HomeMy WebLinkAboutpitkin.planning.264327400008 (2016)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF TnE 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, Referrals) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2643-27-4-00-008 Application Date: 4/21/16 Case No: P039-1
Description: Sweet Aspen Sunnyside LLC Activity Envelope and Site Plan Review Planner: Mike Kraemer
# Copies: 1
Allocated Hours: 12
Project Address: 292 SUNNYSIDE LN, ASPEN, CO 81611 % Over Hours: 15
Property Owner: SWEET ASPEN SUNNYSIDE Address: 1930 S OCEAN BLVD Owner Phone:
LLC PALM BEACH, FL 33480
Owner's REP: BRISTON PETERSON
Address: PO BOX 9681 REP's Phone: (970) 948-5597
ASPEN, CO 81612
REP's Email: briston@brikor.com
Referrals:
Other Referrals:
Comments Due Date: 06/20/2016
Meetings: 1st Meeting:
2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 05/19/2016
Meeting Notes:
Approvals:
BOCC Resolution #:
P&Z Determination #:
BOCC Ordinance #:
HO Determination #:
Admin Determination #: 075-2016 #632247
Other Information:
VR Approval Date: 09/16/2016 Plat Recorded Date: 12/13/2018
VR Expires Date: 09/16/2019
Plat (Bk, PG): B124 P29-30 #652592
Remarks:
Application Type: Activity Envelope
Site Plan
DECISIONS
RECEPTION#: 632247, 09/16/2016 at
12:51:52 PM,
1 OF 8, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADNHNISTRATIVE DECISION OF THE CONIMUNITY DEVELOPMENT DIRECTOR OF
PTTE IN COUNTY, COLORADO, GRANTING APPROVAL FOR THE SWEET ASPEN
SUNNYSIDE LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Administrative Decision No."45 - 2016
RECITALS
1. Sweet Aspen Sunnyside, LLC (hereafter referred to as "Applicant") has applied to Pitkin County
Community Development Director ("Director") for Activity Envelope and Site Plan Review for
construction of an approximately 1,800 square foot detached art studio.
2. The Lot is located on McLain Flats Road and is commonly described as Block 1, Lots 12 and 12a of
the non-BOCC approved White Horse Springs Subdivision. PID#: 264327400008. (Legal
Description, Attachment A).
3. The Lot contains approximately 13 acres and is in the RS -20 zone district.
4. The Lot received Building Envelope approval pursuant to Hearing Officer Determination No. 29-2002
and Hearing Officer Determination No. 32-2005. Construction of the Lot under these approvals did
not occur. In 2008, the lot was established as a TDR receiver site to construct a single family residence
up to 15,000 square feet pursuant to Hearing Officer Determination No. 07-2008. This Determination
was appealed to the Pitkin County Board of Board of County Commissioners (BOCC). The BOCC
denied the appeal and upheld the Hearing Officer Determination pursuant to BOCC Resolution No.
122-2008. Activity Envelope, Site Plan, and Special Review for a Caretaker Dwelling Unit for an
alternative design was approved pursuant to Administrative Decision No. 442010 (Reception No.
572117). The Site Plan was recorded at B95 P56 (Reception No. 575898). In 2012 the Lot received
approval for an amendment to the approved Site Plan for excavating for a pond, relocating a septic
field, and changing a driveway entrance pursuant to Administrative Decision No. 29-2012 (Reception
No. 589264). The Site Plan was recorded at Plat 100, Page 18 (Reception No. 589266).
The parcel is currently developed with a single family residence, detached Caretaker Dwelling Unit
(CDU), and garage that total approximately 13,200 square feet of floor area. The development was
constructed using four (4) Transferrable Development Rights (TDR's). A balance of approximately
1,800 square feet of floor area is remaining from the use of these TDR's. The Applicant proposes
to use this balance to construct the art studio.
6. The Director finds that Pursuant to section 2-30-10: Table 2-1, approval of a TDR Receiver Site does
not lapse. The Director acknowledges that the previous TDR approval is still applicable and that
Activity Envelope and Site Plan Review are the only reviews needed to construct the detached art
studio.
The Director finds that the proposed development: (1) is not mapped within any big game ranges
but is within '/4 of elk severe winter range and elk winter concentration area and that the proposed
development will have a construction timeframe limitation; (2) is mapped within a low wildfire
hazard area and that the hazard can be mitigated by implementing standards in Land Use Code
Section 7-20-60; (3) avoids slopes in excess of 30%; and (4) is mapped within a Scenic View
Page ] of 7
Protection area as viewed from McLain Flats Road; a designated Scenic Corridor. The proposed
art studio does not obstruct a ridgeline when viewed from this Road.
8. An objection to the application was filed during the public notice period. In effort to resolve the
objection, the Applicant offered a landscape plan that visually screens the proposed art studio from
the objector's view. The objection was rescinded and a hearing was not needed.
APPROVED by the Director, subject to the following conditions:
I . The Applicant 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 Applicant shall be required to
submit for approval by the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and
recordation.
4. 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.
The Applicant shall comply with all standards for development within Scenic View Protection
Areas as represented in the application and approved in this Decision. The exterior of the art studio
shall utilize indigenous earth tone materials or colors and the roofs shall have a non -reflective color
or composition. Reflective roof materials, with the exception of materials associated with solar or
photovoltaic equipment, shall not be used unless the materials are treated to eliminate reflectivity
prior to installation. All exterior lighting shall comply with the lighting code. Exterior materials
samples shall be provided at building permit submittal.
6. Residential floor area for the parcel shall not exceed 15,000 square feet.
At building permit application, the Applicant shall:
A. Complete a fu•eplace/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. 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.
D. Submit engineered plans for retaining walls greater than four feet in height.
Page 2 of 7
E. 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.
F. Submit a landscape plan that is consistent with the recorded landscape plan and adheres to the
wildfire conditions below.
8. Prior to building permit issuance, the Applicant shall pay the applicable housing and road impact
fees.
9. The art studio shall comply with the following low wildfire development standards.
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may
limit a property owner's ability to comply with this section, shall incorporate landscaping with
wildfire defensible space considerations as follows:
1. Brush, debris and non-omamental 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. 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.
3. 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.
4. 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.
5. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
6. 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.
7. All deadfall up to a one hundred (100) foot perimeter shall be removed.
8. No new conifer trees shall be planted within ten (10) feet of a residence.
9. No flammable mulches shall be placed within two (2) feet of a residence.
10. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Low Hazard Area
1. Roofing Materials
a. Class A covering or Class A Assembly as defined by the currently adopted building
code.
Page 3 of 7
b. No wood shakes or shingles.
C. Maintenance and Miscellaneous Requirements
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 ('/.)
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.
10. The Applicant shall comply with the following general conditions regarding wildlife:
A.
Manipulation of vegetation outside of the Activity Envelope is prohibited except for
wildfire mitigation.
B.
All fencing shall be wildlife friendly unless fencing is installed specifically for a dog
kennel.
C.
Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level, and twelve (12)
inches in width (top view), and shall have at least eighteen (18) inches between the
lower two (2) rails.
D.
Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -
five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches.
The middle strands (which may be barbed) should be located a minimum twelve (12)
inches apart and from the top wire preventing entanglement when mule deer jump over.
The bottom strand should be sixteen (16) inches from the ground.
E.
Tall overly mature trees and standing dead trees (snags) should be retained at the rate
of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
F.
Fruit bearing trees and shrubs are prohibited. This does not include pre-existing native
trees and shrubs.
Page 4 of 7
G. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
H. 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.
I. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
J. Pet food shall not be left outside.
K. Dogs are prohibited during construction.
L. All exterior door knobs shall have round handles.
11. The parcel shall comply with the following additional wildlife requirements:
A. If a dog is kept at the property, it shall be kenneled within 50' of the residence or leashed
and under direct human supervision.
B. Outside construction is not permitted between December 1 st through March 31 1 since that
the development is within %4 mile of Elk severe winter range and Elk winter concentration
range.
C. Interior construction may occur during these dates if and only if all doors, windows, and
walls are installed on the structure.
12. 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.
13. The access drive shall be built to current County Standards, as described in the Pitkin County Asset
Management Plan and the Applicant shall submit for an access permit, unless the existing driveway
meets current County standards. The driveway layout shall be staked in the field and reviewed and
approved by the County Engineer, prior to commencement of construction.
14. 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.
15. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
16. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on September f (E, 2019.
17. 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.
Page 3 of 7
PUBLIC NOTICE WAS PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 19'" DAY OF
May 2016
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on the 0r)q day of 2016.
APPROVED by the Director, this I(6'day o, 2016.
Cin ouben
Community Development Director
PID# 264327400008
Case! P039-16
Page 6 of 7
PUBLIC NOTICE WAS PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 19th DAY OF
May 2016
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weeklv on the _ day of 12016.
APPROVED by the Director, this day of 2016.
z
C' Houben
Community Development Director
PDk 264327400008
Case# P039-16
Page 6 of 7
ATTACHMENT A
Legal Description
PartA 1:
A tract of land situated in Lot 16 of Section 27,'I'ownship !) South, Range 85 West of the Sixth Principal
Meridian, Pitkin County, Colorado, described as follows:
Beginning at a point whe ice the Southeast Corner of said Section 27 lx -ars
South 2I°09'45" East 1865.00 feet:
thence North 68°09' 15" East 370.08 feet to a point on the Westerly line of a 60 -foul roadway casctntmt:
thence South 17°20'30" Bast 108.57 led along the Westerly lint of said 60 -foot roadway cuxrncnt;
thence South 03°44'30" East 62.35 feet along the Westerly line of said 60 -foot roadway casement:
thence South 29° 10'30" West 111.53 feet along the Westerly lime of said 60 -fool roadway casamcnt
thence South 14°57'30" Wt—Nt 130.52 feet along the W'cstcrly line of said 60 -foot roadway casement;
Ihcnce South 00°20'30" West 156.56 feet along the Westerly line of said 60-1bot roadway caacment;
thence South 06"55'30" East 133.69 feet along the Westerly line of said 60 -foot rondwav casement•,
thence South 68°09' 15" West 83.71 feet;
thence North 21°50'45" West 616.29 feel to the Point of Beginning.
Parcel 2:
A tract of land situated in Lots 16 and 17, Section 27, Township 9 South. Range 85 West of the Sixth
Principal Meridian dcaribcd as follows:
Beginning at a point whence the Southeast Comer of said Section 27 brans
South 21°09'45"East 1865.90 feet;
thence South 68"09' 15" West 708.98 feet to the Easterly line of the County Road;
thence South 22113'40" East 538.13 feet along the Easterly line of the County Rnad; thence South
27'53'40" East 78.60 feet along the Easterly line of the County Road;
thence North 68°09' 15" Bast 698.70 feet;
thence North 21'50'45" West 616.29 lett to the Point of Beginning.
COUNTY OF PITKIN, STATE OFCOl-ORAIXi
Page 7 oj7
APPLICATION
MATERIAL
IG=LB=RG=R
102 Sycamore Avenue Suite B Mill Valley, California 94941 Telephone: 415-963-9322
www.eigelberger.com
Application For Building and Activity Envelope and Site Plan Review
LOCATION: White Horse Springs Lots 12 and 12a PID# 264327400008
LOTSIZE: 13 acres ZONE: RS -20
OWNER: Sweet Aspen Sunnyside LLC
REPRESENTATIVE: Briston Peterson PHONE/EMAIL: 948-5597; briston@brikor.com
PLANNER: Mike Kraemer DATE: January 9, 2015
(revised 3-7-16)
PHONE: (970) 920-5482
E-MAIL: michael.kraemer@pitkincounty.com
Submitted for:
Sweet Aspen Sunnyside, LLC
292/294 Sunnyside Lane
Aspen, Pitkin County, CO
(PID# 264327400008)
April 19, 2016
Dear Mike,
Prepared by:
Eigelberger Architects and Design
Cristof Eigelberger, Principal Architect
102 Sycamore Ave, Mill Valley, Ca 94941
415-963-9322
Email: cristof@eigelberger.com
Lloyd Miller, Sweet Aspen Sunnyside LLC, (Applicant) is the owner of a property at 292
Sunnyside Lane (PID#64327400008). Please refer to Attachment #1, Vicinity Map,
which depicts the location of the property. The applicant is represented by Briston
Peterson and Cristof Eigelberger (Architect) in this land use application (see
attachment #4).
Through this application, the applicant is requesting approval to build an Art Studio
Barn clustered near the Main Residence (Approx 650ft North-East of Mccain Flats
Road) on the furthest North-East corner of the property approximately 950 feet North-
East of Mccain Flats Road.
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio
0000u1 e-7 e,
Page 1 of 24
Attachment #1 Vicinity Map.
Attachment #2: Pre -Application Summary.
Attachment #3: Proof of Ownership Title Commitment.
Attachment #4: Authorization - Applicant Representative.
Attachment #5: Agreement for Payment of Land Use Application Fees.
Attachment #6 List of Adjacent owners within 300 feet.
Attachment #7: Previous Land Use Plat
Attachment #8:
Improvement Survey with Topography and Slope Analysis
Proposed Building and Activity Envelope Site Plan.
Attachment #9:
Improvement Survey with Topography and Slope Analysis
with Proposed Building and Activity Envelope Site Plan.
Attachment #10:
Proposed Art Studio Plans and Elevations.
Attachment #11:
Site View Analysis Existing Aerial, Images, 3d Cad Perspective
from McLain Flats Road
Attachment #12:
Construction Management Plan
The following attachments are included in this application:
Project Description
The applicant is seeking a free standing Art Studio at 292/294 Sunnyside Lane, Aspen,
Colorado to expand the existing main residence and CDU. The applicant wishes for
approval of the Building and Activity Envelope as required to accommodate the
building and landscape walls.
The 1800sf building will be a timber frame building with a wood exterior and stone
foundation to match existing house. The building is located on the approximately 950
feet North-East of Mccain Flats Road and in the furthest North-East corner of the
property near the main residence (12208sf) and primary entry parking area. The
proposed building would have little to no view from Mclain Flats Road as shown in the
Attachment#11. The primary facade faces South-West facing the North side of the
Main Residence and is accessed by the existing driveway. The visible building will be
stained wood boards with timber frame, a stone faced foundation to be similar to the
existing residence and a non -reflective metal roof.
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio
000062
Page 2 of 24
Legal description:
SUB: WHITE HORSE SPRINGS LOTS 12 AND 12-A
SECT, TWN, RNG:27-9-85 DESC: TRACT OF LAND IN LOT 16 CONT 3.0 AC IN BK 224
PG 481 A TRACT OF LAND IN LOTS 16 & 17 10.00 AC M/L DESC BY M/B BK 198 PG
512 IN BK 200 PG 147 BK 282 PG 844
Existing Conditions:
The subject property is approximately 13 acres and has a main residence that is 12,208
square feet and a CDU that is 992 square feet. The property is accessed off Sunnyside
Lane and is a corner lot between Sunnyside Lane and Mclain Flats Road. There is
currently a gravel driveway to the residence that will be used during construction and
the existing main parking will be used for construction staging to minimize impact to
the natural environment. The property currently has the ability to build up to 15,000
S.F. living area including up to 1000 S.F. net for a CDU.
Allowance on Property:
15,000 S.F. FOR SINGLE FAMILY RESIDENCE INCLUDING 1000 S.F. NET FOR
CARETAKER DWELLING UNIT WITH EXISTING TDR
Main House SF
Main Living 10,764 sf
Garage 1052 sf
Covered Patio 392 sf
Total Main House 12,208 sf
CDU:
Livable Area 992 sf
Total CDU: 992 sf
Total Used SF: 13,200 sf
Proposed Art Studio SF: 1,800 Sf
Total Proposed SF on Site 15,000 sf
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio
0000G3
Page 3 of 24
Land Use Code Sections to be addressed in letter of
request (application):
. Sec. 7-10-50 & 60: Activity Envelope and Site Plan
Refer to the Building and Activity Envelope Site Plan in Attachments #9 which have been
prepared in compliance with these sections of the Land Use Code.
The Proposed Building and Activity Envelope #9 is located on the North-East end of the
property for the purpose of the building.
(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 "ConstrainedAreas'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. 2465.1-101 et seq.), (ii) steep and potentially unstable slopes, (iii) watercourses, drainage channels, and
areas subject to erosion, (iv) floodplain hazard areas, (v) geological hazard areas, (vi) severe or low to moderate
wildfire hazard areas, (vii) wildlife habitat areas, (viii) river and stream corridors and wetlands fix) 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. In the case of a site with few Constrained 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). Construction of trails will not
require an Activity Envelope analysis except as required by Sec 7-20-50.
(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 addition, 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).
(e) Activity Envelope and Site Plan Review for a Stream Restoration Project shall adhere to all development
standards in 7-20-40 and 7-20-80 and shall be reviewed by the BOCC as set forth in Table 2-1.
(f) 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
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio
000004
Page 4 of 24
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 otherstandards in this Land Use Code not considered at the time the Activity
Envelope was defined.
(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. Development Standards in this Chapter 7 which are to be reviewed as part of
Activity Envelope and She Plan review are set forth in Table 7-1 below.
See Document
7-10-60: PRIORITIES IN LOCATINGACTIVINOR DEVELOPMENT
When the property contains Constrained Areas where proposed activity or development could not comply with
this Land Use Code or the Pitkin County Comprehensive Plan, the following order of priority shall be followed:
(a)Avoidance
The activity or development shall be located on a portion of the she that is free from Constrained Areas and
where the proposed activity or development would comply with this Land Use Code and the Comprehensive
Plan, if such an area exists.
(b)Adjustment of Range, Size, or Intensity of Proposed Activity or Development or Activity
If there is no adequately sized area on the property that would avoid Constrained Areas and would allow the
proposed activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan,
the range of permitted activities and/or the permitted density or intensity of development and/or the maximum
size of a permitted activity or development may be limited to bring the proposal into compliance with this Land
Use Code and the Comprehensive Plan. If the Community Development Department determines that the
proposed development can only occur in compliance with this Land Use Code and the Comprehensive Plan if
the maximum structure size on a lot or parcel that is not subject to an FAR limitation is reduced to less than five
thousand seven hundred frRy (5,750) square feet the application shall automatically be converted to a One -Step
Review before the Board of County Commissioners. The Scenic View Protection standards of Sec. 7-20.120 shall
not be utilized to reduce the maximum gross floor area of permitted development to less than 5,750 square feet
Because the full impacts of a proposed development or activity can only be determined at the time of Site Plan
review, this review will normally not occur if the applicant requests approval of an Activity Envelope alone, but will
be reserved until submission of a Site Plan.
Pitkin County Land Use Code CHAPTER 7 - DEVELOPMENTSTANDARDS July 2006
Page 10
Chapter 7- Development Standards
(c)Administrative Modification of Standards
(1) If there is no adequately sized area on the property that would avoid Constrained Areas and would allow the
proposed activity or development to occur in compliance with this Land Use Code and the Comprehensive Plan,
even after adjustment of the proposed activity pursuant to subsection (b) above, because of the conflicting
requirements of two or more standards, but an Administrative Modification of one or more standards pursuant to
Sec 2-20- 10(c) would allow compliance with the remainder of the standards, then an Administrative Modification
may be made.
(2) In determining what type ofAdministrative Modification should be approved, the Community Development
Director shall give priority to strict compliance with those standards affecting human health and safety over other
development standards. In addition, the Community Development Director shall give priority to strict compliance
with those standards affecting human health and safety and wildlife habitat areas over the scenic view protection
standards and guidelines. For purposes of this Chapter 7, standards affecting human health and safety include
Sec. 7-20-20; 7-2040; 7-20-50; and 7-20-60.
(3) Because the full impacts of a proposed development or activity can only be determined at the time of Site
Plan review, this review will normally not occur if the applicant requests approval of an Activity Envelope alone,
but will be reserved until submission of a Site Plan.
(d) Prohibition
The proposed activity or development may be prohibited if the proposed activity or development:
(1) Does not meet the standards of this Land Use Code and/or is not in compliance with the Pitkin County
Comprehensive Plan; and
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(2) Cannot be modified pursuant to subsection (b) above (i.e. there is no portion of the site where the activity or
development can occur, even in a limited form, while avoiding Constrained Areas and in compliance with this
Land Use Code and the Pitkin County Comprehensive Plane and
(3)A permitted Administrative Modification would not bring the application into compliance with this Land Use
Code and the Pitkin County Comprehensive Plan.
Because the full impacts of a proposed development or activity can only be determined at the time of Site Plan
review, this review will normally not occur if the applicant requests approval of an Activity Envelope alone, but will
be reserved until submission of a Site Plan.
. Sec 7-20-10: Site Preparation and Grading
Tree removal and the protection of natural terrain (including re -vegetation, topsoil
management, weed prevention, utility installation, erosion, sedimentation, and storm
management) will meet the criteria in this section of the Land Use Code.
(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 for the removal of noxious weeds. Each Site Plan shall document compliance with the requirements of this
Sec 7-20-10(b)and Sec 7-20- 130.
(c) Protection of Natural Terrain
The County Planning Engineer or Community Development Director 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 Sunrey.
(4) Utility Installation
Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality.
(5) Erosion, Sedimentation, and Storm water 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 wetlandshiparian areas established in Sec 7-20-80.
(b) Mitigation measures identified in an approved erosion, sedimentation, or storm water management plan shall
remain in place until revegetation is viable.
As required, the only grading and filling, grubbing, clearing, and vegetation removal on the site will occur within
the defined Building and Activity Envelope shown in the Building and Activity Envelope Site Plan in Attachments
p2.
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0000I0G
. Sec. 7-20-10: Site Preparation and Grading; (Repeated in Pre -Application
See Above Response (Repeated in the Pre -Application)
. Sec. 7-20-20: Slopes
The applicant has proposed a new Building and Activity Envelope as shown in the
Building and Activity Envelope Site Plan. A slope analysis was performed for the site, to
identify any slopes greater the 30% and is attached as Attachment #8. The proposed
Building and Activity Envelope was created to avoid slopes in excess of 30% and is shown
on the Proposed Building and Activity Envelope Site Plan with Slope Analysis {Attachment
#9}.
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
Slopes shall be delineated within the Activity Envelope with two (2) foot contour intervals. Slopes between each
two (2) foot contour in each of the following categories shall be designated by a distinct graphic pattem.
(1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent
(2) Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent;
(3) Slopes that are forty-five (45) percent or greater. (b) Forty-five (45) PLrcent or Greater Gradient
Development is prohibited on slopes with a slope gradient equal to or exceeding forty- five (45) percent except:
(1) Mere:
(a) The lot is in a legally platted subdivision, recorded prior to 1972, and
(b) There is no alternative building site that avoids areas of slope exceeding forty-five (45) percent; and
(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
(d) The proposed development complies with all standards in subsection (cX 1) below applicable to slopes of
thirty (30) percent or greater, and
(2)As provided in subsections (cX3) or (cX4) below. (c) Thirty (30) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient of thirty (30) percent or more, except as follows:
(1) No Alternative Building She
If there is no ahemative building site available on the parcel with slopes of less than thirty (30) percent
development (but not roads or driveways) may be approved by the Community Development Department
through the She Plan process subject to the following development standards:
(a)An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can
be engineered so that there is no hazard posed by the location of development on such slopes.
(b) To the extent possible, the development shall be designed so as to: avoid adding water to the site that would
cause decreased stability; avoid removing the toe of the slope without adequate mechanical support; avoid
increasing the weight load on top of the slope, re -contour disturbed slopes so that they can be re -vegetated;
avoid steepening of existing slopes.
(c)Any development approved pursuant to this section shall be conditioned upon compliance with the engineer
or geologist's recommended mitigation measures.
(d) Following Site Plan review, and prior to the application for a Building Permit, a precise engineer or geologist
approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re-
grading required and the exact size and location of all mitigation devices. The mitigation measures must be
determined by the Community Development Department to be the least visually and ecologically obtrusive
alternatives.
(2) Parcels with Some Areas of Less than Thirty (30) Percent Slopes
(a) If a parcel contains areas with less than thirty (30) percent slopes that are accessible by a road or driveway that
meets the requirements of this Land Use Code, but such areas (after exclusion of Constrained Areas) are not large
enough to develop the floor area permitted by underlying zoning, then areas containing slopes of less than thirty
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(30) percent must be utilized to develop as much of the floor area as can feasibly be accommodated. Areas
containing slopes of thirty (30) percent or greater (but not exceeding forty-five (45) percent) may then be used for
development of the remainder of the permitted floor area. The resulting area specified for development should
define a contiguous area with slopes of less than thirty (30) percent to the maximum extent practicable.
(b) Development on slopes equal to or exceeding thirty (30) percent (but less than or equal to forty-five (45)
percent) shall be subject to the development standards in Sec 7-20-20(cX1Xa) through (d)., and shall minimize
disruption of natural terrain as viewed from any of those roads identified in Sec 7-20-120(b).
(3) Minor Slope Anomaly
Through the Site Plan process, exceptions for minor changes in slope- development may be permitted on lands
that have a slope equal to or in excess of thirty (30) percent when the slope is due to the presence of a minor
natural or minor man-made change in the gradient of a continuous slope, provided that an engineer or geologist
licensed in the State of Colorado demonstrates that the slope's ground surface is not prone to instability or failure
and that the proposed development will not cause greater instability or increase the potential for slope failure.
(4) Existing Roads and Driveways
Through the Site Plan process, an exception for minor road and driveway improvements may be penni ted to
existing mads and driveways that traverse previously disturbed slopes equal to or in excess of thirty (30) percent
provided that the applicant demonstrates that all of the following conditions are met.
(a)The road or driveway was legally created, as demonstrated by (i) a valid copy of the permit for the road or
driveway, or (ii) evidence that the road or driveway was constructed prior to the County's road or driveway permit
system in 1993, or (iii) that a permit was not required to construct the road or driveway.
(b) The proposed use of the mad is an existing legal use (i.e., if residential development is proposed, it shall be
demonstrated that the road already services an existing, legal residential structure). The current use of the road or
driveway shall not change between residential, commercial, lodging or industrial use. No road improvements
shall be permitted pursuant to this provision to allow the development of any structure where there is no pre-
existing, legal structure (e.g., a mining road orjeep road that provides access to a vacant parcel shall not be
improved pursuant to this provision to create access to a new residence).
(c) The improvements shall be limited to existing roads and driveways that traverse previously disturbed slopes
equal to or in excess of thirty (30) percent and comply, or can comply without impacting slopes equal to or in
excess of thirty (30) percent with the minimum requirements in the Pitkin County Road Management and
Maintenance Plan for width, grade and curvature. New road and driveway improvements that traverse
undisturbed slopes equal to or in excess of thirty (30) percent are prohibited.
(d)The improvements shall be minor in scope and shall be the minimum required to ensure the safety of both the
general public and safety agency personnel. Improvements that may be permitted pursuant to this provision may
include, but not be limited to, pullouts, turnarounds or grading, if the road or driveway otherwise complies with
the standards of the Pitkin County Road Management and Maintenance Plan. Improvements that would create
further impacts on slopes equal to or in excess of thirty (30) percent in order to bring an existing road or driveway
into compliance with the minimum standards of the Pitkin County Road Management and Maintenance Plan are
prohibited.
(a)An engineer or geologist licensed in the State of Colorado demonstrates that the slope's ground surface is not
prone to instability orfailure, and that the proposed improvements will not cause greater instability or increase the
potential for slope failure.
(5) short Driveway Encroachments
Through the Building Permit process, an exception for short driveway encroachments may be permitted as
follows:
(a)This exception may only be utilized where there is no altemative alignment on slopes less than thirty (30)
percent and the proposed driveway is free of all of the following hazards: high hazard avalanche zone (red zone)
and moderate hazard avalanche zone (blue zone), landslide areas, or rockfall areas. (See Sec 7-20-50).
(b) For a maximum of one -hundred (100) linear feet per lot or parcel, the driveway may encroach on slopes
between thirty (30) percent and a maximum of forty-five (45) percent gradient The maximum of one hundred
(100) linear feet of permitted encroachment shall be measured along the centerline of the driveway-
(c)
riveway.
(c)All development permitted pursuant to this section shall be subject to the development standards of Sec
7-20.20(cX 1 Xa) through (d).
(6) Micro Hydroelectric Systems
Construction and maintenance of micro hydroelectric system improvements on steep slopes may be approved
by the BOCC through the Special Review and Site Plan process subject to the following development standards:
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(a)An engineer or geologist licensed in the State of Colorado shall be required to demonstrate that the site can
be engineered so that there is no hazard posed by the location of the system components on such slopes.
(b) To the extent possible, the system components shall be designed so as to: avoid adding water to the site in a
manner that would cause decreased stability; avoid removing the toe of the slope; re -contour disturbed slopes so
that they can be revegetated, avoid steepening of existing slopes.
(c)Any development approved pursuant to this section shall be conditioned upon compliance with the engineer
orgeologist's recommended mitigation measures.
(d) Following site plan review and prior to the application for a building permit a precise engineer or geologist
approved mitigation plan shall be submitted by the applicant that shows the area of disturbed slope, any re-
grading required and the exact size and location of all mitigation devices. The mitigation measures must be
determined to be the least visually and ecologically obtrusive alternatives, and can include but are not limited to
hand -burial or non- burial of transmission pipelines; prohibition of the use of excavation equipment for
foundation improvements, and the positioning of facilities so that vegetation removal is kept to a minimum.
(7) Habitable Retaining Structures
Through the Site Plan process, an exception for "habitable retaining structures"and similar types of construction
may be permitted at the toe, or along the base of slopes equal to or in excess of thirty (30) percent including
slopes in excess of forty-five (45) percent This section shall not modify other prohibitions on development
including but not limited to those in Section 7-20-50 Geologic Hazards. This section is available only when all of
the following conditions are met:
(a)The property on which the habitable retaining structures are proposed to be built has previously been
developed with a structure(s) that meets County Codes for human habitation and that was built pursuant to valid
County land use approvals and building permits (as applicable).
(b) An engineer or a geologist licensed in the State of Colorado has provided a report demonstrating to the
satisfaction of the BOCC that the site can be engineered so there is no hazard posed by the location of the
proposed habitable retaining structures on such slopes.
(c) The proposed structures shall be designed to function principally as retaining structures, but may also be
permitted for human habitation. A habitable retaining structure that also meets the Code definition of a
residential dwelling unit or is a structure that would typically be accessory to a residential dwelling (such as a
garage), or any structure that includes plumbing facilities shall not be allowed pursuant to this sub -section.
(d) The proposed development at the toe or base of the slope shall be designed to avoid adding water to the site
that would cause decreased stability or would increase the weight load on the top of the slope.
(e) Slopes that are disturbed by the proposed development shall be re- contoured so they can be re -vegetated,
and a plan for such re -vegetation shall be provided which restores the exposed slopes to a stable, natural
condition.
(f) The proposed habitable retaining structures shall comply with the standards for retaining walls found in
Section 7-20-20 (e) (6) of thisCode as applicable, but shall not be subject to the limits on changing natural grade,
the limits on graded, excavated or filled man-made slopes, and the guidelines for retaining walls found in Section
7-20-20 (e) (2), (3), and (5) of this Code.
(8) Pitkin County Solid Waste Center Operations
The SOCC may authorize the following types of activities to occur at the Pitkin County Solid Waste Center
through the PUB Zone District Master Plan process:
(a) Earth moving and similar types of land -disturbing activities necessary to operate the Solid Waste Center on
man-made slopes that are in excess of thirty percent (30%) shall be exempt from the provisions of this Sec
7-20-20 of the Land Use Code if they occur within the "Limit of Earth Moving Activity" line depicted on the
adopted Solid Waste Center MasterPlan.
(b) Earth moving and similar types of land -disturbing activities necessary to operate the Solid Waste Center may
also be authorized to occur on natural slopes that are in excess of thirty percent (30%) within the 'Limit of Earth
Moving Activity" line depicted on the adopted Solid Waste Center Master Plan provided the applicant
demonstrates that all of the following conditions are met:
(1)The applicant shall demonstrate that there are no alternative locations available within the Limit of Earth
Moving Activity line where the proposed earth moving or similar land -disturbing activities could occur that would
avoid disturbing slopes that are in excess of thirty percent (30%).
(2) A plan shall be presented that was prepared by an engineer or a geologist licensed in the State of Colorado
that demonstrates that there will be no hazard posed by the proposed earth moving or similar land -disturbing
activities on slopes in excess of thirty percent (30%).
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(a) The plan shall show the area of disturbed slope, any re -grading that will occur, and the size and location of any
planned mitigation measures, including how disturbed slopes will be re -vegetated.
(b) The plan shall receive the approval of the State of Colorado (if such approval is necessary).
(c) The plan shall demonstrate that the slopes resulting from the earth moving or similar land disturbing activities
will be stable.
(3)This exemption shall not be used to authorize development of a structure on a slope in excess of thirty percent
(30%) and may only be used to authorize earth moving and similar types of land- disturbing activities on such
slopes.
(d) Less Than Thirty (30) Percent Gradient
Development is permitted on slopes with less than a thirty (30) percent gradient. Additional Standards
(e)All activity and development on slopes with a gradient of thirty (30) percent or greater shall comply with the
following standards.
(1) Density Slope Reduction
If more than thirty (30) percent of the total land area of parcel is encumbered with slopes of forty-five (45) percent
or greater, the maximum permitted density of development on the parcel shall be reduced pursuant to Sec
5-10-20.
(2) Limits on Changing Natural Grade
The original, natural grade of areas within the Activity Envelope shall not be raised or lowered more than four (4)
feet at any point for construction of any structure or improvement except.-
(a)
xcept:(a) The site's original grade may be raised or lowered a maximum of seven (7) feet if retaining walls are used to
reduce the steepness of man- made slopes, provided that the retaining walls comply with the requirements set
forth in this section.
(b)As necessary to construct a driveway from the street to a garage or parking area, grade changes or retaining
walls up to seven (7) feet may be allowed.
(3)Grading forAccessory Building Pads Discouraged
Separate building pads for accessory buildings and structures other than garages, such as tennis courts,
swimming pools, outbuildings, and similar facilities, shall be discouraged except where the natural slope is
twenty (20) percent or less.
(4) Limits on Graded, Excavated, or Filled Man -Made Slopes
(a)Where grading, excavation, or filling is necessary, grading, excavation, or filling to create slopes of twenty-five
(25) percent or less is strongly encouraged.
(b) Graded or filled man-made slopes shall not exceed a slope of fifty (50) percent.
(c) Cut man-made surfaces or slopes shall not exceed a slope of filry (50) percent unless a soils engineering or a
geotechnical report is furnished stating that the site has been investigated and that in the opinion of a qualified
professional a cut at a steeper slope will be stable and not create a hazard to public orprivate property.
(d)AII cut filled, and graded slopes shall be mcontoured to the natural, varied contour of the surrounding terrain.
(5) Guidelines for Retaining Walls
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 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) Detentionl5tormwater Facilities
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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.
(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.
(9) Remgetation Required
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.
(f) Exceptions
Construction of non -motorized, public trails on land owned or held in easement by a public or non-profit
organization shall be reviewed through the Site Plan process, but shall be exempt from the standards for
development in Sec 7-20- 20 (Steep and Potentially Unstable Slopes) and Sec 7-20-50 (Geologic Hazards)
provided that such trails shall be subject to any other applicable regulations of this Land Use Code and the
following provisions:
(1) No non -motorized, public trail shall be permitted in steep and potentially unstable slope area that would
subject occupants or users of the area to hazardous conditions; create or worsen such conditions affecting other
developments, activities and lands; subject other persons or the County to dangers or expenses required to
mitigate such hazardous conditions, respond to emergencies created by such conditions or rehabilitate the
improvements, activities and lands.
(2)All non -motorized, public trails in steep and potentially unstable slope area shall be constructed in such a
manner as to mitigate the hazard to public health and safety or to property due to steep and potentially unstable
slope hazards.
Sec. 7-20-60: Wildfire (mapped within a low hazard);
The parcel is in a low wildfire hazard area and the applicant shall comply with the
guidelines set forth in the standards 7-20-60. The applicant will preserve a defensible
area around the perimeter and the required Class A Roofing as well as all other standards
for a low hazard area.
"Standards Applicable to All Wildfire HazardAreas
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 property boundaries that may limit a property owners 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 nonomamental vegetation shall be removed within a minimum ten -foot (10') perimeter around all
structures
(b) vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of thirty (30) foot
perimeter around a structure built on flatgmund. (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 dumps 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.
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(e) Tree crown separation wahin the thirty (30) foot perimeters shall have a minimum often (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.
(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.
(i) No new conifer trees shall be planted within ten (10) feet of a residence.
(j) No flammable mulches shall be placed within two (2) feet of a residence.
(k)The properly 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 anery7highway for widely separated ingresVegress:
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.
(b) New deadend streets shall not be permitted, except for cul-de-sacs and othertumarounds accepted by the applicable local
fire district.
(c) Cul-de-sac turnaround pads shall have a minimum of a thirty (30) foot drivable surface inside turning radius ora hammerhead
or other T tum area acceptable to the applicable local fire district.
(d) New driveways and access roadway shall enter the roadway at a ninety-degree (90°) angle for the first twenty-five (25) feet of
the driveway.
(a) Fuel breaks as recommended by a wildfire expertapproved by the County may be incorporated into the design ofaccess
roads or dmreways
(3)Water Supply for Fre Safety
(a) When access to a public orprivate pressurized watersystem 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 Department and the local fire district.
(b)Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department
vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant) The amount of
storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage
capacity perstructure.
(c) Regardless of size, all structures (including detached garages and horse bams) where humans congregate regularly that are
located within areas identified as containing "C--Severe Hazard: Trees` or "X--Severe Hazard: Brush" wildfire hazard shall be
required to install in-house sprinkler systems that meet the standards of the local fire protection district and the adopted Building
Code.
(d)AII structures greater than five thousand (5, 000) square feet in size shall be required to install in-house sprinkler systems that
meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the local fire
protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and
lack of proximity to fire protection services.
(4) Roofing Materials, Roofing ✓ants and Rejections 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 HazardArea
(1) Roofing Materials
a. Class A covering or Class AAssembly 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.
(d)All HazaidAreas
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.
(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.
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(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 (14) inch maximum.
(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.
(j) Fuel tanks shall be installed underground with an approved container.
(k) 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.
(0 Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
(m) Addresses shall be Beady 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 an
expert in designation of wildfire areas and wildfire mitigation may be incorporated into any conditions of
approval as necessary to mitigate wildfire hazards.
(d)Additional Development Standards for Severe Wildfire Hazard Areas
(1) Development is prohibited within or immediately adjacent to any Severe Wildfire Hazard Area, unless it is
determined that (1) there is no alternative development area on the property that is free of "C—Severe Hazard:
Trees" or X --Severe Hazard: Brush" wildfire hazards, or (2) development within the Severe Wildfire Hazard Area is
preferable to alternative Low to Medium Wildfire Hazard site(s) because of other hazard concerns relating to the
alternative site(s).
(2) Development permitted in Severe Wildfire Hazard Areas pursuant to this section shall be subject to all of the
standards of Sec. 7-20-60(c) above.
(e) Recommendations of Wildfire Expert
In the case of both "Severe Wildfire Hazard Areas"and "Low to Medium Wildfire Hazard Areas", the wildfire expert
is authorized to recommend that mitigation be provided through any combination of the structural design and
construction techniques and the defensible space techniques identified in this Sec 7-20-60.
Sec. 7-20-70: Wildlife (area not mapped within big game range)
The applicant shall comply with the General Standards, Section 7-20-70(c) set forth within
this section of the code in order to preserve, protect, and expand the full range of
biodiversity present in Pitkin County. No mesh or woven fences will be erected, all wood
rail or wire fencing, if any will meet the restrictions of Section 7-20-70(c) #4 and #5, no
fruit -bearing trees will be planted, trash/garbage will be kept in an approved bear -
resistant container and outside doors will utilize only solid round handled knobs.
This section establishes land use standards for wildlife habitat to preserve, protect, and expand the full range of
biodiversity present in Pitkin County. Wildlife habitat shall be addressed
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Pitkin County Land Use Code CHAPTER 7 - DEVELOPMENT STANDARDS July 2006
Page 52
Chapter 7- Development Standards
broadly to include locations that are ecologically significant and where activities or structures would interfere with
important wildlife functions and activities. for purposes of this Sec 7-20- 70, Constrained Areas shall include, but
shall not be limited to, locations that include: any portion of a wetland; riparian habitat critical wildlife habitat
severe winter range, and/or winter concentration areas; wildlife migration corridors or habitat, wildlife production,
birthing or calving areas, important waterfowl and wading bird habitat areas, significant mountain sage, aspen,
and mountain shrub dominated habitat; and rare, imperiled, sensitive, threatened, or endangered species critical
habitat.
(a)Wildlife Habitat Maps
Areas of designated wildlife habitat are shown on the Colorado Division of Wildlife (CDOW) Species Activity
Maps (the Wildlife Maps), which are maintained in the Community Development Department and hereby
adopted by reference, and may be amended from time to time by the Colorado Division of Wildlife. Areas shown
on those maps are known to be wildlife habitat areas by the Colorado Division of Wildlife. In all cases, mapping
will be field veered by the Colorado Division of Wildlife ora wildlife expert approved by Pitkin County. The
following regulations shall apply to all areas known to be wildlife habitat as a result of such field verification,
regardless of whether those areas are mapped on the wildlife maps.
(b) General Principles
Delineation of the Activity Envelope, and the location and design of activities and structures within the Activity
Envelope, shall be based on consideration of the five (5) principles listed in subsections (1) through (5) below.
These principles shall be evaluated not only on a site specific basis, but should also be used to consider the
location and role of the property in the context of larger habitat and wildlife patterns. Implementation of these
principles may also include consideration of connectivity between other parcels and the cumulative effect of the
proposed activity or development in light of other activity in the area affecting related habitat areas. Approved
development shall:
(1) Maintain large, intact areas of native vegetation and habitat area by preventing fragmentation of those
patches by development.
(2) Protect rare landscape elements such as locally rare vegetation, unique rock formations, sheltered draws or
drainage ways, or other features, and guide development towards areas of landscape containing more common
elements.
(3) Maintain connections among wildlife habitats by identifying and protecting corridors for movement
(4) Contribute to the regional protection of rare species by protecting their habitat locally.
(5) Minimize the combined and cumulative impacts of activities and development on wildlife species, wildlife
habitat wildlife movement and unique landscape elements.
(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 (7 6) 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.
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(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.
(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)AII 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).
(d) General Buffer Standards
Structures located near wildlife habitat shall comply with the following standards for maintaining buffer distances,
unless (i) Pitkin County or the Colorado Division of Wildlife suggests that a different buffer is appropriate due to
unusual wildlife factors or other unique features of the property, and the alternative is approved through the Site
Planning process, or (ii) the parcel in question is too small to accommodate the required buffers, in which case
the buffers shall be provided to the maximum extent practicable.
(1) Nest/Roost Buffer
The minimum buffer for any structure located near an active peregrine falcon, osprey, golden eagle, or bald eagle
nest or most site shall be one-half (1/2) mile (2,640 feet) in Rural Areas, and five hundred (500) feet in Urban
Areas. The minimum buffer for any structure located near any other active raptor nest site (except American
kestrels) shall be on"uarter (1/4) mile (1,320 feet).
(2) Intensive Use Buffer
Intensive uses such as commercial, industrial or motorized commerciaUorganized recreational uses, open pit
mineral extraction or the construction of roadways shall require a building or structure buffer of minimum of
one thousand (1,000) feet from any wildlife habitat area in Rum/ Areas, and five hundred (500) feet in Urban
Areas.
(3) Endangered, Threatened, or Rare Species
No structure shall be located in rare, threatened, or endangered species critical habitat. There shall be a minimum
one-half 112 mile (2,640 foot) buffer between any building or structure and any threatened or endangered
species critical habitat. There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between rare and/or
imperiled species habitat
(4) Important Waterfowl and Wading Bird HabitatArea
There shall be a minimum three hundred (300) foot buffer between any building orstructure and important
waterfowl and wading bird habitat areas. Within all important waterfowl and wading bird habitat dogs shall be
kenneled within fifty (50) feet of the residential buildings or leashed under human supervision.
(5)Wildlife Migration Corridors
There shall be a minimum one-quarter (1 /4) mile (1,320 foot) buffer between any building or structure and
wildlife migration corridors.
(6) Severe Winter Range, Winter Concentration Area
There shall be a minimum one-quarter (1/4) mile (1,320 foot) buffer between any building or structure and critical
habitat severe winter range, and/or winter concentration areas.
(7) Production Area
If development is approved adjacent to ungulate (bighorn sheep, mule deer and elk) production areas, there
shall be a minimum one-quarter (114) mile (1,320 foot) buffer between any building or structure and production
areas.
(e) General Livestock and Domestic Animals
The following standards shall apply to all habitat areas unless a standard for livestock and domestic animals in
relation to specific species is provided in subsection (f) below, in which case the standards in subsection (f) shall
govern.
(1) Wetland and Riparian Areas
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Activities that involve the keeping of livestock and/or horses adjacent to wetlands or riparian areas or their buffer
areas shall include provisions in the Site Plan that protect the wetland and buffer areas from damage due to such
domestic animals or livestock
(2) Winter Range, Severe Winter Range, and Winter Concentration Areas and Critical Habitat
If development is approved within winter range, severe winter range and/or winter concentration areas, dogs
shall be kenneled within fifty (50) feet of the residential buildings or leashed under human supervision when
outside a required kennel.
(3)Wildlife Migration Corridors
If development is approved within migration corridors, dogs shall be kenneled within fifty (50) feet of the
residential buildings orleashed under human supervision when outside a required kennel within a 14 mile (1,320
feet) of migration corridors and within or adjacent to migration patterns, transition range, or highway crossings.
(4) Wildlife Production Areas
If development is approved within or adjacent to wildlife production areas, dogs shall be kenneled within fifty (50)
feet of the residential buildings or leashed under human supervision when outside a required kennel. If livestock
is present, a livestock management plan shall be required to prevent interference with wildlife production.
(5) Predation
Ifthe County determines that one or more wildlife species on or near the property are subject to predation by
domestic animals, including dogs and cats, the County may impose additional standards to reduce or eliminate
such predation.
(6) Overgrazing
Overgrazing of ranges by livestock shall be avoided. (f)Additional Species -Specific Standards
(1) Deer Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range
Development is prohibited within deer, elk, and bighorn sheep winter concentration areas and severe winter
range areas. In the event that an application is denied because there is no hazard -free area on a site, and an
appeal is later granted pursuant to Sec. 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed
activity or development shall be reviewed according to the following standards and shall comply with Secs.
7-20-70(b), (c), and (e). Approved development shall:
(a) Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses
from December Istthrough March 31st.
(b) Prohibit dogs within or adjacent to elk mule deer, and bighorn sheep severe winter ranges and winter
concentration areas, except for dogs working as part of an agricultural operation.
(2) Deer, Elk and Bighorn Sheep Winter Range
Land uses located in deer, elk or bighorn sheep winter range shall comply with Sea. 7-20.70(6), (c) and (e), and
the standards in this section.
(a) High impact recreational uses are prohibited.
(b) Dogs within oradjacent to winter range shall be kenneled, except for working dogs when at work
(3) Deer and Elk Migration Pattems7Comidors and Highway Crossings
Development that blocks a deer or elk migration corridor and prevents migration between summer and winter
ranges is prohibited. In the event that an application is denied because there is no hazard -free area on a site, and
an appeal is later granted pursuant to Sec 2-20-180 or relief is granted pursuant to Sec. 2-40-150, the proposed
activity or development shall comply with Sea. 7- 20-70(b), (c), and (e), and the standards in this section.
(a) Dogs within one-quarter (174) mile (1,320 feet) of mule deer and elk migration corridors and patterns shall be
kenneled, except for working dogs when at work
(4) Deer and Elk Production Areas
Development is prohibited within deer and elk production areas. In the event that an application is denied
because there is no portion of the site outside of a deer or elk production area, and an appeal is later granted
pursuant to Sec 2-20- 180 or relief is granted pursuant to Sec 2-40-90 or Sec. 240-130, the proposed activity or
development shall comply with Sea. 7-20-70 (b), (c), and (e), and shall be reviewed according to the following
standards. Approved development shall:
(a) Prohibit other activities during the calving season that would disrupt reproduction.
(b) Dogs am prohibited within one-quarter (174) mile of deer or elk production areas. Dogs within one-half (172)
mile of deer or elk production areas shall be kenneled.
(c) Manipulation of vegetation is prohibited, except as approved by the Colorado Division of Wildlife or a wildlife
expert approved by Pitkin County.
(g) riming of Construction
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(1) Winter Range, Severe Winter Range, and Winter Concentration Areas
No construction shall be permitted from December 1st through March 31 st if the proposed development is
within one-quarter (174) mile (1,320 feet) of a severe winter range or winter concentration area. This restriction
shall also apply to winter range areas if recommended by the Colorado Division of Wildlife, or other expert
acceptable to the County, due to site specific circumstances, and/or cumulative habitat loss.
(2)Wildlife Migration Corridors
No construction shall be permitted within or adjacent to wildlife migration corridors between October 15th and
November 30th or between April 15th and May 30th.
(3)Wildlife f}oduction Areas
(a) No construction shall bepermitted in or adjacent ro wildlife production areas between May 75th and June
30th.
. Sec. 7-20-120(d): Scenic Yew Protection Areas -as viewed from McLain Flats Road
The existing Main Residence is partially hidden by the knoll from Mclain Flats Road and
will block the view of the proposed structure. Attachment #11 from Google Earth
indicates the line of sight and distance (approximately 990 feet from Mclain Flats Road to
the Miller Art Barn and 660 Feet to the Existing Main House). Attachment #11 shows the
view of the area that contains the subject residence is not visible from Mclain Flats Road.
The proposed addition is situated behind the existing main residence that is closest to
Mclain Flats Road so as to minimize perceived mass (see Attachment #11). The addition is
located on the rear portion of the site not on or near a ridge.
Preservation of the character of Pitkin County requires careful attention to the visible impacts of proposed
development. In general, the standards of this Sec 7-20-120 are designed to minimize the visual impact of new
development (including expansions to existing structures) when viewed from designated road corridors, as well
as to preserve the rural character of all Rural Areas of the county. Scenic View Protection Areas shall be
considered at the time of Site Plan approval and Building Permit issuance.
(a)Intent
The intent of this Sec 7-20-120 is:
(1)To establish a Scenic View Protection Area that includes lands that are proximate to and most visible from
specific roads in the County, with specific concerns for the areas that constitute the visual entrance "image' and
passage through Aspen and Pitkin County as well as views of ridgelines from those roads.
(2)To maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines and
skylines throughout the County as viewed from public roadway corridors.
(3)To insure that new development is designed and located to complement the natural landscape and the
natural features within the public viewplane in order to achieve an aesthetically pleasing, rural atmosphere.
(4)To reduce visual damage to the natural landforms and views throughout the County.
(b)Applicability
(1)AII areas shown on the County's Scenic View Protection Area maps, which are maintained in the Community
Development Department shall comply with the standards of subsection (d) below. The Scenic View Protection
Area map includes scenic foreground areas, public viewplanes, and ridgelines. The mapped areas are identified
as viewed from the following rights-of-way:
(a) State Highway 82
(b) Brush Creek Road,
(c) Capitol Creek Road; (d) Snowmass Creek Road, (e) State Highway 133;
(f) Frying Pan Road;
(g) Castle Creek Road;
(h) Maroon Creek Road;
(i) West and East Sopris Creek Roads,
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(j) Owl Creek Road;
(k) Upperand Lower River Roads;
(1) McLain Flats Road; and
(m) Woody Creek Road.
(n) Emma Road
(o) Coal Creek Road
(p) Thompson Creek Road (North, Middle, and South Forks), (q) Watson Divide Road
(r) Prince Creek Road; and
(s) Lime Creek Road
(2) All development in the Rural Area shall be sited in consideration of the rural character guidelines of
subsection (e) below.
(c) Exemptions
These standards shall not apply to:
(1)Activity or development that is covered by a valid building permit
(2) All interior remodels that do not change any outside visual aspect of the structure.
(3) Lots within platted subdivisions approved by the County, which have designated Activity, Building or
Development Envelopes, unless the terms of the approval require ridgeline or scenic review prior to construction.
(4)Any proposed development for which the Community Development Director determines that:
(a) The proposed development is not visible from those rights-of-way listed in subsection (b) above; or
(b)A proposed addition to or remodel of an existing structure or a proposed accessory structure has been
located to minimize perceived mass when viewed from those rights-of-way listed in subsection (b) above and has
been placed so it does not project above a ridgeline. The new or remodeled/expanded structure shall not
silhouette against the sky when viewed from those corridors listed in subsection (b) or
(c) The development is exempt from Activity Envelope and Site Plan Review pursuant to Sec. 7-10-30(a) (b), (e), (f)
and (g).
(d) For purposes of this section, visible means that a structure or use is discernible to the naked eye from the
designated roadway.
(e) Standards for Development within Scenic View Protection Areas
All non-exempt development located within a mapped Scenic View Protection Area shall comply with the
following standards.
(1) The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills, and
existing trees, to screen buildings to the maximum extent practicable when viewed from those right -of -"y listed
in subsection (b) above.
(2)The proposed development shall avoid the location of structures within the Scenic View Protection Areas, and
shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan
and Down Valley Comprehensive Plan if possible. If location outside the Scenic View Protection Area and defined
lrewplanes is not practicable, then the proposed development shall not be located on the highest ground or
most visible portion of any site as viewed from those corridors listed in subsection (b) above.
(3)The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable,
the visibility of buildings from those corridors listed in subsection (b) above. This may include, but shall not be
limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building
fa{.ades to avoid a wall or row effect and staggering roofllnes to avoid a long unbroken plane.
(4)The proposed structure shall be placed so it does not project above a ridgeline. The structure shall not
silhouette against the sky when viewed from those corridors listed in subsection (b), unless there are no alternate
building sites on the lot orparcel.
(5) The proposed development shall be designed to complement the natural topography of the land through the
use of techniques such as earth -sheltered design, the use of natural materials and coloring, the use of low -
reflectance materials, or clustering of structures on the least visible portions of the site. When a building is
proposed near ridgeline, then its form (particularly its roof form)shall replicate, parallel, or complement the
natural form of the ridgeline so that it appears to be an element of the natural ridgeline.
(6) The proposed development shall preserve natural vegetation and avoid development within irrigated
meadows, to the maximum extent practicable.
(7)The proposed development shall install utilities in locations and through procedures that minimize visual
impacts to the maximum extent practicable.
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(8) All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of-way
listed in subsection (b), and shall use earth tone colors and/or screening to minimize their visual impact
(9)The proposed development shall not use earth moving and berms as the primary means of compliance with
these regulations, but earth moving may be utilized in conjunction with other techniques to comply with
standards in this section. Where earth moving techniques are necessary, man-made forms should be undulating
and natural in appearance.
(10) In the Rural Areas only, development shall be located so that activities and development occur in at lean one
of the locations specked in subsection (e) as they may apply to the particularproperty.
(11) Earth Tone Materials
The exterior of all development, except development located and designed in the form of a ranch compound,
shall be bulk or painted with indigenous earth tone materials or colors. The exterior of a ranch compound should
be bulk or painted with indigenous earth tone materials, or shall be painted or stained using local, traditional
ranch colors, which shall include shades of red, brown, or white. paints or stains that simulate weathered barn
wood also shall be permitted.
(12) Roofs
All roofs shall have a non -reflective color or composition. Reflective roof materials shall not be used unless the
materials are treated prior to installation to eliminate reflection, with the exception of materials associated with
solar or photovoltaic equipment
(13) Revegetation of Disturbed Areas
Lands disturbed by earth moving or berms should be revegetated using native species that are already growing
on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the
revegetated areas if it is necessary to ensure survival of planted native species.
(14) Driveways Avoid Dividing Meadows and Pastures
To the maximum extent practicable, roads and driveways shall be located to skirt the edge of and avoid dividing
meadows and pastures and to avoid major mad cuts. Roads and driveways should take advantage of the
screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used
where practical To enhance screening, a row of trees may be planted along the roads or driveways. To the
maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out
with soh curving edges and shall avoid straight line corridors that are incongruous with the natural setting.
. Sec. 7.20-120(e). Rural Character Building Guidelines
The applicant shall conform with the guidelines set forth in the Rural Character Building
Guidelines 7-20-120(e). The building is designed to be homogenous with the existing
structures. The materials on the barn will be a stained cedar board, stone and a metal roof
to be similar to the existing residence. The building is located on the furthest point from
Mclain Flat that is possible on the given site and also has been placed so the existing
building blocks the view or the structure as can be seen in the computer rendering and
photographs taken from Mccain Flats. The building is also clustered with the other
buildings on the site and not located in or around the pasture area.
(e) Rural Character Guidelines for Building Location
In addition to complying with the standards of subsection (d) above (if applicable), all development in Rural Areas
should be located so that activities and development occur in one or a combination of the following locations as
they may apply to the particular property: (1) at the edge of an open meadow or pasture; (2) behind an existing
stand of vegetation; (3) behind or built into a change in natural topography, or (4) within a pasture or meadow,
clustered in the form of a ranch compound, or adjacent to or integrated into an existing ranch compound. Where
guidelines reference distances from a road, and more than one road borders the property, the guideline applies
to the road carrying the greateramount of traffic Guidelines for each of these locations follow:
(1) Development Located at Edge of Meadow or Pasture
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When located at the edge of an open meadow or pasture, the development shall comply with the following
standards:
(a) Distance
Located at the greatest practicable distance from the road and, where applicable, R shall be located adjacent to
existing development
(b) Edge of Meadow or pasture
Located along the edge of the meadow or pasture, where the meadow or pasture meets the toe of a hillside, or
on a relatively less steep, lower hillside area adjacent to the meadow.
(c) Separate Developed Areas
Located so as to separate developed areas that from natural areas and pastures, and to preserve open space in
the largest contiguous tracts practicable, taking into account the allowed densities and uses.
(2) Development Located Behind Existing Stand of Vegetation
When located behind an existing stand of vegetation, the development shall comply with the following
standards:
(a) Scale of Development
The scale of the development shall not interrupt or obscure the existing occurring stand of vegetation behind
which it is located.
(b) Supplementary Vegetation
Where natural vegetation does not adequately screen the development as determined by the visual analysis,
native vegetation shall be planted to augment the existing vegetation and maintain the visual integrity of the
protected view.
(3) Development Behind or Built into Natural Topographic Break
When located behind a natural topographic break or built into the natural topography in an earth -sheltered
design, development shall comply with the following guidelines:
(a) Scale
Scale and height of the development shall be subordinate to the natural change in topography.
(b) Earth Moving
Earth moving shall be used to the minimum extent practicable to extend a naturally occurring topographic
change and screen the development but not to create a new, man-made landform.
(4) Ranch Compound within Irrigated Pasture or Meadows
When development is located within an irrigated pasture or meadow in the form of a ranch compound or
adjacent to or integrated into an existing ranch compound, it shall comply with the following guidelines.
(a) Views to Rear Porton of Property
it shall not preclude views from the public road to the rear portions of the pasture or meadow.
(b) Clustering Structures
Structures shall be clustered together in close proximity to preserve the maximum amount of the meadow or
pasture as open areas.
(c) Native Vegetation
Native vegetation shall be planted to mimic either the existing species composition and pattern of growth or
traditional farm and ranch -stead planting patterns (e. g., clustered or linear tree plantings to act as windbreaks).
Applicants are strongly advised to use native plant materials and consider Colorado Division of Wildlife
recommendations with respect to their relative attractiveness to wildlife.
(5) Partial Impracticability
If a portion, but not all, of the proposed activity or development can be located in conformance with the
guidelines in subsections (1) through (4) above, then the portion that cannot be located in conformance with such
guidelines shall be located in accordance with the following guidelines:
(a)Along front Edge of Meadow or Pasture
To the extent practicable, it shall be located along the front edge of the meadow or pasture and in proximity to
similarly situated development on adjacent lands.
(b) Maintain Contiguous Open Space
It shall be located so as to maintain the largest amount of contiguous open space practicable, in relation to the
scenic view being protected.
(c) Screening of Development
The development shall be screened with native vegetation planted to mimic either the existing species
composition and pattern of growth or traditional farm and ranch -stead planting patterns (e.g., clustered or linear
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio Page 20 of 24
0000%0
tree plantings to act as windbreaks). Applicants are strongly advised to use native plant materials and consider
Colorado Division of Wildlife recommendations with respect to their relative attractiveness to wildlife.
(6)Ahemate location
Proposed development may be located in an area of the property that is not in conformance with the guidelines
in subsections (1) through (5) above, if the applicant can demonstrate that the proposed location will have less
scenic impact than if the development was shed in conformance with the guidelines.
. Sec. 7.20-130: landscaping and Vegetation Protection
The applicant agrees to comply with the landscape and vegetation protection measures
incorporated in this standard. Natural vegetation will be preserved to the maximum
extent practicable, and any installed landscaping will use the species plant materials
naturally occurring on the site. Indigenous trees, Colorado Spruce and Aspen, shall be
clustered in natural groupings. New trees will enhance existing trees and will be placed in
a natural, random order while providing ample screening of the visual impacts.
There is currently a gravel driveway to the residence will be used during construction and
the existing main parking will be used for construction staging to minimize impact to the
natural environment. See the Attachment #12 Construction Management Plan
(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 speck types of man made improvements are
screened from view in 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 vaned by a wildfire expert approved by the County, the provisions of Sec 7-20-60 shall
govern.
(3) Berms
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
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, bam, 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) VisibilityClearance
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
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio Page 21 of 24
000021
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 forsuch 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
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.
(c) Required Landscaping in Rural Areas In the Rural Area:
(1) Landscaping is required for the following purposes: (i) to screen satellite dishes and other
telecommunications equipment when located within five hundred (500) feet of adjacent public roads and visible
from such roads, and (ii) to screen parking areas and service areas when viewed from adjacent public roads, (iii)
where necessary to comply with the standards of Secs. 7-20.70, 7-20- 80, or 7-20-120, and (iv) to revegetate
disturbed areas.
(2) Landscape treatments shall cluster shrubs and trees into groupings similar to those naturally occurring on the
site or neighboring sites, shall use indigenous species of shrubs and trees, and shall not be installed in regularly
spaced lines or rows, unless more specific provisions of Sea. 7-20-70, 7-2080, or 7-20-120 require a different
treatment.
(d) Required Landscaping in Urban Areas In the Urban Area:
(1) Where Required
Landscaping is required for the following purposes for new development on the property., (i) to screen satellite
dishes and other telecommunications equipment when located within two hundred (200) feet of adjacent public
roads and visible from such roads, (ii) to screen non-residential parking areas and service areas when viewed from
adjacent public roads, (iii) to create a landscaped street edge in the B-2 zone district, (iv) to break up required
parking areas in the B-2 zone district into smaller cells"of parking, and (v) to break up the perceived mass of
larger buildings in the B-2 zone district through the use of foundation plantings.
(2) Minimum Areas and Plant Densities Required
All required areas for landscaping, buffering, or screening shall comply with the following standards unless these
standards conflict with another development standard in this Chapter 7.
(a) Satellite Dishes and Telecommunications Equipment
Landscape treatments shall use indigenous species of shrubs and trees and shall be sufficient to block visibility of
seventy-five (75)percent of the dish or equipment within three (3)years of planting.
(b) Non -Residential Parking Areas and Service Areas in all Zone Districts, and Street Edge in B-2 Zone District
Screening for non-residential parking areas and service areas shall be at least fifteen (15) feet in width and shall
have at least (1) large tree (minimum 30 foot height at maturity) per fifty (50) linear feet of landscape area, plus
one (1) shrub per ren (10) feet of linear landscape area, plus two (2) groundmver plants per each five (5) linear
feet of landscape area.
(c) Parking Cells in B-2 Zone District
Landscaped islands shall be used to break up parking into cells" containing no more than forty (40) parking
spaces, and the landscaped islands shall cover at least five (5) percent of the gross area of the parking lot,
including areas for driving aisles, but excluding any areas occupied by perimeter landscaping along adjacent
public streets. Each landscaped island shall be a minimum of eight (8) feet wide and shall contain at least one (1)
medium tree ( minimum 20 feet height at maturity) per fifty (50) feet of linear length, plus one (1) shrub per ten
(10) feet of linear landscaped area, plus two (2) groundmver plants per five (5) linear feet of landscaped area.
(d) Building Perimeter Landscaping in B-2 Zone District
Shrubs shall be planted within ten (10) feet of the foundation of the primary structure along each building fapde
visible from an adjacent public road, at the rate of at least twenty (20) shrubs per one hundred (100) linear feet of
visible building fagade. Foundation plantings may be clustered to provide interest, and plants of larger size or
differing species shall be installed adjacent to the main pedestrian entryway to each building to emphasize that
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio Page 22 of 24
000022
entryway. The Community Development Department may waive foundation planting requirements for portions of
the sides or rears of buildings where loading areas or other similar areas precluding planting.
(e) Alternative Approaches
Plant spacing and densities differing from those in subsections (a) through (d) above may be approved if the
Community Development Department determines that such alternative will include at least the same amount of
living landscape material and will have an equally landscaped appearance when viewed from adjacent roads and
properties.
(c)Tree Removal (1) Intent
The intent of these tree removal standards is to manage the removal of trees in order to preserve scenic
resources, to maintain air and water quality, to protect wildlife habitat areas, and for the continued health, safety
and welfare of the people of Pitkin County. This section applies to minor tree removals and does not implicate
logging as per Sec. 4-30-20 (f) or removals that will change the character of the site or parcel.
(2)Applicability
A tree removal permit is required for removing, damaging, destroying, or altering the natural character of trees sir
(6) inches Diameter-Breast-Height (D. B. H.) or greater whose aggregate D.B.H is twenty four (24) inches or greater
in a twelve (12) month period, or for any tree twelve (12) inches D.B.H. or greater. The term damaging, destroying,
or altering trees includes but is not limited to activities such as topping, girdling, irresponsible pruning, damaging
driplines, and poisoning.
(3) Prohibited Activities
(a) Removing, damaging or destroying trees or other vegetation including snags within one hundred (100) feet of
riparian and wetland areas and buffers identified in Sec. 7-20-80(aX 1) is prohibited unless approved by Pitkin
County pursuant to other sections of this Land Use Code.
(b) Removing, damaging or destroying trees or other vegetation within wildlife production areas is prohibited
unless approved by Pitkin County pursuant to other sections of this Land Use Code.
(c) Removing, damaging or destroying trees containing significant wildlife habitat such as raptor habitat raptor
nest sites, and raptor winter roost sites or disturbing trees containing nesting birds listed on the Migratory Bird
Treaty Act pursuant to the Migratory Bird Treaty Act.
(d) Removing non-hazardous, tall, overly mature trees or standing dead trees (snags) at a rate that would leave
less than two (2) to five (5) per acre.
(4) Exemptions
A tree removal permit is not required for:
(a) Removal of trees that have either been approved or required pursuant to a development approval granted by
the County.
(b) Removing trees with a D.B.H between six (6) inches and twelve (12) inches whose aggregate D.B.H is less than
twenty four (24) inches in a twelve (12) month period, provided the trees are not within one hundred (100) feet of
riparian and wetland areas and buffers identified in Sec. 7-20-80(aX 1)
(c) Removing, damaging or destroying trees with a D.B.H. of less than six (6) inches, provided the total area
disturbed is less than two hundred (200) square feet and provided the trees are not within one hundred (100)
feet of riparian and wetland areas and buffers identified in Sec. 7-20-80 (aX i).
(d) Removing trees in times of emergency, including the repair or restoration of public roads, electrical lines,
natural gas lines, water lines, sewage lines, and storm drainage systems, when immediate action is necessary to
protect public health or safety or to prevent imminent damage to property.
(5) Tree Removal Permit
A tree removal permit shall include the following:
(a) She Plan
A she plan shall include property lines, easements, structures, roads, and the location, species and D.B.H. of all
trees proposed to be removed.
(b)Tree Replacement Plan
Trees six (6) inches D.B.H. or greater which are removed beyond the aggregate exemption, or any tree twelve (12)
inches D.B.H. or greater shall be replaced with a tree of comparable, though not necessarily identical, size based
on a caliper-for caliper basis to the maximum extent practicable (e.g. a 14 inch caliper tree is replaced with two
(2) seven (7) inch caliper trees) unless exempt pursuant to 7-20-130 (eX6). Species and general location of the
replacement trees shall be represented on the submitted site plan. Any required 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(bX7).
Re: LOCATION: White Horse Springs Lot 12 and 12a
(c) Revegetation Plan
Revegetation plans shall provide that all disturbed areas be reestablished with appropriate tree and ground cover
vegetation, and all removed vegetation will be properly disposed of. The finished, final condition of the property
shall be in accordance with the approved plan.
(6)Tree Replacement & Permit Fee Exemptions
Under certain conditions, tree replacement will not be required and a permit fee will be waived. These conditions
include but are not limited to controlling parasites, controlling invasive non-native species, or implementing
wildfire mitigation as part of a fire district or Pitkin County approved fire mitigation plan. To be exempt from
replacement and permit fees, a tree removal permit application containing a report from a certified arbor
professional, local fire district personnel, or county recognized wildfire expert documenting the condition of the
tree and the harmful condition created if removal does not take place must be submitted and accepted by the
County.
Summary:
The applicant is proposing to build a new, freestanding Art Studio Barn and is asking to
establish a Mclain for the building. This land use application has demonstrated
compliance with the Land Use Code standards identified in the Pre -Application
Conference Summary (See attachment #2).
Best Regards,
Cristof Eigelberger
Principal Architect (CO, CA, FL)
Cell: 415-819-6284
Re: LOCATION: White Horse Springs Lot 12 and 12a
PID# 264327400008 PROJECT: Miller Art Studio
0000.%,+
Page 24 of 24
Attachment #1
Vicinity Map:
Site location:
292 Sunnyside lane
Aspen COSSR:
LOCATION: White Horse Springs Lots 12 and
12a PID# 264321400008
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Attachment #2
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: White Horse Springs Lots 12 and 12a PID# 264327400008
LOT SIZE: 13 acres ZONE: RS -20
OWNER: Sweet Aspen Sunnyside LLC
REPRESENTATIVE: Briston Peterson PHONE/EMAIL: 948-5597; bristoriftrikor.com
PLANNER: Mike Kraemer DATE: January 9, 2015 (revised 3-7-16)
PHONE: (970) 920-5482 E-MAIL: michael.kraemer@pitkincountv.com
Type of Application: Activity Envelope and Site Plan Review
Description of Project/Development: The Applicant requests Activity Envelope and Site Plan review
approval for construction of a detached horse barn/office. An Activity Envelope recorded at 13100 P18 was
previously approved and is no longer vested.
Land Use Code Sections to be addressed in letter of request (application):
• Sec. 7-10-50 & 60: Activity Envelope and Site Plan
• Sec. 7-20-10: Site Preparation and Grading
• Sec. 7-20-10: Site Preparation and Grading;
• Sec. 7-20-20: Slopes
• Sec. 7-20-60: Wildfire (mapped within a low hazard);
• Sec. 7-20-70: Wildlife (area not mapped within big game range)
• Sec. 7-20-120(d): Scenic View Protection Areas — as viewed from McLain Flats Road
• Sec. 7-20-120(e): Rural Character Building Guidelines
• Sec. 7-20-130: Landscaping and Vegetation Protection
Review by: Community Development Director
Public Hearing: NO. However, notice is required via posting, mailing and publication. The
Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for
the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the
Applicant shall mail notice (by certified mail) to all owners within 300' of the property and mineral estate
owners with the return address of the Community Development Department (form of notice to be
obtained from the Community Development Department). The names and addresses shall be those on
the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the
public hearing. A property owner receiving the public notice shall have 2 weeks from the date the
notice was postmarked to submit comments or objections to the Community Development Department.
Staff will refer the application to the following agencies: None.
FEES: $3,954 (make check payable to "Pitkin County Treasurer")
• $3,900 Planning Office flat fee (non-refundable; based on 12 hours of staff time. If staff review time
exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $34-2/
hour)
• $54 Public Notice Fee .3a'5..
To apply, submit 1 copy of the following information:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above.
2. 24" by 36" and 11" x 17" Activity Envelope and Site Plan as designated in Section 2.1.11 and 2.1.12
of the Pitkin County Land Use Application Manual;
0000?G
3. Disclosure and proof of ownership of the property, consisting of a current certificate from a title
insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all
owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements
affecting use and development of the parcel and proof of the owner's right to use the land for the
purposes identified in the development application.
4. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map
locating the subject property within Pitkin County;
5. Consent from the owner of the property for the representative to process the application and represent
the owner;
6. List of all property owners and mineral estate owners within 300' (1 copy).
7. Total fee for review of the application;
8. Signed fee agreement (form attached);
9. Copy of this pre -app form
NOTES:
PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETEAPPLICATION.
THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
> This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staffs
interpretations based upon representations of the applicant. Additional information may be required
upon a complete review of the application.
➢ 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.
The Pitkin County Land Use Code and Application Manual is available on-line at:
htt,o.-Ilwww.pitkincounty.com/I96/Land-Use
00001 i'
Attachment #5
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an
ication for
�r, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
Effective 1/26/10
G:county\admin\forms\agreement to pay
0000,3
APPLICANT
Print Name
Signature
Date:
Mailing Address:
ALTA Commitment (6/17/06)
ALTA Commihnent Form
COMMITMENT FOR TITLE INSURANCE
Issued by
E.
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance with
the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
rCotmien;ignaan
Stewart Title
Aspen Division
620 East Hopkins Avenue
Aspen, Colorado 81611
Phone: 970-925-3577
Fax: 970-925-1384
Order Number: 921624
0000/?
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title guaranty company
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Senior Chairmen oft a BoarC
Chairman of the Boam
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President
ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: November 16, 2009 at 8:00 A.M.
2. Policy or Policies To Be Issued:
(a) A.L.T.A. Owner's
Proposed Insured:
LLOYD MILLER
(b) A.L.T.A. Loan
(Extended)
Order Number: 921624
Amount of Insurance
$4,500,000.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the estate or interest in said land is at the effective date hereof vested in:
ASPEN-SUMNER CORPORATION
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
McLain Flats Road
Aspen, Colorado 81611
000030
Statement of Charges:
These charges are due and payable before a Policy can
be issued:
Basic Rate
2006 Owner's Policy: $7752.00
Owner's Extended Coverage: $150.00
Tax Certificate: $20.00
EXHIBIT "A"
Parcel l:
A tract of land situated in Lot 16 of Section 27, Township 9 South, Range 85 West of the Sixth Principal
Meridian, Pitkin County, Colorado, described as follows:
Beginning at a point whence the Southeast Comer of said Section 27 bears
South 21°09'45" East 1865.00 feet;
thence North 68'09'15" East 370.08 feet to a point on the Westerly line of a 60 -foot roadway easement;
thence South 17°20'30" East 108.57 feet along the Westerly line of said 60 -foot roadway easement;
thence South 03°44'30" East 62.35 feet along the Westerly line of said 60 -foot roadway easement;
thence South 29'10'30" West 111.53 feet along the Westerly line of said 60 -foot roadway easement;
thence South 14°57'30" West 130.52 feet along the Westerly line of said 60 -foot roadway easement;
thence South 00°20'30" West 156.56 feet along the Westerly line of said 60 -foot roadway easement;
thence South 06°55'30" East 133.69 feet along the Westerly line of said 60 -foot roadway easement;
thence South 68'09'15" West 83.71 feet;
thence North 21 °50'45" West 616.29 feet to the Point of Beginning.
Parcel 2:
A tract of land situated in Lots 16 and 17, Section 27, Township 9 South, Range 85 West of the Sixth
Principal Meridian described as follows:
Beginning at a point whence the Southeast Corner of said Section 27 bears
South 21°09'45" East 1865.90 feet;
thence South 68°09' 15" West 708.98 feet to the Easterly line of the County Road;
thence South 22°03'40" East 538.13 feet along the Easterly line of the County Road; thence South
27053140" East 78.60 feet along the Easterly line of the County Road;
thence North 68°09' 15" East 698.70 feet;
thence North 21°50'45" West 616.29 feet to the Point of Beginning.
COUNTY OF PIPKIN, STATE OF COLORADO
000031
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 1
REQUIREMENTS
Order Number: 921624
The following are the requirements to be complied with:
1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate
or interest to be insured.
2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as
certified by the County Treasurer.
4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company.
5. Release by the Public Trustee of the Deed of Trust from Aspen -Sumner Corporation for the use of Northern Trust Bank
Of Arizona N.A. to secure $3,400,000.00, dated October 7, 1999 recorded October 15, 1999 as Reception No. 436667.
NOTE: Modification of above deed of trust recorded October 24, 2004 as Reception No. 503402.
6. Release by the Public Trustee of the Deed of Trust from Aspen -Sumner Corporation for the use of Community banks of
Colorado Basalt to secure $3,575,000.000, dated lune 8, 2007 recorded lune 20, 2007 as Reception No. 539141.
This Deed of Trust secures an equity line of credit and/or revolving loan. The Company requires a satisfactory written
statement from the existing lender confirming: (a) the payoff amount; (b) that the line of credit has been closed or frozen,
and no further draws/advances will be permitted and/or the right to future advances has been terminated, and (c)
agreement to deliver a full Release of Deed of Trust upon payment of the outstanding balance.
7. Relating to Aspen -Sumner Corporation, The Company requires for its review the following:
a) A satisfactory resolution of the Board of Directors authorizing the proposed transaction (Shareholders Resolution
where applicable)
b) Execution of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S.
Note: The Colorado Secretary of State shows this company in good standing.
8. THE FOLLOWING REQUIREMENT IS FOR DELETION OF SURVEY EXCEPTIONS 2 AND 3
OF THE OWNERS POLICY:
A SURVEY, meeting the minimum detail standards of the ALTA/ACSM, Survey OR
IMPROVEMENT LOCATION CERTIFICATE, prepared by a registered Colorado surveyor, within
the last TWO MONTHS, must be presented to Stewart Title Guaranty Company, for its approval
prior to the deletion of any survey exceptions from the OWNERS POLICY.
Stewart Title Guaranty reserves the right to take exception to any adverse matters as shown on said
survey, or make further inquiry or requirements relative thereto.
000032
Said Survey, must be certified to Stewart Title of Colorado and/or Stewart Title Guaranty Company.
9. Deed from vested owner(s) vesting fee simple title in the purchaser(s).
Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording
of deeds CRS 38-35-109 (2).
000033
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B — Section 2
EXCEPTIONS
Order Number: 921624
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, 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 a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
covered by this commitment.
6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the
issuance thereof.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or
inclusion in any water service or street improvement area.
10. 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 April 19, 1911 in Book 55 at Page 529 as Reception No. 74635.
11. Right of way for ditches or canals constructed by the authority of the United States, as reserved in
United States Patent recorded December 10, 1914 in Book 55 at Page 540 as Reception No. 77026.
12. Protective Covenants recorded December 22, 1966 in Book 224 at Page 480 as Reception No.
126207, and in Deed recorded December 5, 1962 in Book 200 at Page 147 as Reception No.
114490.
13. Easement for irrigation water as disclosed by Deed recorded December 22, 1966 in Book 224 at Page
000001.+
480 as Reception No. 126207.
14. Easement contained in instrument recorded December 5, 1962 in Book 200 at Page 147 as
Reception No. 114490.
15. A right of way contained in instrument recorded December 5, 1962 in Book 200 at Page 147 as
Reception No. 114490.
16. Administrative Decision No. 22-2000 by Pitkin County Community Development recorded May 10,
2000 as Reception No. 443185.
17. Determination of the Hearing Officer of the Community Development Department of Pitkin County,
Colorado, Approving the Aspen Sumner Corporation 1041 Hazard Review, Conceptual Submission,
and Special Review for a Caretaker Dwelling Unit and TDR Receiver Site, Determination No. 29-
2002 as set forth in instrument recorded August 14, 2002 as Reception No. 470965.
18. Easements, rights of way and other matters as shown and contained on Aspen -Sumner Corporation
1041 Hazard Review Site Plan recorded November 13, 2002 in Plat Book 63 at Page 26 as Reception
No. 474749.
19. Determination of the Hearing Officer of the Community Development Department of Pitkin County,
Colorado, Approving the Aspen Sumner Corporation 1041 Hazard Review, Special Review and
GMQS Exemption for a CDU and Use of TDRs for Additional Floor Area Up to 10,750 Square Feet,
Determination No. 32-2005, recorded November 15, 2005 as Reception No. 517421.
20. Determination No. 07-2008 by Pitkin County Community Development recorded June 10, 2008 as
Reception No. 550178.
21. Resolution No. 122-2008 by Pitkin County Commissioners recorded December 11, 2008 as
Reception No. 554950.
22. Resolution No. 028-2009 by Pitkin County Commissioners recorded May 19, 2009 as Reception No.
559101.
NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and or
buyer/borrower execute the Company's affidavits, as required herein, and the Company approves
such deletions. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives
and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the
policies, provided the Company, or its authorized agent, conducts the closing of the proposed
transaction and is responsible for the recordation of the documents.
000035
DISCLOSURES
Order Number: 921624
Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. The subject real property may be located in a special taxing district;
B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the
county treasurer's authorized agent;
C. Information regarding special districts and the boundaries of such districts may be obtained from the board of
county commissioners, the county clerk and recorder, or the county assessor.
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall
be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts
the closing and is responsible for recording or filing of legal documents resulting from the transaction which was
closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording
the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the
Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception
No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's
and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for
unrecorded liens will include: disclosure of certain construction information; financial information as to
the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity
agreements satisfactory to the company; and, any additional requirements as may be necessary after an
examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to C.R.S. 10-11-123, notice is hereby given:
A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
B. That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions,
in Schedule B, Section 2.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES
REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
000036
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also
require us to tell you how we collect, sham, and protea your personal information. Please read this notice carefully to understand how we use your personal
infortrmatioa This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to
Title V ofthe Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This information can
include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to
process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information;
the reasons that we choose to share; and whether you can limit this sharing.
For our everyday business purposes— to process your transactions and maintain your
0
We must notify you about our sharing practices when you request a transaction.
about their practices?
account. This may include running the business and managing customer accounts, such as
Yes
No
processing transactions, mailing, and auditing services, and responding to court orders and
measures that comply with federal and state law. These measures include computer, file,
legal investigations.
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
For our marketing purposes— to offer our products and services to you.
Yes
No
For joint marketing with other financial companies
No
We don'tshare
For our affiliates' everyday business purposes— information about your transactions and
lender involved in your transaction, credit reporting cies, affiliates or other co les.
limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain
experiences. Affiliates are companies related by common ownership or control. They can be
Yes
No
financial and nonfinancial companies. Our affiliates may include companies with a Stewart
name; financial companies, such as Stewart Title Company
For our affiliates' everyday business purposes— information about your
We don't share
creditworthiness.No
For our affiliates to market to you
Yes
No
For non -affiliates to market to you. Non -affiliates are companies not related by common
No
We don't share
ownership or control. They can be financial and nonfinancial companies.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -
affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their
subsequent use of information, and suggest you refer to their privacy notices.]
How often do the Stewart Title Companies notify we
0
We must notify you about our sharing practices when you request a transaction.
about their practices?
How do the Stewart Title Companies protect my
To protea your personal information from unauthorized access and use, we use security
personal information?
measures that comply with federal and state law. These measures include computer, file,
and building safeguards.
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
personal information?
• request insurance -related services
• provide such information to us
We also collect your personal information from others, such as the real estate agent or
lender involved in your transaction, credit reporting cies, affiliates or other co les.
limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain
instances, we do not share our nal information in those instances.
"SwIfligO
you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company,
Post Oak Blvd., Privacy Officer, Houston, Texas 77056
000037
stewart title
DISCLOSURE
The title company, Stewart Title - Aspen Division in its capacity as escrow agent, has been authorized to
receive funds and disburse them when all funds received are either: (a) available for immediate
withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are
available for immediate withdrawal as a consequence of an agreement of a financial institution in which
the funds are to be deposited or a financial institution upon which the funds are to be drawn.
The title company is disclosing to you that the financial institution may provide the title company with
computer accounting or auditing services, or other bank services, either directly or through a separate
entity which may or may not be affiliated with the title company. This separate entity may charge the
financial institution reasonable and proper compensation for these services and retain any profits there
from.
The title company may also receive benefits from the financial institution in the form of advantageous
interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title
company has with the financial institution. The title company shall not be liable for any interest or other
charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any
time. In the event that the parties to this transaction have agreed to have interest on earnest money
deposit transferred to a fund established for the purpose of providing affordable housing to Colorado
residents, then the earnest money shall remain in an account designated for such purpose, and the interest
money shall be delivered to the title company at closing.
00000 ,
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this
Commitment other than those shown in Schedule B hereof, and shall fail to disclose such
knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure
to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien,
encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of
this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at.
stewart
title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
0000,E ;
Attachment #4
LLOYD I. MILLER 111
222 LAKEVIEW AVENUE, SUITE 160.365
WEST PALM BEACH, FLORIDA 33401
Telephone: (561) 832-3490 Far: (561) 832-3488
March 28, 2016
Re: Consent to Process Pitkin County Application and Represent Owner
To Whom It May Concern,
Regarding the property located at 294 Sunnyside Lane, Aspen, CO 81611 (Location: White
Horse Springs Lots 12 and 12a, Parcel ID #264327400008), the undersigned, registered property
owner of the noted property, hereby authorizes Mr. Briston Peterson of Brikor Associates and
Cristof Eigelberger of Eigelberger Architecture & Design to act on my behalf as the agent and
take all actions necessary for the processing, issuance and acceptance concerning the Pitkin
County site plan review application.
1 hereby certify the above information submitted in this consent is true and accurate to the best of
my knowledge.
A Crlo 4T1 4 YSIDE, LLC.
A C to L d abilit � Company
Lloyd 1. Miller 111
Sole Member and Manager
000040
Attachment #5
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and LLOYD MILLER (SWEETASPEN SUNNYSIDE, LLC.)
(hereinafter APPLICANT) AGREE AS FOLLOWS:
294 SUNNYSIDE LANE, ASPEN, CO 81611
1. APPLICANT has submitted to COUNTY an application for WHITE HORSE SPRINGS LOT 12 AND 12A
PID 264327400008 MILLER ART STUDIO (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that development
shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair
to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ which is based on_ hours of staff time, and if actual time spent by staff to process the
of
application exceeds the average number hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houben
Community Development Director
Effective 1/26/10
G:county\admin\forms\agreement to pay
0000,-? 1
APPLICANT,-^
CRISTOF EIGELBERGER
Print N
Signature
L
Date: 4-19-2016
Mailing Address: 102 SYCAMORE AVE
MII I VAI I FY r:A Q4g41
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000042
Pitkin County Assessor
Parcel Detail Information
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Clerk & Recorder Reception Search I Treasurer Tax Search Search
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I GIS Help
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2015 MM
Lev
009
R006251
264327400003
RESIDENTIAL
30.384
Primary Owner Name and Address
PRUTER DONALD E & VICKIE ANNE
PO BOX 50
PRINCETON, IA 52768
Additional Owner Detail
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 2 Lot: 14 & 14A
Section: 27 Township: 9 Range: 85 TRACT OF LAND IN SE4 OF
SEC 27-9-85 DESC BY M/B CONT
1121.317 AC M/L BK 361 PG 56 BK 384 PG 485 & 16 & 16A 11
Location
Physical Address:
1765 MCLAIN FLATS RD ASPEN
Subdivision: WHITE HORSE SPRINGS
Land Acres: 21.320
Land Sq Ft: 0
Section
Township IF
Range
27
9 =1
85
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Parcel Detail
Pitkin County Assessor
Parcel Detail Information
Assessor Property Searc I Assessor Subset Query I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Ma I GIS Help
Basic Building Characteristics I Value Summary
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
Owner Detail I Land Detail I Photographs
000043
Tax
Area
Account
Number
Parcel
Number
Pro er a
p ty
2015 Myill
Le
009
R006237
264327400001
RESIDENTIAL
30.384
Primary Owner Name and Address
SIMEONE RICHARD & EMILY
520 E COOPER AVE #206
ASPEN, CO 81611
Additional Owner Detail
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 2 Lot: 15 Section: 27
Township: 9 Range: 85 TRACT IN LOTS 8 & 16 OF SEC 27-9-85
DESC BY M/B BK 471 PG
BK 663 PG 432
Location
Physical Address: 2049 MCLAIN FLATS RD ASPEN
Subdivision: WHITE HORSE SPRINGS
Land Acres: 6.550
Land Sq-yt.jj0
Sec I Township Range
271 9 85
Mlp:Uwww.pltkinassessa.ag�msessalparcel.asp?AcewntN=ber=R006237 1/3
3/25/2016
Parcel Detail
Pitkin County Assessor
Parcel Detail Information
As
' , .� r •_
Clerk & Recorder Reception Search Treasurer Tax Search Search
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Parcel Detail I Value Detail I Sales Detail I Residential/Commercialu, , n tDetail
Owner Detail I Land Detail I Photographs
00004+
Tax
Area
Account
Number
Parcel
Number
Pro ert a
p y P
2015 Mill
Levy
009
R006277
264327400002
RESIDENTIAL
30.384
Primary Owner Name and Address
VC SUNNYSIDE LLC
PO BOX 7699
ASPEN, CO 81612
Additional Owner Detail
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 2 Lot: 13 Section: 26
Township: 9 Range: 85 TRACT OF LAND CONT 7.12 AC M/L IN
LOT 12 OF SEC 26 & LOT
1116 OF SEC 27-9-85 DESC BY M/B BK 471 PG 45 II
Location
Physical Address:
372 SUNNYSIDE LN ASPEN
Physical Address:
370 SUNNYSIDE LN ASPEN
Subdivision:
WHITE HORSE SPRINGS
Land Acres:
8.000
Land Sq Ft:
0
Section 11 Township =1 Range
Mip:fwww.pitkir sessm.aglassessmlparce4.asp?AccountN=ber=R006277 1l3
T MA13
Parcel Detail
Pitkin County Assessor
Parcel Detail Information
Assessor Property Search I Assessor Subset Ouery I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Map I GIS Help
Basic Building Characteristics I Value Summary
Parcel Detail I Value Detail I Sales Detail I residential/Commercial Improvement Detail
Owner Detail I Land Detail I Photographs
Tax
Area
Account
Number
Parcel2015
Number
Property Type
Mill
Levy
100
R010496
264327401001
RESIDENTIAL
30.423
Primary Owner Name and Address
JUNIPER ASSET HOLDINGS LLC
600 E MAIN ST # 104
ASPEN, CO 81611
Additional Owner Detail
Legal Description
(Subdivision: MOORE EXEMPTION Lot: A II
Location
Physical Address:
460 SUNNYSIDE LN ASPEN
Physical Address:
462 SUNNYSIDE LN ASPEN
Physical Address:
450 SUNNYSIDE LN ASPEN
Subdivision:
MOORE EXEMPTION
Land Acres:
8.400
Land Sq Ft: I
FO -
2015
2015 Property Value Summary
http:/Aw .pitkirossessor.mg/assessor/pwc,d.asp?AccanWumber=RO10496 1/3
3/252016
Parcel Detail
Pitkin County Assessor
Parcel Detail Information
Assessor PropeM Search I Assessor Subset Q=Ey I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Map I GIS Help
Basic Building Characteristics I Value Summary
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
Owner Detail I Land Detail I Photographs
Tax
Account
Parcel
457 SUNNYSIDE LN ASPEN
ll
NUB
Area
Number
Number
Property T�;Pa
Levy
100
R010498
264327401003
RESIDENTIAL
30.423
Primary Owner Name and Address
LW DEVELOPMENT INC
PO BOX 1470
[ASPEN, CO 81612
Additional Owner Detail
Legal Description
IlSubdivision: MOORE EXEMPTION Lot: C II
Location
Physical Address:
455 SUNNYSIDE LN ASPEN
Physical Address:
457 SUNNYSIDE LN ASPEN
Subdivision:
MOORS EXEMPTION
Land Acres:
4.900
Land Sq Ft:
FO -
2015
2015 Property Value Summary
^., A
Mlp:pwww.pltklttessessor.agfmsmor/parcel-asp?AccountN=ber=R010498 1/3
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Parcel Detail
Pitkin County Assessor
Parcel Detail Information
Assessor Propea Search I Assessor Subset Ouery I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Mao I GIS Help
Basic Building Characteristics I Value Summary
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
Owner Detail I Land Detail I Photographs
Tax
Account
Parcel
357 SUNNYSIDE LN ASPEN
2015 Mill
EXEMPTION
Land Acres:
3.100
Property Type
0
Area
Number
Number
Lev
009
R010497
264327401002
RESIDENTIAL
30.384
Primary Owner Name and Address
CONGER CLARINDA M
PO BOX I 1
SUMMERLAND, CA 93067
Additional Owner Detail
Legal Description
Subdivision.MOORE EXEMPTION Lot: B
Location
Physical Address:
361 SUNNYSIDE LN ASPEN
Physical Address:
357 SUNNYSIDE LN ASPEN
Subdivision: JFMOORE
EXEMPTION
Land Acres:
3.100
Land Sq Ft:
0
2015 Property Value Summary
00004
HIp:Iwww.pitkinassessm.mglmsassor1parcel.asp7AccointN=be —R010497 1/3
3251016
Parcel Detail
Pitkin County Assessor
Parcel Detail Information
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ReceptionClerk & Recorder , I Treasurer Tax Search Search
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Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
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Area
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Number
Parcel
Number
Pro er a
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2015 Mill
Levy
100
R006243
264327400010
RESIDENTIAL
30.423
Primary Owner Name and Address
Additional Owner Detail
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 2 Lot: 10 Section: 27
Township: 9 Range: 85 TRACT OF LAND IN LOTS 16 & 17 OF SEC
27-9-85 DESC BY MB
545 PG 877
Location
Physical Address:
275 SUNNYSIDE LN ASPEN
Physical Address:
273 SUNNYSIDE LN ASPEN
Subdivision:
WHITE HORSE SPRINGS
Land Acres:
15.880
Land Sq Ft:
0
Section 11 Township Range
httpJ/www.pitkinessessa.agtmsws ipacel.asp7AccantNmbh -R006243 .. .. 1/3
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Parcel Detail
Pitkin County Assessor
Parcel Detail Information
Assessor Proper Search I Assessor Subset Query I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Mao I GIS Help
Basic Building Characteristics I Value Summary
Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail
Owner Detail I Land Detail I Photographs
000049
Tax
Area
Account
Number
Parcel
Number
Pro er a
P ty �P
2015 Myill
Le
009
R006242
264327400011
RESIDENTIAL
30.384
Primary Owner Name and Address
2020 MCLAIN FLATS LLC
16 BROOKSIDE DR
LITTLETON, CO 80121
Additional Owner Detail
Legal Description
Fubd—ivision.WHITE LOT LINE ADJ Lot: 16
Location
Physical Address:
2020 MCLAIN FLATS RD ASPEN
Subdivision:
WHITE LOT LINE ADJ
Land Acres:
6.105
Land Sq Ft:
0
2015 Property Value Summary
II II Actual Value II Assessed Value II
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Parcel Detail
Pitkin County Assessor
Parcel Detail Information
Assessor Propga Search I Assessor Subset Query I Assessor Sales Search
Clerk & Recorder Reception Search I Treasurer Tax Search Search
GIS Map I GISHelp
Basic Building Characteristics I Value Summary
PaEceMctail I Value Detail I Sales Detail I Res aden tial/CoT.wb-cmTaflwv-rove.wtntDcW
Owner Detail I Land Detail I Photographs
000050
Tax
Area
Account
Number
Parcel
Number
Pro ert a
p y �P
2015 Mill
Levy
009
R006256
264327400007
RESIDENTIAL
30.384
Primary Owner Name and Address
K & R PROPERTIES OF ASPEN LLC
15852 N 81 ST STREET
SCOTTSDALE, AZ 85260
Additional Owner Detail
Legal Description
Subdivision: WHITE HORSE SPRINGS Block: 1 Lot: 18 Section: 27
Township: 9 Range: 85 TRACT OF LAND IN LOT 17 OF SEC 27-9-
85 DESC BY M/B CONT
119.48 ACM/LBK330PG512 II
Location
Physical Address: 2012 MCLAIN FLATS RD ASPEN
Subdivision: WHTTE HORSE SPRINGS
Land Acres: 9.480
Land Sq Ft: 0
Section
Township Range
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A tract of Ind dtuatd h Late 16 and 17, Sot M 27,
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Mnw N2150I5' W 61629 feet to Me Poht of ftkg.
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- hdbat. /ound mowmsat or desaeed
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farad at Me owf.Aafv canar and c Aske frond at Me aouM.taty canw
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aoasnnts or other ncvmbroncso af,.wd. AN
hh WAo Ps toh A g to axn a 4p evernnts or oMar
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h.. effi"nfs aftod by Sfeevt Nue 6 ty Ca^Pony
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M& awry was Prldmed h Oclabr and Nownbr of 2012
Me MR of mewu ennt uaed b Mb sorry b the U.S SL y root
hdicates OX -15X slopes (no hatching)
- Indicates 15"7-JOX slope (Oats)
-'_ Mdicntes JD.T-45x dopes (doshd)
Indicates 45X -99X and greotef slopes (dashd)
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Acotavey Stndadab tgwgr k mops eters
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MISCELLANEOUS
DOCUMENTS
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on September 16, 2016, the
Pitkin County Community Development Director granted approval for the Sweet Aspen
Sunnyside LLC Activity Envelope and Site Plan Review (Case P039-16; Deter. #075-2016).
The property is located at 292 Sunnyside Lane and is legally described as Lots 12 and
12A, Block 2, White Horse Springs Subdivision. The State Parcel Identification Number
for the property is 2643-274-00-008. 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 SEPTEMBER 29, 2016.
191
PUBLIC NOTICE
RE: Sweet Aspen Sunnyside LLC Activity Envelope and Site Plan Review
(Case P039-16)
NOTICE IS HEREBY GIVEN that an application has been submitted by Sweet Aspen
Sunnyside LLC (1930 South Ocean Boulevard, Palm Beach, FL 33480) requesting an
Activity Envelope and Site Plan review approval for construction of a detached art
studio/office. The property is located at 292 Sunnyside Lane and is legally described as
Lots 12 and 12A, Block 2, White Horse Springs Subdivision. The State Parcel
Identification Number for the property is 2643-274-00-008. 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 June 20,
2016. For further information, contact Mike Kraemer at (970) 920-5482.
Published in the Aspen Times Weekly on May 19, 2016.
Attention All Property Owners within 300' of the subiect 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 June 20, 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://i)itkincounty.com/DocumentCenterNiew/9141
County of Pitkin
ss.
State of Colorado )
AFFIDAVIT OF NOTICE &
MAILING PURSUANT TO
PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
being or representing an
Applicant to the rt in County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public comment deadline to all owners of property within 300' of the
subject property, as indicated on the attached list, on -, 2016(which is 30 days prior to
the deadline of�, 2016). The names and addresses of the adjacent property owners shall
be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to
the public comment.
2. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest
public way) on the 2016 which is at least fifteen (15) days prior to the public
continent deadline. A photograph of the posted sign is attache 1 r o.
Pis Pvlmj��
Applicant's name Signature
(Attach photograph here),
Signed before me this day of
2042by
tili' i Sion Pe f-e�50
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: LP I I I I I 95
Notary Public
Notary Public's Signature
)Nowlanningmdmindaision\adminfomu�aidavitfor Agivi Envekppl'tePlaivCamlaker Dwelling Unit "•� ,
011
PUBLIC NOTICE
RE: Sweet Aspen Sunnyside LLC Activity Envelope and Site
Plan Review
(Case P039-16)
NOTICE IS HEREBY GIVEN that an application has been
submitted by Sweet Aspen SLInnyside LLC (1930 South
Ocean Boulevard, Palin Beach, FL 33480) requesting an
Activity Envelope and Site Plan review approval for
construction of a detached art studio/office. Tile property is
located at 292 Sunnyside Lane and is legally described as
Lots 12 and 12A, Block 2, White Horse Springs Subdivision.
The State Parcel Identification Number for the property is
2643-274-00-008. The application is available for public
inspection in the Pilkin County Conumulily Development
Department, City Hall, 130 S. Galena St., Aspen, CO 81611. I
Comments or objections are due by June 20, 2016. For
further information, contact Mike Kraemer ai (970) 920-
5482.
Published in the Aspen Times Weekly on May 19, 2016
Attention All 121-01MIN'. Owners within 300' orthe subicet
orooert
IQ
A property owner receiving lids public notice %1,110 trislies
to submit continents m• an objection shall submit those to
=,
the Pitkin County Connuu it lly Development, 130 South
—�
GalQaa Strect, Aspen, Colorado 81611, by June 20, 2016.
If any objections to file development appllcntiou are
received the Community Development Department shall
continue the application to a public hearing before lite
Hearing orncen•.
IQ
Al
wvrw.egelbergeccom
www.facabook.com/eigeThergemd/
www. in st a g ra m. co m/e ig e l b e rg a r_architecture/
<Miller Studio L-2 Planting Plan 062216.pdf>
Cristof Eigelberger <cristof@eigelberger.com>
To: Mike Krammer <michael.kraemer@pitkincounty.com>
Wed, Jun 22, 2016 at 2:55 PM
We will bring by a 2436 and a 11x17 revised drawing for you. I believe you only needed one set.
Will you need anything else from Richard Wax?
Cristof
[Quoted text hidden]
I' -.r X-)
)I T k I *%
• �,1UNIti
Re: Miller Landscape Plan
2 messages
Jeff Davis <jeffdavis@rwaspen.com>
To: Cristof Eigelberger <cdstof@eigelberger.com>
Cc: Mike Krammer <michael.kraemer@pitkincounty.com>
Hello
With the changes from 8' to 12' and from 12' to 18'
This plan is approved. Thank you
Sent from Jeff Davis
Michael Kraemer <michael.kraemer@pitkincounty.com>
On Jun 22, 2016, at 1:24 PM, Cristof Eigelberger <cdstof@eigelbergercom> wrote:
Wed, Jun 22, 2016 at 2:52 PM
Richard,
Let me know if this is approved with the correction to the tree sizes: 8' pines to change to 12' and the 12'
change to 18'.
Thanks
Cristof
On Jun 22, 2016, at 8:12 AM, Cristof Eigelberger <chstof@eigelberger.com> wrote:
11MIA
I walked the site with Richard a few weeks back and reviewed the location. At that time,
there were no objections to the building site placement. Richard had originally thought the
building was further down your driveway. I have attached the plan for your review and as
discussed with Richard.
Richard had mentioned that you already have quotes to do the roadway (in asphalt) and
wanted to proceed with that assuming that we have several of the neighbors involved. He
wanted to do it with his oversight of the management. Can you please forward those bids to
me so I can compare them to the ones that we already have. I would like to get this together
and discuss it with the Craig Menin at the end of the month to see if he will be apart of the
paving project. As Richard already knows the Millers want to proceed.
Call me if there are any questions.
Cristof
<Miller Studio L-2 Planting Plan 05:28:16.pdf>
Cristof Eigelberger, AIA
Principal Architect
cristof@e ige Iberge r.w m
Cell/Text: +1-415-819{284
EIGELBERGER
ARCHITECTURE+DESIGN
102 Sycamcm Ave Suite a
Mill Valley. Ca 94941
Office: 415-963-9322
Fax: +1-415-358-5771
la
fr+.ary
Y
C0tT N T Q
(no subject)
2 messages
Michael Kraemer <michael.kraemer@pitkincounty.com>
To: "Elm - DNR, Taylor" <taylor.elm@state.co.us>
Taylor,
PID #:264327400008
Michael Kraemer<michael.kraemer@pitkincounty.com>
Wed, Sep 14, 2016 at 10:55 AM
The parcel is currently developed with a 13,000 square foot residence. The Applicant is asking to construct an 1,800
square foot detached art studio just north about LIM from the main residence. SAM mapping shows this parcel within 1/4
mile of elk winter concentration/severe winter range which our Code requires a no construction limitation from Dec. I
through March 31st.
What do you think?
Thanks, Mike
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
970-9205482
Taylor Elm - DNR <taylor.elm@state.ce.us>
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Hey Mike,
Wed, Sep 14, 2016 at 11:29 AM
Thanks for the info. From the aerial imagery, it looks like Kevin deliberately mapped that brush covered hillside as
winter cont. and severe winter range. Definitely within the 1/4 mile buffer as well.
It totally depends on the winter that we get this year regarding amounts of snow, but my first thought is that the
timing limitation would be warranted. If they could at least get the foundation and exterior work done, that would be
most important. I think we'd be fine with interior work being done given the number of existing homes nearby.
Given the available forage and southwest aspect of that hillside it most likely holds animals during a big snow year.
I can touch base with Kurtis as well to see what he thinks.
Taylor Elm
Land Use Specialist
Northwest Region
COLORADO
Parks and Wildlife
Depertmen; c! Natwsl Ru'z rM
P 970.947.2971 1 F 970.947.2936 1 C 970.986.9767
0088 Wildlife Way, Glenwood Springs, CO 81601
taylor.elm@state.co.us I cpw.state.co.us
(Quoted text hidden]
3
i1.1
Michael Kraemer <michael.kraemer@pitkincounty.com>
miller landscape plan
7 messages
Jeff Davis <jeffdavis@rwaspen.com> Thu, Jun 16, 2016 at 9:29 AM
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Hello mike
We have not received any landscape plan for the miller project.
Please accept this as Mr Wax's formal objection to the public notice for the additional structure.
If a landscape plan will be submitted for review before the deadline, than Mr Wax might be able to lift his
objection.
Thank you for your help
Jeff Davis
Richard Wax Associates
Michael Kraemer <michael.kraemer@pitkincounty.com>
To: Jeff Davis <jeffdavis@rwaspen.com>
Received. Thanks Jeff.
Was this not provided to you? See attached.
Thanks,
Mike
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81811
9709205482
[Quoted text hidden]
y Miller.pdf
201K
Thu, Jun 16, 2016 at 1:14 PM
Jeff Davis <jeffdavis@rwaspen.com> Tue, Jun 21, 2016 at 3:27 PM
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Still no landscape plan from the Miller's.
Is there a plan?
Mr. Wax reiterates his objection to the application. Please let us know when the public hearing will take place.
Thanks
Jeff Davis
Richard Wax & Associates
PO Box 7699
Aspen, CO 81612
970 379 6886 cell
970 920 0236 office
RICHAaD A. WAx
hAlteocterae, u.c
From: Jeff Davis <jeffdavis@rwaspen.com>
Date: Thursday, June 16, 2016 at 9:29 AM
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Subject: miller landscape plan
[Quoted text hidden]
Michael Kraemer <michael.kraemer@pitkincounty.com> Tue, Jun 21, 2016 at 3:27 PM
To: jeffdavis@rwaspen.com
Hi, I am currently out of the office and will return on Wednesday June 22nd. Thanks, Mike
[Quoted text hidden]
Michael Kraemer <michael.kraemer@pitkincounty.com> Wed, Jun 22, 2016 at 8:54 AM
To: Cristof Eigelberger <cdstof@eigelberger.com>
Mike Kraemer
Senior Planner
Pitkin County Community Development
110 South Galena Street
Aspen, CO 81611
970-920-5482
Forwarded message
From: Jeff Davis <jeffdavis@rwas pen. com >
[Quoted text hidden]
Cristof Eigelberger <cristof@eigelbergercom> Wed, Jun 22, 2016 at 9:14 AM
To: Mike Krammer <michael.kraemer@pitkincounty.com>
Mike:
I'll find out what they are this time. I already walked the entire site and building placement with him for an hour three
weeks ago and he was fine with it all. He originally thought the building was at the entry to the site.
I forwarded the plans to him that I reviewed with him and check in again.
Cristof
Cristof Eigelberger, AIA
Principal Architect
cdstof@eigelberger.com
CelVrext: +1.415-9196284
EIGELBERGER
ARCI01ECTUP,E+DESIGN
102 Sycamore, Ave Suite B
Mill Valley, Ca 94941
Oflice: 415-963-9322
Fax: +1-015-358-5771
viw.v.eigelberger.com
vi Jacebook.00m/eigelbergeradI
w Jnstag ram.comleigelberger arch itectu rel
On Jun 22, 2016, at 7:54 AM, Michael Kraemer <michael.kraemer@pitkincounty.com> wrote:
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
970-9205482
Forwarded message
From: Jeff Davis <jeffdavis@rwaspen.com>
Date: Tue, Jun 21, 2016 at 3:27 PM
Subject: FW: miller landscape plan
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Still no landscape plan from the Miller's.
Is there a plan?
Mr. Wax reiterates his objection to the application. Please let us know when the public hearing will
take place.
Thanks
Jeff Davis
Richard Wax & Associates
PO Box 7699
Aspen, CO 81612
970 379 6886 cell
970 920 0236 office
<F B458F93-3 BAB -44 D3-89AD-90CB488CO EFO[373].jpg>
From: Jeff Davis <jeffdavis@rwaspen.com>
Date: Thursday, June 16, 2016 at 9:29 AM
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Subject: miller landscape plan
Hello mike
We have not received any landscape plan for the miller project.
Please accept this as Mr Wax's formal objection to the public notice for the additional structure.
CEJ
If a landscape plan will be submitted for review before the deadline, than Mr Wax might be able to
lift his objection.
Thank you for your help
Jeff Davis
Richard Wax Associates
Michael Kraemer<michael.kraemer@pitkincounty.com>
To: Cristof Eigelberger <cdstof@eigelberger.com>
Sounds good.
t11 M
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
9705205482
(Quoted text hidden]
Wed, Jun 22, 2016 at 10:18 AM
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me—
• Nn+unnlnWY �u«M m.lanbnvuanm mal h ygmN In vwcnnon Muugnam port u+
naru.mm,.
IMr mn n.wkbk fim, m,n1awnwmn. mk,Nne
T`51.me N q
Mmhnin.lr:1 a:411
Loral
IMry o. vmdmmae l
I Iwn, , e'8',)' I I 'xr]I YA314l
G S
.11 VvSIU Wr
N I1' PV4
lie t)1
1ap-4C3 I fin ka N.1
L #
0..b Srt
Ymnae IvWk, GN
IT•14v 1fr1
M. 2 Amt 5M., I l ' buul
Itl . fur :az.oJ w ?w.:.6+
N. 1 t crndy
11.1 4.. •
I ) K ,41 vyh C! M13.1
I 1 Mti.A ,L
NISu.
Existing Evergm
Deman I
Anuebrivi l3
V
\\
ouleral llot-. // \\ l\
IbMd.e#..ltfe" Wapae,an EYlenana A.. rIb bIWIIMrIbbOn
z 6Yf1 q. re aNa MlYanbnpbMaeM1YU W:.NMeE by l.mamPo NtlntxtPw InvIIIM'e—
„et. \
] al• ,..IICPInxm ahlYla beim,nwnemeenn mA.W aYemVIMYUM I1rw110 mmmeM�p plaminy waA Il any \'
ep Yw nus lMen enM ar mubmelac dww«e�ZAI-«n. nalrcabe LaMYrrym,T of rw unartw rnmerwnp wok
, Fou mn .mM aeglnp.Iullaa-.ptlaxwmlary mlperely ad
5 AY PeMgbea WWT YfMIPM Ma mula�
e CaNea Mown mlM1 WaWpextl «e pMmpebS Mutrg,'olYgp N 9' Iryav p'anPr+p
] .V!®wpd P-.Nbbrm�rnm Ox PMiln nwmy^remnmeNec u• gr fn
9 Nmdbb M«Mlba wll rea.e4 aYm Inn\wstl 1'M1s r'
rwn•preon.Ivaprawaerw'..g9awwx�.m n.nw aadere.a '�O• wmaaawn.lwomv:.nue wn:nq ynaxsr
Il vee «M .IOW Mwb ww•n morn Wwf Frr' ileen'eanhm
9 MilV•W rmnw MlnY«S«YW
plA SFECIEr
eaawb.we«.eM ewnerl
P'Ik n Cmmn'Tn't .ed M a I
1. All dl.lurbal urea arc u, he m %e9vialM ,ellh Pitkin Counly3 Name Grass Seed Mfx ac vxm
Cal Nnme
Mealrr,vlrcm
Slml ne \nme
FII'munmrin'amll.,
r«eml MMla
axle
Nnlrm u'4ratgns.
19.•ugq nlln.nlnbu
30e Proposed Drainage CuIv
wiv,
All xgmal sMwld M ... off x]th t pre -.,Wt herlecide to'e'.'thr mlralllebun r4
(I.. mna br Gtll Egrnml
dirt.' JkFm•a
Ra.Irl6 nnJUL
3Dri.
IMr mn n.wkbk fim, m,n1awnwmn. mk,Nne
T`51.me N q
Mmhnin.lr:1 a:411
Loral
IMry o. vmdmmae l
I Iwn, , e'8',)' I I 'xr]I YA314l
G S
.11 VvSIU Wr
N I1' PV4
lie t)1
1ap-4C3 I fin ka N.1
L #
0..b Srt
Ymnae IvWk, GN
IT•14v 1fr1
M. 2 Amt 5M., I l ' buul
Itl . fur :az.oJ w ?w.:.6+
N. 1 t crndy
11.1 4.. •
I ) K ,41 vyh C! M13.1
I 1 Mti.A ,L
NISu.
Existing Evergm
Deman I
Anuebrivi l3
V
\\
ouleral llot-. // \\ l\
IbMd.e#..ltfe" Wapae,an EYlenana A.. rIb bIWIIMrIbbOn
z 6Yf1 q. re aNa MlYanbnpbMaeM1YU W:.NMeE by l.mamPo NtlntxtPw InvIIIM'e—
„et. \
] al• ,..IICPInxm ahlYla beim,nwnemeenn mA.W aYemVIMYUM I1rw110 mmmeM�p plaminy waA Il any \'
ep Yw nus lMen enM ar mubmelac dww«e�ZAI-«n. nalrcabe LaMYrrym,T of rw unartw rnmerwnp wok
, Fou mn .mM aeglnp.Iullaa-.ptlaxwmlary mlperely ad
5 AY PeMgbea WWT YfMIPM Ma mula�
e CaNea Mown mlM1 WaWpextl «e pMmpebS Mutrg,'olYgp N 9' Iryav p'anPr+p
] .V!®wpd P-.Nbbrm�rnm Ox PMiln nwmy^remnmeNec u• gr fn
9 Nmdbb M«Mlba wll rea.e4 aYm Inn\wstl 1'M1s r'
rwn•preon.Ivaprawaerw'..g9awwx�.m n.nw aadere.a '�O• wmaaawn.lwomv:.nue wn:nq ynaxsr
Il vee «M .IOW Mwb ww•n morn Wwf Frr' ileen'eanhm
9 MilV•W rmnw MlnY«S«YW
� im El �f89a 9Y1 i
/ I
Proposed Studio
(FhI,M1 M«FlauNan. ]ai33'1 '
a
/ \
\
!Noxious
eaawb.we«.eM ewnerl
Weed Central
1. All dl.lurbal urea arc u, he m %e9vialM ,ellh Pitkin Counly3 Name Grass Seed Mfx ac vxm
'ictal.
I
All xn.n area' 'hal. xsn'c mars mig.kou x10 INYi-o,cdap. Thi, gsmm JW l run Ior a
(
/ t miximwn of 30 d.,,bacafmr evIuee wwn., glWwll} Thi,a)acm shall he wwwrumtic
All xgmal sMwld M ... off x]th t pre -.,Wt herlecide to'e'.'thr mlralllebun r4
lazemnaa
cel1 m,grm. xerds.
All
/
.rm... hli be mplcibed 11dhl-2im'hev19'CERTIFIED`I'.-
5. If P Counl] Toning
ehcmlatl nglhtvl, arc rcyuk<J u, rrmlrn rxbung.coda. amlaa lkln
Officer's Ofleexl: f970149.=]09 nr e•nuthusmpc(i'ao.pitkin.au.u. t or rues delaildmlimnabap
at speeihe eumna it �hntyuc,.They ami tde xeW evaltwion and cm,ulwlmn lme of eharFe.
_Stone Steps
Noxious Weed List
Mme.eIdaiwl mtl Cvf . 4t lryS (
n Sage W'alrin oe,lreoplwl
Oahtela
H.
'Nng. Hax'kxced Iflirruruun aurammnmll
I l
Remumni
18” Stone Landing I
4. iVmwnwsmgmaifahuj
Sloped
gulf. Rmuehu4Paemfla rvmii
� im El �f89a 9Y1 i
/ I
Proposed Studio
(FhI,M1 M«FlauNan. ]ai33'1 '
a
/ \
\
\ Sall Leda
\ \ \ \7. Yelk,M S
eaawb.we«.eM ewnerl
N. Wild Car.
\ 9 Bitter,,,.
L-2
I
Ill). Chivy
4.0" Path
12. Marsh S
lazemnaa
\
I -I I I
I
_Stone Steps
l I /I
Mme.eIdaiwl mtl Cvf . 4t lryS (
PY & g k -A 8
I l
l 11 I i I
18” Stone Landing I
�, /Ir Y is ans.mxom a.m...n.'-r.rw:9eed I l
Sloped
Retaining Wall I
]ow
«.pa mPmwdsl I
i I I
"
1
I
)
I
• I j
l I i l!
I
2'-0" Retaining We
Y
crow.]m%rl
/ / /
of
/
\ 1 \ '\ ` \ 1 • !'�� Terrace j
1 \ \ /! t9a.ak Eda.w+a'nlmepp� nrrxw / /
/
I
eaawb.we«.eM ewnerl
/ /
L-2
I
1 1 1 1 1 1 1
4.0" Path
lazemnaa
I -I I I
I
_Stone Steps
l I /I
Mme.eIdaiwl mtl Cvf . 4t lryS (
PY & g k -A 8
arvcxii>I
L
e , 11
Sar
QI
W
Pmm"
U
R
L
et
Mq 24. M16
A�
L-2
Y
General Notes and Specifications
1. LOCATE ALL UTILITIES. Connector small tied Manly eatsnrg grades, ulilines am annblllons, amt nolrty are owner or any dieamanaee belam staMng
work mekag madaNamm as discal by too Lardinwoe AldMeq ConNgor wit be required to mlrylate its work d Ihl,
yymeq aabo aam to QIe arapased drewngs. detal5 ems' eCgo catlone II %dllM art a In tna Ileal .0M,l Me Lead.. by Aatas
ar meolNgn G actor stall eke was
resp0ml0ilny Ion any casts InW rted Duo a dermge of saq NAIWs
z Vets, amti0ra BIM asere ore d saelag bees am teem maW.' porn a Wptnmg work Conaador snen take Blympmle
measures to or0eq Illsi Mamas c d at damn Cable the arca 11IIIB6 Avow claling rNls over 1' damoan. Fiatag plats rmteral
Canape by canaegor scall m Nple0ad et nIXleaclpls entranim.
3. Connaclot shell Install lend, along its train M plaf, to prevent dealer. to mmainnlg eakag rsgatalan
4 CanNga stall anchor Sal Fence in the ate d alt mended slopes a preyenl erosion q extent, slow Toy lance shall roman
uNo.0 $apeo ere sunaenny reyegetaW
5 Comagor"I even GFIEENMX - CM 072 Bbad moseys erosion cannot baMal la eouall on all stapes aam 411021Bear
area grades mw bean approved tar ms taMscepa rohaed, am eavm wan rets pass eeod
6 DanneClar shell be re spam ba ton obtaining ell a ill am at
RM11akf0 B
j
PROPOSED SEPTIC FIELD FOR
Proposed Gravel Parking
Existing Drainage Culvert
i � <
� 11
\ 1
i
/
/
/
/
I
I
,.a,.
\
nat°
it
Propmed Drainage Culver �'�` \ \ \\ \
toe
Existing Eeergree Tree rasa OCL \ \
%aamam
\ 11 \I
•ee`� __ \\II I
I
i =na2am /•
1
posed Studio
n low, •tws 11
i
/ we.
all way e.,n.Ir
wr4 O'.aPaae.«mm.N,owe,,.
C.. all . all mNN eopne
eNenea p "rnur
/
Stone Steps
ld neN treses care:.a
ulm r unea.mne sec o.erun e.n M:
None to le eNeelee by awk /
I /
L
Aft dlnni
r I I !
18" Stone Landing
Is
— Sloped Retaining Walt
r* o w erw.e.mm B ..,
r
2'-0" Retaining
iI now nee>sn
I I j l r i
5'-0" Rtniny W II/ % >.
Dar- Ale 2a. "Is
Nnnel
Mal
L-1
�r
'a
y
b�
C
"C
c
0 PM14
L
^ ,
PC
I�
Ir
t�
w+
�PUM
z°
a
�
�
o
ri^.I
h
Dar- Ale 2a. "Is
Nnnel
Mal
L-1
Plant Key
V mwl Qty. SRlmnpn Noma/$cNmlrk rlamB
5 13abra0o Spruee I Plcee Forams
a C adu Spruce r Plme pu gem
M Ombra Aspen I Pmulus IrelnubWes
° 10 Dmbng Aepan I POpulm nOmubuies
1 Commdn Pumle Ulac I myringa vulgmis
* 23 ellley Refiling OMxuW l Cornus serIM'Belleyf
O 12 Aue Pxbn County InIg01W Seel M. /1
PROPOSED SUM I
\ Proposed Gravel Parking
\`\ Existing Drainage Culvert
•dl. J -J J d- p .n r...r....J
�e6 J a° 1 JJn I I
ISr\A.4 JIJ I pp Jl eMJlg M1rvl kry
\.nIJJII NI I 1.1 li rl-21 nW 11. Jullrl .p 11nuNN I,7mlu+
111—d'IWInn r—a. 'i" Ii—h— 2 1 rlx .numwr N (urn A n d 1, —'n- —A
IN -.1
'a Sinding If is J Ma' ur[d.610 m h/ Olhama 6-11 PIS/
•
IN. .Lp M1 IN,. I I dlbn, III, —d M il Ind b'6 yi - J In
.m mr I I 1
�ficw. 1' 111 M1"1t. —kh 'f pl F"Ah'i 111 IpIW E, f u
nen
■ \Plum( t—d In, pp Ip A 1 .,pun!Al Lh rM1 (1 IIs
yxv e'rt 11, —n, J1 in 11 ry, N1 TIon d
•If.0 1rc ..P und.0 hd°mm°mJ lrlry mmgnw .Jn rmnp.Jp smn m+nu Wht ur
pl.m.reh a,M rldrniWxk r..'T u x..pun4
■ Mvm,mr„dJ nenv. nvd mn ISvMnmunm run Ir' ggnn°A LI \ cpru.x� 36a+pmum pmnr.
mnoEnr wi
PWB(a..ur I+Mu..vl MI+/1
{ fNOia@
Slntrr Meal
I&M len.
(nere''adk,mve
PI.AWSI'Mir-5
NOXIOna We Control \ I
L All JntmbW mea we pr bc,c-,cgnatW xllh RlArn Gmml'z Vahm Grpa Sml M1\u. sxm
lira
ls.r x
Pi cuxl.
All....., J .
/ / / I / 2 hW:ui,c lmm angmnm nh ll9ME crlap.Thi..Icm ehall run
Size Speclrgi Gnmilb.n / I / / / / / mlmmum [.VIJe,,. tl cnallm redo e„akling gr.Wedh Thls., lent hall h iniume ria
� / / / i ne. ren".
e film Mull I IW ..1lhaprc cmclFmlhcM Wclrpm aril d,r 1Wmmm,6 I \ 6 -
12 12 mm Spar, men /
10 12'.. Specimen '/ % / j / / / / 4 All wn, narc hall he mulched,. IN 1-2 mvho III CLRTIRLD 61T L
/ if S if hmnal mrlMW. 'rc a9u" brcmnc nl lingxml. v+nbu P,tkl Cuunq/mnlnR
1'ml. In mb Clump / / / / / f / Olneer'e Olfl 1 (970/192-2789 ore mud w .rPz ,pl ku I me Jm lOd mlummumn
Yml Tmin Clump C xlayp' /// / / / / / / / / \m,pvc,hi, nmmI 1.1umylltl Thgp unknmd asnluuum end am,Wtuulm l zu,ul,hmge. --
5.6' 0'mn BABe� /
Noxious Weed List G
/5 0' min. Full ! / / / / pQx / / / 1 I I I 3 K -um rmncen 8nge lSuhrlr num, lord
m- / ) 2. Orange Nan kn cW(Hier rum mlrawiuTunI
3. R. -me Poe (El cW(Lrpidunn IariNliurn)
If saell.,cmioc4xll( Pafeafafu rW I.) al
I I I l I 11 11 V1. Salt CWer(Tumunn. numr.."url)
ITY4/1uv Slenhalk(Crnmuaa ml.Pmaliel
& W.Id Camxa,IC .... carr(( —
/// v. aitknnrel Nighislude rSMannnr du? rar.....I
/ , n / / 1 IB. nluk Ilcnbaav (H,,'urcrumus niAeq
/ 1 \ I I. Chian, t. thwiiurn euh..0
12\Mw,h Slx\Ibak (Srmr huJ nnnurs)
.Mlo
18" Stone Landing 1
I I // / % Ir.,r cm s.rmmer sl.e..er r.aW..ee/mdll 'I I
TW s. Sloped Retaining Wall 1 1 I I
IT ow Wi,,n near)
if
j' i i i i i /i4 n car i %I %
-
i
/ T89,zesax.
Area Drains /
Teee
% )NI El=Tess
Proposed Studio / / I / / / / /
rwaerrrreran.tud / / k ° I I j 01M1
2'-0" f2etaining Wall /
'TOW -789751
7M4^
_ \W.:
eT
v v V\ \M 1 1 / /
•\ I \ \ 1 / r/Ne"a'r` / 5'-0" Retaining Well/ / / Q1 • ISI o
•5\ \\ \ \\ \ \ •\ \ 1 \ I / / TOW a7YNal / 'f / C
1 1 W°veOme �/ / / / / / /
/
/li / rA G
It
It If
e N"
, l MYm:,
m
ProposedlYim.1vuixenDrainage Culin
Ircn„I'. NT G.l El
—in
I
inJuln
]IF
11'. a d mn a— Whit firm mem Nrs... ..rv, mduAing
n'erJ 0n'ur .
'1 1.
Wr.4 u1b 1
'..A. milley xl L ..m
PlInw, 1,j 9N 1Y11 1, irn INA
.d,'n
9)u In M
MI1 M14J
R ii r” I. M.1 71.. YX..
d
I CD
Exisling Evergree Tree
ITO Raman 1
1 16 4ud
v
R SM1-
.
Pin ro 189: I,, I.. e11ri1, n.
1 .11 891(4
R 1
, LMMaY pN NY a6r.k.]artl.ppowlarl.rWP I.ri�a+aP�YN�Rt�b' Ma.xaYem \\
7 E.ylq.ym�M.rM.M1Waal Wrar9lWeMibl.xlYtlp �
a VararbMola� dYlpPlxy�lun,rgwimpmwbsNrtlllrrbwly.rrMl Pmrm[vmnlarn9pMtN.ae M.re \'
aww ryrmm.emmr.maan.. mrYtlan lYrJep. Ma.W IP lrarxrrl.wmrmnrrro wm
mru.ra
P( u u GWL u1
ry vawnr ww e.d.
Feu la.a HP°p"� ww
s M{eneenni r.lxe rvn/I I1r2 ba mWT 1a.� 1
Ifi nn ,\ 1m Yre �;
Marta
a wtln lwrr 89(89. urtlpq.r.oenrvTy�mai,Ne. 4y6Y 89(..89 py¢apSp,ry rmwr,vq wrr __
NawrbJe.m.mbae
I On
UA Ort
raM w,n RelMlntwl.r'. .. nn,audIN,WPea mwm.
e IN t.m prwrv.. drat Ym9 rem.a rrcy Mn,m-�0M4 rs'Ian tluNraubmall[
lnmumn 3TMp IM.esl,u redve waWiry P.a:.11y
W+Ion.edxm mnePr�S°1aal r.mwe
MI V...11p.ra�i d�Pm p.p[n
e MUIrl,all bwn erw Mmr°I'CalI,re5 We9d Fr®'mew
Own; 101,11.2016
1 1 1 1 1 1/ ! ! l j / j r% / burlwW lure ^..IIIb
Terrace
IwrweoE.'—nnned,a ee�ev `ee..nu
I I I I I I- I I Ilaer n Path
E.u••[mar...e'admnile
1 1 I c.wmMxr.ae p....r.rl / / sha:
I I I I I I I I Stone Steps r/ I n I L r
I� I I I 11 i risn so .alusw r !p / / /� / // / srWr:ry=u•-/•
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
May 8, 2016
Briston Peterson
PO Box 9681
Aspen, CO 81612
briston@br4ikor.com
Re: Sweet Aspen Sunnyside LLC Activity Envelope and Site Plan Review
(PID #2643-274-00-008; Case # P039-16)
I �Zs�'i i • t � � i��'3�i i 1;
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.
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 May 19, 2016. 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 20d' day of June, 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 3rd day of June, 2016, which is at least fifteen (15) days prior to June 19, 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.
Sincerely,
Bonnie Shiles
Administrative Assistant
Encl: Affidavit Code Section 2-20-100
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00040205
Name: Brikor Associates LLC Date:4/21/2016
Project Address: 292 SUNNYSIDE LN
Type: check # 43185
Permit Number Fee Description
0039.2016.PLAN PP- Flat Fee
0039.2016.PLAN PP- Public Notice Fee
Total:
Amount
3,900.00 - P -[e e "' 0 �'—
54.00 nll / �u-
3,954.00
PLATS
41
3 VICINITY MAP,
Al 01 .
SCALE 1.9600
K_— dire Hyd
alve
SITE PLAN
�A101 ) —
SCALE 1 80'-0"
NYS0 0PEN SUISIDE LLC .-ARTI$T Ew fo, 5 row-:
look, 2
0 0
CL �'D rG C: . i;
= 0
IT 0) t OC (D fW ICD
STUDIO ACTIVITY ENVELOPI=k E PLAN =3 .�o CL 0 = �
0 0-
0 :0,
(D' 2 =2
0
Lot 12 & 12A Sweet Aspen Sunnyside LLC - Artist Studio 0-
CU
=0 0 mc>:
Pitkin County Parcel ID# 264327400008.
C: -CL
a
CU ID
E Cc
(U ED
PROPERTY LINE < do =M G a) < C UJ -0
0- 0 .9 0 C:
c >, 0 2
C1 cc
APPROVED ACTIVITY ENVELOPE < C: C:
UJ
SETBACK
BUILDING ENVELOPE Gomm OMM MW amm
BUILDING FOOTPRINT
THIS ACTIVITY ENVELOPE AND SITE PLAN AMENDS
THE ACTIVITY ENVELOPE AND SITE PLAN RECORDED
IN PLAT BOOK 100 AT PAGE 18.
AVf &fft L, 0404,
FAX ,-, -014,3 11,
SWEET SUNNYSIDE ASPEN LLC, LLOYD MILLER 1 ST AMENDED ACTIVITY
ENVELOPE, SITE PLAN PER REC. NO. 589266
LOTS 12 AND 12-A, WHITE HORSE SPRINGS SUBDIVISION
SECTION 27, T. 9 S., R. 85 W. OF THE 6TH P.M.
COUNT OF PITKIN, STATE OF COLORADO
LEGAL DESCRIPTION:
PARCEL 1:
A TRACT OF LAND SITUATED IN LOT 16 OF SECTION 27, TOWNSHIP 9 SOUTH!,
RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY,
COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE SOUTHEAST CORNER OF SAID SECTION
27 BEARS S21 °09'45"E 1865.00 FT:
>M4
THENCE N68009'15"E 370.08 FEET TO A POINT ON THE WESTERLY LINE OF A6,01
ROADWAY EASEMENT; THENCE S1 7020'30"E 108.57 FEET ALONG THE
WESTERLY LINE OF SAID 60' ROADWAY EASEMENT; THENCE S03044'30"E 62.85
FEET ALONG THE WESTERLY LINE OF SAID 60' ROADWAY EASEMENT; THENCE oif�
S290 1 0'30"W 111.53 FEET ALONG THE WESTERLY LINE OF SAID 601 ROADWAY
EASEMENT; THENCE S14057'30"W 130.52 FEET ALONG THE WESTERLY LINE OF
SAID 60' ROADWAY EASEMENT; THENCE S00°20'30"W 156.56 FEET ALONG THE
W T RLY LINE OF SAID 60' ROADWAY EASEMENT; THENCE S06055'30"E
1:69'FEET ALONG THE WESTERLY LINE OF SAID 60' ROADWAY EASEMENT;;
THENCE S68009'15"W 83.71 FEET; THENCE N21°50'45"W616.29 FEET TO THE
POINT OF BEGINNING
PARCEL 2:
A TRACT OF LAND SITUATED IN LOTS 16 AND 17, SECTION 27, TOWNSHIP 9
SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED ASi
FOLLOWS:
BEGINNING AT A POINT WHENCE THE SOUTHEAST CORNER OF SAID SECTION
27 BEARS S21 °09'45"E 1865.90 FEET;
THENCE S68009'15"W 708.98 FEET TO THE EASTERLY LINE OF THE COUNTY
44
ROAD;
THENCE S22003'40"E 538.13 FEET ALONG THE EASTERLY LINEOF THE COUNTY 6L4
ROAD; THENCE S27053'40"E 78.60 FEET ALONG THE EASTERLY LINE OF THE
COUNTY ROAD;
THENCE N68009'15"E 698.70 FEET;
THENCE N21050'45" W 616.29 FEET TO THE POINT OF BEGINNING
SP
jl Community Development Director'sApproval
This Sweet Aspen Sunnyside LLC - Artist Studio Site Plan has been
reviewed and approved by the Community Development Director of Pitkin
County this
J!. -L day Of x/
2018 and is subject to Administrative
Y
Determination No. -2016. recorded as Reception No. (P37,24-7.
VV
Pitkin County Community Development Director
'4
IPo
A rims F -A
Clerk and Recorder's Certificate
Plot Date
This Sweet Aspen Sunnyside LLC - Artist Studio Site Plan has been Drawn By
accepted for recording in the Office of the Clerk and Recorder of Pitkin Checked By
County, Colorado this day of 1DtX41n 2018 in Plat Book Pro'ect No.
(AA at Paged as Reception No.
Date
I
20
RECEPTION#: 652592, R: $23-00, D: $0.00
PLAT BOOK 124 PAGE 029
Clerk and Recorder P9 I of 2, 12/13/2018at 09:42:32 AM
oetoJanice K. Vos Caudill, Pitkin County, CO
ll
Owner's Acknowledgement
The owner acknowledges being informed by Pitkin County of the
existence of environmental hazard areas" that might affect theproperty
any improvements, and the use thereof The mvicinnor%f +k 41,;
ln
County regulations do not in any way assure or imply that the areas
outside of designated hazard areas will be free from hazards or that
appr mitigation ores *II gu tee the safety of the property.
Susa, Sweet Aspen Sunnyside LLC
PIP -,7&C(37,1�6000?
ea)t�4e- 4 PC)
2/6/2018 9.-35:16 AM
J
Author
Checker
201228
issue
2 PERMIT
SCALE: As indicated
M