the fee therefor shall be one-half the
amount required for a new permit for such work, provided no
changes have been made or will be made in the original plans and
specifications for such work; and provided, further, that such
suspension or abandonment has not exceeded one year." It has
clearly been in excess of 120 days since the renewal of the
construction permit and we have not had any requests for a
reinspection of the rejected footing inspection.
off ices:
517 East Hopkins Avenue
Aspen, Colorado 61611
303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
ASPEN♦PITKIN%EGIONAL BUILDIOG DEPARTMENT
Mr. Gary Gidley
January 13, 1986
Page 2
Please be aware that the Electrical Permit 5281 has also expired
due to the fact that it has been over a year since issuance and
no inspections have been requested for this permit. Therefore,
this office requests that you contact us within ten (10) days
from the date of this letter regarding the status of this job.
Also, the septic permit issued by the Environmental Health Office
has expired and you should contact Bob Nelson, of that office, to
discuss what actions you should take regarding that. His
telephone number is 925-2020. Thank you for your attention to
this matter and we look forward to hearing from you.
Sincerely,
Audrey Richman
Administrative Assistant
cc: Jim Wilson, Chief Building Official
Patsy Newbury, Zoning Official
Bob Nelson, Environmental Health
/ar
offices:
517 East Hopkins Avenue
Aspen, Colorado 61611
303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 61611
/ .•
(Y
1
DISTRICT COURT, PITKIN COUNTY, COLORADO
2
Case No. 81 CV 360
3
-----------------------------------------------------------
4
REPORTER'S TRANSCRIPT
5
-----------------------------------------------------------
6
JAMES P. FOX,
7
Plaintiff,
8
vs.'
9
G. GARY GIDLEY, et al.,
10
Defendants.
11
-----------------------------------------------------------
12
The hearing in this matter commenced on Thursday,
13
October 10, 1985, before the HONORABLE GAVIN D. LITWILLER,
14
Judge of the District Court.
15
16
APPEARA14CES:
17
FOR THE PLAINTIFF: Patrick Fox, Pro Se
18
FOR THE DEFENDANTS: Barry D. Edwards, Reg. No. 6917
19
20
21
22
23
C
24
25
(p
�C'lxea T�Ocvxt �e�hcvxGin�
' �
2
1 (Whereupon, the following proceedings were had and
2 entered of record:)
3 (Opening remarks of the Court and Attorney Edwards
4 were made and reported but are not here transcribed pursuant to
5 direction of ordering party.)
6 THE COURT: Air. Gidley, would you stand and be sworn?
7 G. GARY GIDLEY,
8 called as a witness on behalf of the plaintiff, having been first
9 duly sworn, testified as follows:
10 I THE COURT: Would you have a seat at the end of the
11 Mable, there.
12 DIRECT EXAIAINATION
C13 BY MR. FOX:
14 Q Would you please state your name for the court record,
15 please?
16 A Gary Gidley.
17 Q And you reside at?
18 A 1335 WoodyCreekRoad, or River Road, whatever it's
19 called on there. -"� .c ay tkcy -to-ft uo e L
20 Q Mr. Gidley, you were present at the hearing for
21 temporary restraining order?
22
A
Yes,
I was.
23
Q
Did
you hear the order?
24
A
Yes.
I read it.
25
Q
You
did later read this order?
ASPEN*PITKIN•REGIDNAL BUILDING
Mr. Gary Gidley
P.O. Box M-3
Aspen, CO 81612
Dear Gary:
DEPARTMENT
January 29, 1986
REGISTERED MAIL
I=
1335 River Road
On January 13, 1986, a letter was sent to you requesting
information on the status of the referenced project. Since this
office has received no reply from you, it is assumed that the
project has been abandoned and your permits, Building Permit
*7693 and Electrical Permit #5281, have been expired. Before
work can recommence new permits must be obtained.
This office has received a complaint that you are living in the
unfinished structure. Please be aware of Article 2-6, Title VII,
of the Pitkin County Land Use Code, which states, "Use or
Occupancy. No building or structure of Groups A through R
(Division 3 Occupancies) shall be used or occupied, and no change
in the existing occupancy classification of a building or
structure or portion thereof shall be made until the Building
Official has issued a Certificate of Occupancy therefor as
provided herein."
The penalty involved when in violation of the regulations is
stated in Article 18-3.2(b), Title II, of the Pitkin County Land
Use Code, which reads, "It is unlawful to erect, construct,
reconstruct, alter, maintain or use any building or structure or
to use any land in violation of any regulation in, or of any
provisions of, any zoning or general regulations of this Code or
any amendments thereto. Any person, firm, or corporation
violating any such regulation, provision, or amendment is guilty
of a misdemeanor and upon conviction thereof, shall be punished
by a fine of not more than one hundred dollars ($100.00), or by
imprisonment in the County jail for not more than ten days, or by
both such fine and imprisonment. Each day during which such
illegal erection, construction, reconstruction, alteration,
maintenance, or use continues shall be deemed a separate
offense...."
offices:
517 East Hopkins Avenue
f Aspen, Colorado 61611
/
303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
ASPEN*PITKIN%EGIONAL BUILDIOG DEPARTMENT
Mr. Gary Gidley
January 29, 1986
Page 2
You are hereby prohibited from occupying the dwelling unit
described on Building Permit #7693, issued on April 12, 1985,
until said structure is found to comply with the provisions of
applicable codes.
This office requests that you contact us within ten (10) days
from the date of this letter to verify the status at 1335 River
Road. Your immediate attention to this will be greatly
appreciated.
Pce
erelyWilson
Chief Building Official
cc: Patsy Newbury, Zoning Official
VITob Nelson, Environmental Health
offices:
517 East Hopkins Avenue
Aspen, Colorado 61611
go
303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 61611
7Htz���
April 2i{, 1986
George Gary Gidley
Box M-3
Aspen, Colo.81612
Dear Mr. Gidley,
This letter is again your LEGAL NOTICE that I
am extending my NOTICE that I had mailed to you August
25, 1983; wherein, I set my intentions to erect legal
fencing and gating upon our mutual property line. A
copy of this letter is enclosed for your review.
Because of the difficulties that I have incurred
in the erection of this fencing and gating; your rock
berm encroachments, your partially erected fencing
within inches of the mutual property line and the
contested issues of the recently settled Case 81CV3609
you have made it impossible for me to erect a legal
fence upon our mutual property line. I again request /
that you immediately remove this rock berm encroachment
and your partially erected fence. You are welcome to
help me erect this lawful fence pursuant to C.R.S.1'73"
35-46-101 et al., and if you choose not too, I intend
to send you a billing for your 2 half share of the
expenses of this said fence. These expenses shall
include my time as the general contractor for this
fence and shall be charged out at $20.00/ hour; which,
will include the;times from the inception of the
attempted erection of this fence and all direct and
indirect costs.
This letter is again to renew my intention as set
in the letter dated, September 279 1983; and to also
inform you, that I intend to clean out and mainteneance
that section of Walthen Ditch and Lateral that
transverses your land parcel within the next month
pursuant to the STIPULATION OF SETTLEMENT, Case 81CV360.
LETTER ENCLOSED.
This letter is to inform you that pursuant to the
STIPULATION OF SETTLEMENT you are required to deliver
the SAME QUANITY OF WATER at the Fox-Gidley property
line. I herein declare that the silted in culverts
that you have improperly installed within the Walthen
Ditchway one of which is pointing uphill and all of
which are silted in between 4 to 7" inches, is not and
will not deliver, the SAME QUANITY OF WATER at the Fbx-
Gidley property line. SEE FLUDICS BY FOX.
a1 1.
This letter is to inform you, 7Ir. Gidley, and
becomes your NOTICE that you are again trespassing upon
Patrick Fbx's land parcel and have worn a trespass rut
of between 15 and 201 feet by your vehicle encroachment
upon the Patrick Fbx land parcel as you enter your
land parcel. I herein request that you immediately
cease this trespass and repair the rut with appropriate
fill and grass seed. If this is not done immediately
I shall pursuant to the STIPULATION OF SETTLEMENT
T
request an ORDER TO SHOW CAUSE, why if any, you should
not be held in CONTE14PT OF COURT for this STIPULATION
TRESPASS VIOLATION; which also, annoys, bothers,
harasses and breaches the peace of Patrick Fox.
This letter is to inform you and becomes your
NOTICE that you are still in violation of multiple
Pitkin County Codes and Uniform Building Codes; which
are as follows: Pitkin County Code', LAND USE -TITLE Il,
Article 5 -General Regulation', 5-1-101 DraLnage, 5-102
Erosion, 5-202 Road. -Design & Construction, 5-104
Compatibility With Agricultural Operations', 5-105
Scenic, Article 1-2. Standards for Review of Applications',
Pitkin County Code -TITLE X -SEWAGE REGULATIONS, Pitkin
County Code -TITLE VII -BUILDING REGULATIONS(Occuancy),
Pitkin County Code LAND USE -TITLE II(AMENDI,IENTS5 and the
UNIFORM BUILDING CODE -CHAPTER 70. You are still in
violation of all the above even after the Building
Department own CEASE & DESIST letter sent to you by
certified mail dated, January 29, 1986, signed by
James J. Wilson, Chief Building Official. All these
above violations annoy, bother harrass and breach the
peace of Patrick Fox and if these conditions are not
corrected you will, pursuant to the STIPULATION OF
SETTLEMENT, be requested by ORDER TO SHOW CAUSE, why if
any, you should not be held in CONTEMPT OF COURT for
these STIPULATION -Pitkin County Code violations.
cc: Barry Edwards
600 East Hopkins -Suite 304
Aspen, Colo. 81611
Patrick�Fbl cc: Ninth Judicial District
Box 83--1298 Woody Creek Rd. Judge Litwiller
Wood �r Creek, Colo.81656
(303) 923-4979 cc: Maxwell Aley-Atty.
cc: Pitkin County Bldg. Dept. cc: Environmental Health
517 East Hopkins Ave. 130 South Galena
Aspen, Colo. 81611 Attn: Dunlop & Nelson
Attn: James J. Wilson -Chief Official
6jc: Pitkin County Attorney
506 East Main
o� a Aspen, Colo.81611
Attn: Gary Esary 2.
T�c�g�aD
April , 1986
7MAY1986
Pitkin County Building Department ENVIRONMENTAL HEALTH
517 East Hopkins Ave.
Aspen, Colo. 81611 ASPEN/PITKIN
Attn: James J. Wilson -Chief Building Official
Bill Drueding
Patsy Newbury �udre Richman
eggyy Severs
Dear Sirs,
I am curious to know how the Building Department
can renew a overall BUILDING PERMIT for Mr. Gidley
without first requiring him to be accountable for his
multiple Pitkin County Code, LAND USE -TITLE II,
Article 5-Genral Regulation, violations contained in
Article 5-101, 5-1029 5-2029 5-104 and 5-105 after
repeated COMPLAINTS by several neighbors?
I am curious to know how the Building Department
can renew a overall Building Permit for Mr. Gidley
without first requiring him to be accountable for his
TITLE X -SEWAGE REGULATIONS, TITLE VII -BUILDING REGULATIONS
and TITLE II -LAND USE CODE AMENDMENTS violations after
repeated C0I4PLAINTS by neighbors and contrary to the
Building Departments own Cease & Desist letter sent to
Mr. Gidley dated, January 299 1986, signed by James J.
Wilson, Chief Bldg. Official.
I am curious to know how the Building Department
can continue to allow Mr. Gidley to occuply his dwelling
in violations of all the above after these repeated
COIPLAINTS.
These COMPLAINTS are of record and are contained in
the minutes of the COD1MISSIONER'S MEETING -PUBLIC HEARING
GIDLEY ADDITIONAL DWELLING UNIT,, JULY 13, 1981, the
RECORD OF PROCEEDINGS, BOARD OF ADJUSTMENT, NOV. 290 1983.
REGULAR MEETING, the PITKIN COUNTY COMMISSIONERS LETTER
dated September 10, 19849 recorded in BOOK 4739 PAGE 143
and several other neighbor COMPLAINTS that are of
record.
Q3
Box 8
Woody
(303)
ighten mel
--1298 Woody
Creek, Colo.
923-4979
cc: Environmental Health
130 South Galens
Creek Rd. Aspen, Colo.81611
81656 Attn: Bob Nelson
Pitkin County Attorney
506 East Main
Aspen, Colo.81611
Attn: Gary Esary
1
Tuesday
April 29, 1986
Pitkin County Attorney
506 East I.1ain
Aspen, Colo. 81611
Attn: Gary Esary
Dear Mr. Esary
I herein request that you fully inform Mr. Gidley
and the Pitkin County Building Department of the laws
applicable to Gary Gidley's operations on his land
parcel and send me a letter of confirmation that you
have accomplished this task.
s �Qr
atrick Fbx
Pox 83--1298 Woody Creek Rd.
Woody Creek, Colo.81656
(303) 923-4979
enc: Gidley letter dated April 299 1986.
Building Department letter dated April 29v 1986.
Barry Edwards letter dated April 29, 1986.
cc: Pitkin County Building Dept. -James J. Wilson
Pitkin County Environmental Health Dept. -Dunlop-& Nelson
Ninth Judicial District -Judge Litwiller
Maxwell Aley-Attorney
a�
C,
Tuesday
April 29, 1986
Barry Edwards, Attorney
600 East Hopkins -Suite 304
!aspen, Colo. 81611
•
Dear I•Ir. Edwards,
I again request that you fully inform Mr. Gidley
of the applicable laws and Pitkin County Codes and
advise me by letter that you have accomplished this
task.
I'm sure, I do not have to inform you of your
ethical responsibilities, to inform your client of
his legal obligations.
Pt ,ck Fbx
Box_ 83--1298 Woody Creek Fid.
Woody Creek, Colo. 81656
enc: Gidley letter dated April 29, 1986
Building Department letter dated April 29, 1986
cc: Pitkin County Building Dept. -James J. Wilson
Pitkin County Attorney -Gary Esary
Environmental Health Dept. -Dunlop & Nelson
Ninth Judicial District -Judge Litwiller
Maxwell Aley-Attorney
a�
0 0
Tuesdayr
\°/
October 21, 1986 2 1986
Environmental Health
130 South Galena ENVIRONMENTAL HEALTH
Aspen, Colo. 81611 ASPEN/PITKIN
Attn: Bob Nelson
Dear Mr., Nelson,
This letter is specifically addressed in
reference to Mr. Gidley's ENVIRONMENTAL HEALTH
DEPARTMENT, PERMIT NUMBER 81007. RECEIPT NUMBER
34608; which has expired. Mr. Nelson, I recall the
placement of a Septic Tank in the ground by Mr.
Gidley; however, I do not recall that he ever started
an absorotion field. This fact has been qualified by
conversation that you have had with Mr. Gidley; and
subsequently, passed this information on to me.
By the plans that Mr. Gidley submitted to you, the
P & Z and the B.D., Mr. Gidley's planned absorption
field would be located to close to the interests and
rights I own in the Walthen Ditch. Mr. Gidley,
conveniently, left this Walthen Ditch and its Laterals
out of his submitted plans.
By the PERMIT #810079 it states within the
NOTICE, "Any change in plans or specification after
the permit has been issued invalidates the permit."
And, in TITLE X-SEWAGE,of the Pitkin County Code,
Article 3-2.4 it states, "any change in plans or
specifications after the permit has been issued invalidates
the permit unless written approval is secured from the
Department for such changes." To date, T_ do not know of
any written approval that you have given Mr. Gidley for
the location change in his absorption field and I
contend that this change may need SPECIAL REVIEW
APPROVAL in that he may not,be able to meet the required
set back specifications for absorption fields from
water right interests & ditches, property lines', wells',
etc. I would appreciate you keeping my attorney, Maxwell
Aley, Box 5098', Aspen, Colo.81612', tele. 925-6500,
abreast of any new written change specifications in the
location of Mr. Gidley's proposed absorption field.
Again, I make mention of the fact that Mr. Gidley
continues to live in his unfinished, un-C.O.'d,
unsanitary dwelling in violation of several TITLE X -
SEWAGE codes and the minimal requirements of the
Colorado Technical Plumbing Code. I request an inspection
of Mr. Gidley's sanitation system with the ensueing
issuance of the appropriate NOTICE TO CORRECT, STOP
ORDER or CEASE & DESISTS pursuant to your duty to
enforce as granted by Colo. Revised Statutes, TITLE X
and 3.2(b the Pitkin County Code.
�� , Patrick Fox
Box 83--1298 Woody Cr. Rd.
Woody Creeks Co. 81656
/7!141 noo_hnnn_
Thursday
January 29, 1987.
Environmental Health
130 South Galena
Aspen, Colo. 81611
Attn: Bob Nelson
Dear Mr. Nelson
I want to check base with you to find out what
the status is reF�arding Mr. Gidleyts, ENVIRONMENTAL
HEALTH DEPARTMENT PERMIT # 81007.
Has he renewed it? If so, where is the absorbtion
field going to be located?
Has Mr. Gidley submitted any updated plans?
Have you inspected Mr. Gidley's sanitation system
as I had earlier. requested, October 21, 1986?
To the best of my knowledPe, Mr. Gidley, remains
in violation of the Pitkin County Code, TITLE X,
Article 5-1(b) and the Colo. Tech. P11) bine, Code by
having no venting for plumbing fixtures or closets.
To the best of my knowledge, Mr. Gidley, remains
in violation of the Pitkin County Codes, TITLE X,
Article 3-16.2 and 3-16.6 by his continued occupancy of
his unfinished, uninspected, un-C.O.'d, unsanitary
dwelling.
?e. ,ec
P trick Pox
Box 83--1298 Moody Creek -River Rd.
Woody Creeko colo.81656
(303) 923-4979
:Q �
January 30, 1987
Mr. Pat Fox
P. O. Box 83
Woody Creek, Colorado 81656
Re: Onsite Wastewater Disposal System Proposed for the Gidley
Property located on a Tract of Land in Section 8, Township 9
South, Range 85 West of the 6th P. M.
Dear Mr. Fox:
In response to the requests in your letter of January 29,
1987, we wish to detail the activity of this department concern-
ing your neighbor's property since our last discussions and your
previous written communications of last Fall.
We have inspected the referenced property and have found
that it was not provided with any facilities for the adequate and
required disposal of sanitary waste or wastewater from this
structure. However, during our investigation, we saw nothing
which would led us to believe that there was an imminent heath
hazard resulting from the continued occupancy of the structure.
Mr. Gidley was duly informed of the violations created by his
continuing occupancy of this building which we concluded was not
equipped with facilities for the disposal of sewage.
Subsequently, Mr. Gidley has requested that his application
for a sewage disposal permit for the referenced property be
withdrawn, and has informed this department that he has purchased
and moved to a mobile home located in the Lazy Glen Mobile Home
Park. Accordingly, we also understand that he intends to sell
this property. This eliminates all violations of the Pitkin
County Regulations on Individual Sewage Disposal Systems, and
with the permit application voided, any basic specifications for
a septic tank and seepage bed, as originally proposed, are no
longer considered valid by this office. This department consi-
ders the situation resolved, at least temporarily.
We hope that this letter clears up the concerns that you may
have had regarding this matter. However, if the structure once
again appears to be occupied, or if anyone else attempts to
reapply for a permit to construct an onsite wastewater disposal
system, this department will again become involved in the
enforcement of appropriate regulations. If you have further
questions or comments regarding the status or situation on this
property, please do not hesitate to call.
Sinc e7lr, V
Robert F. Nelson
Environmental Health Officer
I
'Qq
• '
February 11, 1987
ASPEN-PITKIN
ENVIRONMENTAL HEALTH DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Attn: Robert Nelson
Environmental Health Officer
Dear Mr. Nelson:
I appreciate the status letter that you sent me
In regards to the reply of January 30, 1987 pertainin
to Hr. Gidley's Wastewater Disposal SeeXage System.
At this point in time, it does appear that Mr.
Gidley is no longer living in the structure; however,
a friend of Mr. Gidley's, James Holman, ®till resides
every evening in said structure.
You stated that your department would a'-ain
become involved in the enforcement of appropriate
regulations if the structure once again appears to
be occupied.
I wanted to make you aware of this condition and
request that you inform Mr. Holman the nature of his
violations.
R p c (ro!Z G
atric
Box 83-1298 Woody Creek -River Rd.
Woody Creek, Colo. 81656
(303) 923-4979
3o
0
MAXWELL ALEY
ATTORNEY AND COUNSELOR AT LAW
June 21, 1987
Thomas Fenton Smith, Esquire
Pitkin County Attorney
506 East Main Street
Aspen CO 81611
Complaint of Patrick Fox
re Gary Gidley Building Site
at 1335 River Road, Woody Creek
Dear Tom:
POST OFFICE BOX 5098
ASPEN, COLORADO 81612
(303) 925-6500
Cm!nty Attorneys Office
I wrote to you on December 21, 1986 about the captioned
matter. You replied by letter dated January 14, 1987
re the continuing non-compliance by Gary Gidley with the
applicable requirements of the Pitkin County Land Use Code
and Building Regulations.
You said that you forwarded my letter to the Building
Department ("BD") and requested they report back to you
on the status of the Gidley property.
On January 19, 1987, the BD furnished you with a memorandum
which defended Gidley's remarkable history of violations
of the county codes over so many years.
However, the justification for Gidley has foundered upon
the shoals of the honest report dated January 30, 1987, by
your Environmental Health Officer, Bob Nelson, a copy of
which is enclosed.
Mr. Gidley occupied his uncertified building as a residence
for a substantial period of time without enforcement action
by the BD. I enclose a copy of my letter to James J. Wilson
dated August 19, 1986.
By Mr. Wilson's letter dated January 29, 1986, Gidley had
been prohibited from further occupancy until he complied
with the applicable codes. Copy of letter is attached.
Gidley did not comply. A "Correction Notice" dated August
6, 1986, was required. Copy attached. Mr. Gidley did not
comply.
I could review point by point the BD memorandum to you
and contradict each point made by Peggy Seeger, but Mr.
{- 0
Thomas Fenton Smith, Esquire
June 21, 1987
Page two
•
Nelson's letter makes that unnecessary. It clearly indi-
cated that Mr. Gidley had abandoned his project.
However, Mr. Gidley continues unlawfully to use his
property as an unsightly storage area for his business
called "Pools Unlimited", even though his telephone number
is no longer located there. See, attached copy of advertise-
ment from the Yellow Pages.
Clearly, Mr. Gidley's continued business use and the
for -years unfinished residence should now be abated by
court action, pursuant to applicable county code provisions.
I cannot understand how this county has tolerated and
apparently condoned the county code violations by Mr. Gidley
when the County is so strict in applying its land use
regulations elsewhere. It smacks of favoritism or worse.
If there is any attempt by Mr. Gidley to revive, renew or make
a new application for a building permit, it should be denied
pending his providing a substantial performance bond for
compliance with applicable regulations. His business
use abatement and his clean-up of the location should be
an absolute condition of any permit.
I look forward to your early reply.
Sincerely,
/ L U(eef _ CX-eCt
Maxwell Aley
MA: me
cc: Patrick M. Fox
31
• ASPE., ',,)P:TKIN •
EN\ IONMENTAL f Ei-ALTH OEP. ITMENT
a
Mr. Pat Fox
P. O. Hox 83
Woody Creek,
Colorado 81656
I.Fr w
January 30, 1987
Re: onsite Wastewater Disposal System Proposed for the Gidley
Property located on a Tract of Land in Section 8, Township 9
South, Range 85 West of the 6th P. M.
Dear Mr. Fox:
In response to the requests in your letter of January 29,
1987, we wish to detail the activity of this department concern-
ing your neighbor's property since our last discussions and your
previous written communications of last Fall.
We; -have—inspectedthe referenced property and have found
that it was not provided with any facilities for the adequate and
required disposal of sanitary waste or wastewater from this
Ntr'acture. However, during our investigation, we saw nothing
which would led us to believe that there was an imminent heath
hazard resulting from the continued occupancyr-of-the structure.
Mr. G1A1ey--Vft1r-duly I thformed of the, violations created by his,
continuing occupancy of this building which we concluded was not
equipped with facilities for the disposal of sewage.
Subsequently, Mr. Gidley has requested that his application
for a sewage disposal permit for the referenced property be
withdrawn, and has informed this department that he has purchased
and moved to a mobile home located in the Lazy Glen Mobile Home
Park. Accordingly, we also understand that he intends to sell
this property. This eliminates all violations of the Pitkin
County Regulations on Individual Sewage Disposal Systems, and
with the permit application voided, any basic specifications for
a septic tank and seepage bed, as originally proposed, are no
longer considered valid by this office. This department consi-
ders the situation resolved, at least temporarily.
We hope that this letter clears up the concerns that you may
have had regarding this matter. Hn%mverT-if the structure once
again appears to be occupied, or if anyone else attempts to
reapply for a permit to construct an onsite wastewater disposal
system, this department will again become involved in the
enforcement of appropriate regulations. If you have further
questions or comments regarding the status or situation on this
property, please do not hesitate to call.
Singe�Fely.,�_
Robert F. Nelson
Environmental Health officer
3a
33
MAXWELL ALEY
ATTORNEY AND COUNSELOR AT LAW
POST OFFICE BOX 5096
ASPEN, COLORADO 81612
13031 925-Bsoo
August 19, 1986
James J. Wilson
Chief Building Official
Aspen -Pitkin Regional Building Department
506 East Main Street
Aspen CO 81611
Complaints of Patrick M. Fox v.
Gary Gidley, Woody Creek, CO
Dear Mr. Wilson:
My client, Patrick M. Fox, and I met with you at your office
on July 31, 1986, concerning Pitkin County Building Code and
Land Use Code violations on the part of Gary-idley, whose
land is contiguous to my client's.
Mr. Fox had prepared and there delivered to you a written,
illustrated presentation of some of the problems. You had
previously received informative materials from Mr. Fox
documenting Mr. Gidley's violations.
You wrote to Mr. Gidley on January 29, 1986, warning him of
his violations and failure to comply with Building Department
and Code regulations for inspection of his project and
the requirement for a certificate of occupancy in order to
live in his structure. Mr. Gidley has continued to live in
it without any inspections..
Your response was quite positive. You stated you would have an
inspection made of Mr. Gidley's project with respect to Code
compliance, and you said that Peggy Seeger would supervise
the inspection and that enforcement action would be taken
for violations, including abatement, if appropriate.
I telephoned you twice last •geek to obtain a status report,
but I received no response from you. Thus, this letter.
Mr. Gidley's violations and non-compliance with the applicable
codes and regulations include, without limiation, the
following:
1. His first building permit for a house was issued
seven years ago in 1979, and he has not completed the
structure.
2. lie obtained a special review permit for an additional
dwelling unit in 1981, #3111, but he has not obtained
a C.O. yet. As you know so well, the Building Code
Sq
James J. Wilson
August 19, 1986
Page two
in Article 2-2, Sec. 302(d) states that "work equal
to 108 of the valuation of the entire project must be
completed in each sixty day period thereafter until
completion of the project or said project shall be
deemed abandoned and the period expired." Because of
Mr. Gidley's blatant failure in this respect, his
permit should be found to be expired.
3. Mr. Gidley has been living in the uncompleted,
non -conforming structure for the past year without
a C.O.
9. His project violates the scenic quality standard of
the Code because of his failure to screen unsightly
equipment, uses and structures.
5. He has failed to construct a road to his project
in accordance with the road design and construction
standards. In fact, he has never built any road at all
in all the years he has been working on the project but
merely has driven across the raw land.
6. He has not constructed a sewage system, and his
proposed location of an absorption field is too close
to the Walthem Ditch waters. A 50 -foot set -back therefrom
is required.
7. Mr. Gidley has not complied with the plumbing code
for a residence.
8. He is conducting a business at the property with
unsightly storage of materials and equipment in violation
of the zoning codes.
9. He has failed to comply with the drainage and erosion
standards by obstructing the Walthem Ditch and creating
a flooding hazard to my client.
Your department has a statutory duty and authority to abate these
problems, which are a direct and proximate cause of damage to
my client's property values, especially when he has been attempting
to sell the property.
Enforcement action appears to be proper and long overdue by the
Building Department.
If we receive no indication of enforcement action from you, we
intend to place the matter on the next available agenda of
the County Commissioners and ask the Board to take action.
Thank you for our assistance on this matter.
Sincerely. /��4 C4`4t
4�
.AEa7PEN4PITK1f*:1EGI0NAL BUIL[*.G DEPARTMENT
Jnnunry 29, t 98
REGISTERED MAI I.
Mr. Gary Gidley
P.O. Box M-3
Aspen, CO 81612
Re: 1335 River Road
Dear Gary:
On January 13, 1986, a letter was sent to you requesting
informatioa on the status of the referenced project. Since this
office has received no reply from you, it is assumed that the
project has been abandoned and your permits, Building Permit
*7693 and Electrical Permit #5281, have been expired. Before
work can recommence new permits must be obtained.
This office has received a complaint that you are living in the
unfinished structure. Please be aware of Article 2-6, Title VII;,
of the Pitkin County Land Use Code, which states, "Use or
Occupancy. No building or structure of Groups A through R
(Division 3 Occupancies) shall be used or occupied, and no change
in; the existing occupancy classification of a building or
structure or portion thereof shall be made until the Building
,,,,ficial has issued a Certificate of occupancy therefor.;;,es
provided herein.'!
The penalty involved when in violation of the regulations is
stated in 4drac'Le'18=3.2(b), Tit -le IIi of the Pitkin County Land
Use Corte, which reads, "It is unlawful to erect, construct,
reconstruct, alter, maintain or use any building or structure or
to use any land in violation of any regulation in, or of any
provisions of, any zoning br general'regulations of this Code or
:any amendments thereto. Any person, firm, or corporation
violating any such regulation, provision, or amendment is guilty
of a misdemeanor and upon conviction thereof, shall be punished
by a fine of not more than one hundred dollars ($100.00), or by
imprisonment in the County jail for not more than ten days, or by
both such fine and imprisonment. Each day during which such
illegal erection, construction, reconstruction, alteration,
maintenance, or use continues shall be deemed a separate
offense...."
offices:
517 East Hopkins Avenue
3s-
Aspen, Colorado 81611
303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 8161'
y�5PEN4PITKIN4PEGIONAL BUILOIPG DEPARTMENT
hIr. Gary Gidley
.January 21), 1986
Page 2
V011 �e hereby prohibited from occupying the dwelling unit
Te''icribed on Building Permit 07693,' issued on April 12, 1985,
to `il said structure is found to"comply`i+i'th the prov.isionc..-of,
'applicable codes'.
This office requests that you contact us within ten (10) days
from tho date of this letter to verify the status at 1335 River
Ron(. Your immediate attention to this will be greatly
appreciated.
a'crely,.
Wilson
Chief Building Official
cc: Patsy Newbury, Zoning Official
Bob Nelson, Environmental Health
offices:
517 East Hopkins Avenue
Aspen, Colorado £31611
1 16
303%925-5973
mail address:
506 East Main Street
Aspen, Colorado B1611
t
JREGION ,L E&LOING ^:. 1PARTML.JT
000RRECTION NOTICE
OSTOP WORK ORDER
Job Located at. r"15_River"Road
I have this day inspected this structure and these premises
and have found the following violations of City, County
and/or Colorado State laws governing same:
Occupancy of structure lor'residentlal'yso .
without proper -inspections. fer=Certificateto✓.
Uecupancy-in -Violation `of'SeC:'"18=3.
Pitkin County Code. Said use must be discontinued
or legalized within 10 days (Sec. 202(f),
1976 U.B.C.)
C'RGL �irL r.� ro
You are hereby notified that no more work may be done
upon the premises until the above violations are corrected. If
You do not communicate with this office now, this matter will
be referred to tiro appropriate authorities for enforcement.
Failure to correct the violations may subject you to a civil suit
for an injunction, or a fine, or both; or to misdemeanor crimi-
nal prosecution, which upon conviction may carry a sentence
of fine or imprisonment, or both.
Date 8/6/86
Inspector for auildinp Department
Building Department Phone 925.5973
Phone: Aspen, Colorado 8 16 11
DO NOT REMOVE THIS TAG
377
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PITKIN COUNTY ENVIRONMENTAL HEALTH
Field Test Data Sheet on Percolation Test
PROPERTY OWNER (/ / PHONE
MAILING ADDRESS
LEGAL DESCRIPTION OF PROPERTY
LOCATION OF TEST HOLES
Three (3) test holes required per system
Test Hole Depths (24" minimum) J
Diameter of Test Holes Ax
Water remaining after 8 hour soak
TEST HOLE No.1
TEST HOLE No. 2
TEST HOLE No. 3
Ot
Drop 5 Time
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Drop Time
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Drop Time
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Average Rate c5-7
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Signature
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