HomeMy WebLinkAboutpitkin.planning.273512457002 (2016)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THF. INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2735-12-4-57-002 Application Date: 11/2/16 Case No: P084-16
Description: Little Cloud Estate Inc Minor Amendment to a Development Permit// Planner: Mike Kraemer
WITHDRAWN 2/16/17 no refund per MK # Copies: 1
Allocated Hours: 3
Project Address: 19 LITTLE CLOUD TRL, ASPEN, CO 81611 % Over Hours: 3.6
Property Owner: LITTLE CLOUD ESTATE INC
Owner's REP: STAN MATHIS
REP's Email: pmbaddogs@gmail.com
Referrals: ALL OTHER REFERRALS
Comments Due Date: 12/16/2016
Meetings: 1st Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #:
BOCC Ordinance #:
Admin Determination #:
Other Information:
VR Approval Date:
VR Expires Date:
Remarks:
Address: 2614 TAMAMI TRAIL NORTH, 63: Owner Phone:
NAPLES, FL 34103
Address: 7515 COAL CREEK CIR REP's Phone: (970) 618-6636
COLORADO SPRINGS, CO 80911
Other Referrals: Little Cloud HOA
2nd Meeting: 3rd Meeting:
Plat Recorded Date:
Plat (Bk, PG):
P&Z Determination #:
HO Determination #:
Application Type: Minor Amendment to a Development Permit
APPLICATION
MATERIAL
jTl►ln
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COUNT*J
Lot 2 Little Cloud. Case V084-16
3 messages
Michael Kraemer <michael.kraemer@pitkincounty.com>
Michael Kraemer <michael.kraemer@pitkincounty.com> Thu, Feb 16, 2017 at 4:12 PM
To: "Sanders, Curtis (csanders@shermanhoward.com)" <csanders@shermanhoward.com>, Matthew Ferguson
<m att@m atthewferguson I aw. com>
Cc: STAN MATHIS <pmbaddogs@gmail.com>
Matt/Curt,
I have spoken to you both about a possible date as a trigger to either move forward with scheduling a BOCC objection
hearing or finding resolution on the application through the current Administrative Review process.
In writing, please let me know by Friday, March 10th, 2017 no later than 5:OOPM if there is resolution on the application
or if we need to schedule the BOCC objection hearing. If a BOCC objection hearing is needed, we will schedule the
hearing on the earliest available date.
Thanks, Mike
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
970&205482
Stan Mathis <pmbaddogs@gmail.com> Sat, Feb 18, 2017 at 11:19 AM
To: Michael Kraemer <michael.kraemer@pitkincounty.com>
Cc: "Sanders, Curtis (csanders@shennanhoward.com)" <csanders@shermanhoward.com>, Matthew Ferguson
<m att@matthewfergus on law. com>
Hi Mike,
My Client has decided not to go forward with the funicular at this time. Call if you have any questions.
Thanks,
Stan
[Quoted text hidden]
Michael Kraemer <michael.kraemer@pitkincounty.com> Tue, Feb 21, 2017 at 8:59 AM
To: Stan Mathis <pmbaddogs@gmail.com>
Cc: "Sanders, Curtis (csanders@sherrnanhoward.com)" <csanders@shermanhoward.com>, Matthew Ferguson
<m att@m atthewferguson law. com>
IRiT. - n • •e
Thanks, Mike
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
970-9205482
[Quoted text hidden]
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Lot 2 Little Cloud. Case #13084-16
1 message
Michael Kraemer <michael.kraemer@pitkincounty.com>
Michael Kraemer <michael.kraemer@pitkincounty.com> Thu, Feb 16, 2017 at 4:12 PM
To: "Sanders, Curtis (csanders@shermanhoward.com)" <csanders@shermanhoward.com>, Matthew Ferguson
<matt@matthewfergusonlaw. com>
Cc: STAN MATHIS <pmbaddogs@gmail.com>
Matt/Curt,
I have spoken to you bath about a possible date as a trigger to either move forward with scheduling a BOCC objection
hearing or finding resolution on the application through the current Administrative Review process.
In writing, please let me know by Friday, March 10th, 2017 no later than 5:OOPM if there is resolution on the application
or if we need to schedule the BOCC objection hearing. If a BOCC objection hearing is needed, we will schedule the
hearing on the earliest available date.
Thanks, Mike
Mike Kraemer
Senior Planner
Pitkin County Community Development
130 South Galena Street
Aspen, CO 81611
970 9205482
/c�r/
W
MATTHEW C. FERGUSON
LAW FIRM
MATTHEW C. FERGUSON
matt(r)matthewfereusonlaw.com
January 9, 2017
VIA E-MAIL AND MAIL
Mr. Mike Kraemer
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Little Cloud Estate Inc. -- Minor Amendment to a Development Permit
(PID 2735-124-57-002; Case P084-16)
Dear Mike:
Our law firm represents Terry and Cynthia Taylor ("Taylor's"), owners of Lot 1 in the
Little Cloud Subdivision ("Little Cloud") since August 2000. Mr. Taylor is the president of the
Little Cloud Homeowners Association, Inc. ("HOA"). The purpose of this letter is oppose the
application referenced above requesting a "minor" amendment to the site plan to allow for the
construction of a funicular.
BDDC Trust, the owner of Lots 3 and 4, through Tom Dundon (HOA Vice President)
also opposes the application to build a funicular on Lot 2. Mr. Dundon and Taylor are on the
HOA's Board of Directors. Thus 3 of the 4 owners in Little Cloud and members of the HOA
oppose this application.
On December 20, 2016, I spoke with you when you called me about the referenced
matter. Neither the Taylors nor I had received an e-mail of any Memorandum from Pitkin
County Community Development Department concerning a request by Little Cloud Estate Inc.
("LCE") to add a "funicular" to their development plans for Lot 2. Thank you for sending your
Memorandum dated December 6, 2016, provided as a "referral letter" to Little Cloud
Homeowners Association.
The December 20th Memorandum contained a link to: an LCE Letter dated September 29,
2014'; a Pitkin County Pre -Application Conference Summary, dated October 28, 2016 (for the
fiuricular); a Pitkin County Community Development Department Agreement for Payment of
Land Use Application Fees dated October 31, 2016, signed by Stan Mathis (architect) on behalf
of LCE; a letter from Curt Sanders of Sherman & Howard to the Pitkin County Community
Development Department, dated October 31, 2016; a letter from Stan Mathis to Mike Kraemer
dated October 31, 2016 (addressing Section 2-20-150(b)); a copy of Amended Plat of Lot 2 Little
Cloud dated April 3, 2015; a copy of Little Cloud Lot 2 Activity Envelope/Site Plan dated April
' Appears to be an error.
A PROFESSIONAL CORPORATION I ATTORNEYS AT LAW
I19 South Spring Street, Suite 201 I Aspen, Colorado 81611 1970.925.6288 office 1970.925.2273 fox
WWW.MATTHEWFERGUSONLAW.COM
Letter to Mike Kraemer
January 9, 2017
Page 2 of 7
8, 2015; Elevation Overlay Stan Mathis; and another copy of a Little Cloud Lot 2 Activity
Envelope/Site Plan (undated) containing the proposed funicular.
None of these materials were provided to the Taylors, the HOA or me at any time prior to
your call. The funicular plans show that they were begun at least as early as July 2016; yet, the
funicular was never disclosed by LCE — even at HOA member and board meetings held on
October 25, 2016.
On December 22, 2016, you sent an email and attached a Schematic Hill Hiker Plan
prepared by Stan Mathis Architecture and Planning with revisions starting 7/17/2016 and up
through 10/11/2016. In other words, the funicular was being designed, considered and applied
for many months and no one ay LCE brought it to the immediate affected neighbors' or HOA's
attention. Also attached to your e-mail were photos of'a funicular — providing for the first time
any idea what it would look like.
The HOA has both a Declaration of Covenants, Conditions, Restrictions, Assessments,
Liens and Easements ("Declaration's and By-laws. The request for the funicular was not
provided in the Agenda for the October 2016 meetings provided by the then HOA president Tom
Lewis (principal of LCE). More importantly, there has been no attempt by LCE to bring this site
plan amendment application to the attention of the Taylors, the HOA or the HOA's Architectural
Control Committee/Board, before or after it was filed.
The Little Cloud Declaration is written to provide "the appropriate mechanism to assure
that the present beauty, views and setting of LITTLE CLOUD shall always be protected as much
as possible in connection with the uses and structures permitted ...." See, Declaration Recital 2.
z Indeed, the Declaration and approvals provided that only 6000 square feet as defined by the
Land Use Code. The Code evolved and was used by LCE to build the much larger structure on
Lot 2. The Declaration takes great care to control and govern the development of 4 single family
homes with rules and restrictions concerning, for example, home size restrictions, use of "native
stone" for patio walls and foundations, and wood siding or masonry stucco (e.g., like the
Taylors' home). All improvements "shall be designed and maintained so as to be compatible in
color scheme (i.e., generally earth tones) with surroundings". See, Declaration Section 4.4. Roofs
are to be shake single or flat. Id. The Lot 2 home includes curved rooves. Only a variance by the
Little Cloud declarant was allowed and only with board approval. Id. LCE is not a declarant.
Care is taken in the Declaration concerning the installation of satellite dishes and solar collection
devices. Section 4.7. Construction is to be complete within 12 months. Section 4.13.
There is no contemplation of people moving devices, funiculars or indeed the expansive
outdoor area with multiple patios, multiple exterior staircase, concrete walls, modern concrete
pools, very long lineal fire pits, glass partition walls, a trellis and other outdoor construction.
z Section 8.3(l) provides that the Board is required to take action to: "Do all such other and further acts which the
Board deems necessary to preserve and protect the Common Area and the beauty thereof, in accordance with the
general purposes specified in the Declaration."
W
Letter to Mike Kraemer
January 9, 2017
Page 3 of 7
This is all very different than what was shown to the Taylors and depicted to them as a natural
water feature (stream and pond) with native brown stone colors.
In summary, the Declaration was intended to govern and control building of single family
residences in the natural area of Shadow Mountain, with its dark timber forest and steep
mountainside. It is now being advertised to look anything but consistent with the Declaration.
See Appendix I — Copy of LCE's Aspen Times Advertisement for Lot 1. Under the Declaration,
"there is to be no grading, regrading, mass grading, cutting, filling or other material
modifications of slope..." Section 4.29. There has been grading and this has allowed for the
space upon which LCE is seeking to develop the extensive front yard-scape. What was submitted
is not what was shown to the Taylors and it has morphed to be completely out of character with
Little Cloud, the neighborhood, the Midland trail system and Shadow Mountain. The funicular
proposed by LCE threatens to compound these serious problems and violations of the express
and implied terms of Declaration.
Article V of the Declaration provides for Architectural Control. There has been no Board
(or members) approval after "plans and specifications have been fully submitted" by LCE. It has
not happened. Ignoring for the moment that this process has not been employed by LCE and no
complete plans and specification were ever submitted to the Board or Little Clouds' members for
review, the process has not been followed for this application to amend the site plan to allow the
construction of a funicular. Now that you have provided the plans, three of the four members'
votes are to disapprove of the plans for a funicular and amendment of the site plan. The majority
of the Board disapproves of the amendment. This should end the inquiry.
In addition, the installation of a fimicular is unprecedented and would set the table for
other requests. LCE has set forth no reasons for the installation of a funicular. Clearly the reason
is to simply market another outdoor feature on a sale to be measured in the tens of millions, not
to meet some necessary health or safety need. Aspen is a Mountain town and the fact a
speculative developer is trying to install this extensive and totally out of character yard-scape
below the Lot 2 house is not a reason to allow this amendment.
The HILL HIKER SCHEMATIC PLAN by Mathis shows that considerable excavation is
needed. It will entail concrete slab "stations", rails, a metal and glass people compartment and
control panel. The funicular will require a motor and winch system. It will introduce noise and
mechanical movement into the main outdoor area and view plane for the Lot 1 home. It would
inject an unneeded transportation device into the subdivision, neighborhood and adjacent trail
system where people power themselves by foot or pedal. This Lot 2 entire yard and the proposed
amendment are immediately adjacent to the Taylors' outdoor living space. It is a deck with a
grill and sitting off the upstairs kitchen.
The application proposes to amend the Lot 2 Activity Envelope/Site Plan dated April 15,
2015. It shows a "Water Feature" depicted as a stream connecting to a "Water Feature" shown as
a pond. It is certainly not the cement pools and cement "waterfalls" now depicted in Appendix
I.
3
Letter to Mike Kraemer
January 9, 2017
Page 4 of 7
The Taylor's were
Owe
showna "site
; % _.
plan" that showed a "stream" and a "pond".
They were shown a natural colored patio (browner in versions provided).
The Site Plan did not depict that concrete walls over which the waterfall would now flow
into a modern white concrete pool type of feature with glass walls throughout. The point is that
Lot 2 was presented one way but has evolved into something very different. It is now called the
Letter to Mike Kraemer
January 9, 2017
Page 5 of 7
"A Home so stunning, God created a mountain for it to rest on". There has been a bait and
switch with the look, colors, water features and scope of the entire yard-scape. It is being built on
utility and drainage easements. These legal issues will be dealt with in a separate manner.
LCE has filed for a "minor" amendment to a "Development Permit". The request is to
allow for the funicular to be jammed into the already "maxed out" building and activity
envelope, and a yard-scape that is out of touch with Little Cloud and its Declaration, as well as
Aspen and Pitkin County goals.
It fails under Section 2-20-150:
1. There is nothing consistent the development approvals that constitutes an
amendment to build an unprecedented funicular; it is not consistent with
Little Cloud or any other property in Aspen — there are no example of a
funiculars to a patio in the yard.
2. N/A.
3. It does change the basic character of the approved use — and compounds
an already grossly over built and incompatible yard-scape. It introduces a
private lift to access patios.
4. It does constitute a new land development activity — a study of the
historical approvals for Little Cloud and the HOA's Declaration
demonstrates just how out of character this project has become.
5. It does increase off-site impacts in the surrounding area as set forth above.
It introduces a motorized winched funicular with noise and unnatural
movement in the outdoors. LCE chose to acquire and develop a lot on the
bottom of Shadow Mountain on a mining claim. The project has
experienced mission creep and this proposed toy brings a new level of
overdevelopment that is out of character.
6. It does nothing for public health, safety or welfare which is a more
appropriate measure when proposing a funicular.
7. There is nothing in the Land Use Code that would allow a Mountain town
to open the doors to funiculars in hilly or steep yards.
a. The "dominant policy" of the Land Use Code is to conserve
and protect from further degradation the present natural
environment and its resources."
b. A funicular is inconsistent with the aspirations and policies
found in the City of Aspen community plan and the Pitkin
Letter to Mike Kraemer
January 9, 2017
Page 6 of 7
County comprehensive plan and the Land Use Codes in
place to insure those policies
8. N/A.
9. N/A.
The Taylors and the majority of the members and board of directors at Little Cloud
oppose the amendment of the site plan by LCE. It is not approved and thus not allowed under the
Declaration.
Community Development should be well aware of the fact that the many neighbors and
years of iterations of the "Friends of Shadow Mountain" have been engaging this process with
Com Dev and the BOCC for years. There can be little doubt that adding a funicular to this out -
of -touch yard-scape would be opposed by most of these people also.
r♦'
=NW-RovooFerguson
cc: Terry R. Taylor (via a -m
Chris Madigan (for Tom Dundon) (via e-mail)
C(,
Letter to Mike Kraemer
January 9, 2017
Page 7 of 7
Cortemporary 10,700 sq_ ft Home
• 6 Bedrooms plus Office (7th Bedroom)
8 Baths / 3 Powder Rooms
• Located 3 blocks to center of town
• Gated Enclave (4 Homes)
• Summer Kitchen / Sky Lounge
LEWIS PROPERTY INVESTORS
Thomas Lewis, President
(305) 710-2668
Clew is nlpihold ings.com
www.lplholdings.com
Christopher Hewett. VP
(970) 948-4853
chewett a Ipiholdings.com
Letter to Mike Kraemer
January 9, 2017
Page 4 of 7
Y
The Taylor's were shown a "site plan" that showed a "stream" and a "pond".
They were shown a natural colored patio (browner in versions provided).
The Site Plan did not depict that concrete walls over which the waterfall would now flow
into a modern white concrete pool type of feature with glass walls throughout. The point is that
Lot 2 was presented one way but has evolved into something very different. It is now called the
a
Letter to Mike Kraemer
January 9, 2017
Page 5 of 7
"A Home so stunning, God created a mountain for it to rest on". There has been a bait and
switch with the look, colors, water features and scope of the entire yard-scape. It is being built on
utility and drainage easements. These legal issues will be dealt with in a separate manner.
LCE has filed for a "minor" amendment to a "Development Permit". The request is to
allow for the funicular to be jammed into 1
envelope, and a yard-scape that is out of touch
Aspen and Pitkin County goals.
It fails under Section 2-20-150:
he already "maxed out" building and activity
with Little Cloud and its Declaration, as well as
1. There is nothing consistent the development approvals that constitutes an
amendment to build an unprecedented funicular; it is not consistent with
Little Cloud or any other property in Aspen — there are no example of a
funiculars to a patio in the yard.
2. N/A.
3. It does change the basic character of the approved use — and compounds
an already grossly over built and incompatible yard-scape. It introduces a
private lift to access patios.
4. It does constitute a new land development activity — a study of the
historical approvals for Little Cloud and the HOA's Declaration
demonstrates just how out of character this project has become.
5. It does increase off-site impacts in the surrounding area as set forth above.
It introduces a motorized winched funicular with noise and unnatural
movement in the outdoors. LCE chose to acquire and develop a lot on the
bottom of Shadow Mountain on a mining claim. The project has
experienced mission creep and this proposed toy brings a new level of
overdevelopment that is out of character.
6. It does nothing for public health, safety or welfare which is a more
appropriate measure when proposing a funicular.
7. There is nothing in the Land Use Code that would allow a Mountain town
to open the doors to funiculars in hilly or steep yards.
a. The "dominant policy" of the Land Use Code is to conserve
and protect from further degradation the present natural
environment and its resources."
b. A funicular is inconsistent with the aspirations and policies
found in the City of Aspen community plan and the Pitkin
Letter to Mike Kraemer
January 9, 2017
Page 6 of 7
County comprehensive plan and the Land Use Codes in
place to insure those policies
8. N/A.
9. N/A.
The Taylors and the majority of the members and board of directors at Little Cloud
oppose the amendment of the site plan by LCE. It is not approved and thus not allowed under the
Declaration.
Community Development should be well aware of the fact that the many neighbors and
years of iterations of the "Friends of Shadow Mountain" have been engaging this process with
Com Dev and the BOCC for years. There can be little doubt that adding a funicular to this out -
of -touch yard-scape would be opposed by most of these people also.
cc: Terry R. Taylor (via
Chris Madigan (for Tom Dundon) (via e-mail)
/U
HILL HIKER CART FLOOR TO BE LEVEL
WITH T.O. TILE WHEN CART IS
'PARKED' AT UPPER LOADING
PLATFORM
RAIL SUPPORT
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COUNT+1 Michael Kraemer <michael.kraemer@pitkincounty.com>
Fwd: LCE - HILL HIKER - SECTION & TYP PHOTOS
1 message
Stan Mathis <pmbaddogs@gmail.com> Wed, Dec 21, 2016 at 10:27 AM
To: Michael Kraemer <MICHAEL.KRAEMER@pitkincounty.com>
Cc: Christopher Hewett <chris@aspendevgroup.com>
Hi Mike,
Here are the documents you asked for regarding the proposed funicular at 19 Little Cloud Trail. the funicular cab will be
non -reflective brushed stainless steel structural tubes with stainless steel woven wire in fill panels and wood guard rail
caps.
Please call if you have any questions.
Thanks,
Stan
970.618.6636
Forwarded message
From: aaron daler <dalerdesign@yahoo.com>
Date: Wed, Dec 21, 2016 at 9:59 AM
Subject: LCE - HILL HIKER - SECTION & TYP PHOTOS
To: STAN MATHIS <pmbaddogs@gmail.com>
Stan,
Per request
Aaron baler
P.O. Box 3216
Glenwood Springs, CO 81602
phone: 970.319.0443
4 attachments
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LITTLE CLOUD ESTATE, INC.
do LPI Holdings, LLC
1614 Tamiami Trail North #632
Naples, FL 34103
Tel. (239) 228-6761
Email: dewis@lpiholdings.com
September 29, 2014
Pitkin County Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Lot 2, Little Cloud Subdivision, according to the Plat thereof recorded May 5, 1991 in
Plat Book 26 at Page 7, Pitkin County, Colorado; Pitkin County Assessor's Parcel
Identification Number 273512457002 (the "Property")
Dear Sir or Madam:
I am writing as Vice President of Little Cloud Estate, Inc., a Florida corporation, record
owner of the above referenced Property.
Little Cloud Estate, Inc. desires to apply for, pursue, and obtain at its own expense Pitkin
County's approval of certain matters in connection with the Property, and any other approvals and
land use approvals which may be required or requested by Little Cloud Estate, Inc. or Pitkin
County.
This letter shall confirm that Little Cloud Estate, Inc. authorizes architect Stan Mathis to
apply for, pursue and obtain Pitkin County's review and approval of such matters in connection
with the Property.
Contact information for Stan Mathis is as follows:
Stan Mathis
Tel. (719) 390-6065
Email: pmbaddogs@gmail.com
Please contact the undersigned with any questions.
LITTLE CLOUD ESTATE, INC., a Florida
corporation
By:
Christopher B. Hewett, Vice President
Active43994925.1
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: Lot 2, Little Cloud Subdivision PID# 273512457002
ZONING: R-30 SIZE: 10.4 Acres
OWNER: Little Cloud Estate, Inc
REPRESENTATIVE: Stan Mathis PHONE & EMAIL: pmbaddogs(o)gmail. com 618-6636
DATE: October 28, 2016 PLANNER: Mike Kraemer 920-5482
Type of Application: Minor Amendment to a Development Permit
Description of Project/Development: The Applicant is requesting approval to modify an approved Site Plan
recorded at BK 109 PG 93 for construction of a "funicular' on the northern property boundary.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies: Little Cloud HOA
Review by: Community Development Director
Public Hearing: No.
FEES: $975 (Please make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $975 (non-refundable; based on 3 hours of staff time. If staff review time exceeds
3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of $325/hour).
To apply, submit one (1) unbound copy of the following:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to
demonstrate that all substantive review criteria have been met. Summarize existing conditions, current
uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County
Land Use Application Manual.
2. Copies of the previous SIA;
3. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application
Manual;
4. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within
Pitkin County;
5. Consent from all owners to process application and authorizing the representative;
6. Total fee for review of the application;
7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees;
8. A copy of this Pre -application Conference Summary form.
NOTES:
PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE
APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'X17" ALONG
WITH A COMPLETE SET OF 24"X 36" MAPS.
THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
ALL MAPS SHALL BE FOLDED
The Land Use Code and the Land Use Application manual are available on-line at:
http://www. pifkincounN. com/196/Land-Use
> Applicant will be responsible for mailed and posted notice. Public Notice requirements are
described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy
of the affidavit confirming notice must be received from Applicant prior to approval.
M
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.
3
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and Little Cloud Estate. Inc.
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Minor Amendment to a
Development Permit (hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 12-2016 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the COUNTY'S policy that
development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications
shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $975.00 which is based on 3_6 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
I
_Little Cloud Estate,
("APPLICANT")
By:
STAN M47 -WS
Stan Mathis representative for
Little Cloud Estate, Inc
Print Name and Title (if applicable)
Date: 10/31/2016
Mailing Address: 7515 Coal Cree Cir
Colorado Springs, Co. 80911
SHERMAN6HOWARD
730 East Durant Avenue, Suite 200, Aspen, Colorado 81611
Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com
Curtis B. Sanders
Sherman & Howard L.L.C.
Direct Dial Number: 970.300.0114
E-mail: csanders@shermanhoward.com
October 31, 2016
Pitkin County Community Development Department
130 South Galena Street, Third Floor
Aspen, Colorado 81611
Re: Little Cloud Estate, Inc.; 19 Little Cloud Trail, Aspen, Colorado 81611; Lot 2, Little
Cloud Subdivision; Certificate of Ownership
Dear Sir or Madam:
I am an attorney licensed by the State of Colorado to practice law.
This letter shall confirm and certify that Little Cloud Estate, Inc., a Florida corporation, is
the owner of certain improved real property located at 19 Little Cloud Trail, Aspen, Colorado
81611, and legally described as Lot 2, Little Cloud Subdivision, according to the Plat thereof
recorded May 5, 1991 in Plat Book 26 at Page 7, as amended by the Amended Plat Lots 3 & 4
and Open Space, recorded October 31, 2007 in Plat Book 85 at Page 36, as further amended by
Second Amended Plat Lots 3 & 4 and Open Space, recorded March 14, 2008 in Plat Book 86 at
Page 83, and as further amended by Third Amended Plat Lots 3 & 4 and Open Space, recorded
December 1, 2010 in Plat Book 95 at Page 53, Pitkin County, Colorado (the "Subject Property"),
subject only to the following matters of record:
1. Right of proprietor of a vein or lode to extract and remove his ore therefrom should the
same be found to penetrate or intersect the premises as reserved in united states patent recorded
May 20, 1949 in Book 175 at Page 182 and recorded May 20, 1949 in Book 175 at Page 227.
2. Right of Way Agreement recorded April 6, 1901 in Book 142 at Page 366.
3. Contract for Water Service recorded July 27, 1966 in Book 221 at Page 508.
4. Easement recorded September 5, 1978 in Book 354 at Page 270.
5. Easement for Road and Utilities recorded April 10, 1986 in Book 508 at Page 703.
6. Easement for Sewer and Utilities recorded April 10, 1986 in Book 508 at Page 707.
Active/43994852.1
IN
7. Underground Right of Way Easement recorded December 19, 1986 in Book 525 at
Page 878.
8. Holy Cross Right of Way Easement recorded December 19, 1986 in Book 525 at Page
9. Trail Easement recorded December 19, 1986 in Book 525 at Page 882.
10. Pitkin County Resolution No. 90-120 recorded November 26, 1990 in Book 634 at
Page 656.
M
11. Subdivision Improvement Agreement recorded April 5, 1991 in Book 643 at Page
12. Trail Easement recorded April 5, 1991 in Book 643 at Page 270.
13. Declaration of Covenants, Conditions, Restrictions, Assessments, Liens and
Easements for Little Cloud, A Planned Unit Development Located in Pitkin County, Colorado
recorded April 5, 1991 in Book 643 at Page 274, and Amendment Number One; Declaration of
Covenants, Conditions, Restrictions, Assessments, Liens and Easements for Little Cloud P.U.D.
recorded December 10, 1991 in Book 664 at Page 94, and Assignment of Declarant Rights
recorded May 1, 2007 as Reception No. 537215.
14. Pitkin County Resolution No. 92-217 recorded July 13, 1992 in Book 683 at Page
11W
15. Plat of Little Cloud Subdivision recorded April 5, 1991 in Plat Book 26 at Page 7, as
amended by the Amended Plat Lots 3 & 4 and Open Space, recorded October 31, 2007 in Plat
Book 85 at Page 36, as further amended by Second Amended Plat Lots 3 & 4 and Open Space,
recorded March 14, 2008 in Plat Book 86 at Page 83, and as further amended by Third Amended
Plat Lots 3 & 4 and Open Space, recorded December 1, 2010 in Plat Book 95 at Page 53.
16. Declaration of Covenants, Conditions and Restrictions recorded March 14, 2008, as
Reception No. 547377.
17. Declaration of Covenants, Conditions and Restrictions recorded March 14, 2008, as
Reception No. No. 547378.
18. Resolution No. 019-2004 recorded February 26, 2004 at Reception No. 494921.
19. Resolution No. 038-2004 recorded April 21, 2004 at Reception No. 496767.
20. Resolution No. 163-2004 recorded January 18, 2005 at Reception No. 506121.
21. Trench, Conduit and Vault Agreement recorded May 16, 2007 at Reception No.
537914.
Active/43994852.1
LIE,
22. Holy Cross Energy Underground Right -of -Way Easement recorded May
Reception No. 537915.
23. Rockfall Mitigation Device Agreement recorded November 4, 2010 at Reception No.
24. Mutual Cooperation Agreement recorded March 5, 2015 as Reception No. 617889.
25. Pitkin County, Colorado Determination No. 18-2015 recorded March 24, 2015 as
Reception No. 618408, and re-recorded April 6, 2015 as Reception No. 618769.
26. Little Cloud Lot 2 Activity Envelope/Site Plan recorded April 8, 2015 as Reception
Easement Agreement recorded April 30, 2015 as Reception No. 619468.
28. Deed of Trust in favor of ANB Bank recorded July 7, 2015 as Reception No. 621319
and securing a loan in the original principal amount of $10,065620.00.
29. Deed of Trust in favor of LPI Residential, Inc. recorded July 8, 2015 as Reception
1331 and securing a loan in the original principal amount of $7,000.00.
30. Subordination Agreement recorded July 8, 2015 as Reception No. 621336.
Disburser's Notice recorded July 8, 2015 as Reception No. 621337.
32. UCC Financing Statement recorded July 8, 2015 as Reception No. 621339.
33. Soil Nail Easement recorded September 8, 2015 as Reception No. 623055 and re-
recorded on September 9, 2015 as Reception No. 623100.
34. Holy Cross Energy Underground Right -of -Way Easement recorded October 23, 2015
as Reception No. 624376.
Trench, Conduit, and Vault Agreement recorded October 30, 2015 as Reception No.
This letter shall further confirm that as the owner of the Subject Property, Little Cloud
Estate, Inc. has the right and authority to file and pursue land use applications, variance requests,
and other requests with Pitkin County, Colorado with respect to the Subject Property.
October 31, 2016
Stan Mathis
7515 Coal Creek Circle
Colorado Springs, Colorado 80911
719.390.6065
719.391.8199
970.618.6636 cell
pmbaddogsa,Rmail.com
Pitkin county community development department
C/o Mike Kraemer
130 S. Galena Street
Aspen, Colorado 81611
RE; Little Cloud estate, Inc. Minor Amendment to a Development Permit
19 Little Cloud Trail
Lot 2, Little Cloud Subdivision
Pitkin County, Colorado
Parcel ID. #273512457002
Dear Mike,
The Applicant, Little Cloud Estate, Inc., is requesting a minor amendment to the
Development Permit that are shown on the activity envelope/site plan recorded in plat Book 109
at Page 93, reception no. 618820, and the plat recorded in plat Book 109 at Page 92, reception
no. 618819. This amendment shows a funicular 6' to the east of the west boundary of the site and
within the activity envelope.
The parcel is described as Lot 2, Little Cloud Subdivision, and Parcel Id #273512457002
The parcel is zoned R-15 and contains .3696 acre.
PRIOR APPROVALS:
The BOCC approved the Applicant's request for a Major Plat Amendment to shift the
building envelope, create a development envelope and Site Plan Approval for a single-family
residence. Attached is the LITTLE CLOUD LOT 2 ACTIVITY ENVELOPE/SITE PLAN
RECORDED APRIL 8, 2015 AS RECEPTION NO. 618820.
THERE IS ONE LAND USE CODE SECTION TO ADDRESS:
2-20-150: Minor Amendment to Development Permit
(b) Minor Amendments Defined
tq
A minor amendment to any development application or permit is one that meets the following
criteria, as determined by the Community Development Director:
(1) Is consistent with action(s) taken during previous development approvals for the property;
and
Response; The amendment is consistent with actions taken during previous development
approvals for the property.
(2) Does not change the use of the proposed development between residential, commercial and
tourist accommodation uses; and
Response: The amendment does not change the use of the proposed development.
(3) Does not change the basic character of the approved use of land on which the activity occurs,
including basic visual appearance and method of operation; and
Response: The amendment does not change the basic character of the approved use of
the property.
(4) Does not constitute a new land development activity; and
Response: The amendment does not constitute a new land development activity.
(5) Does not increase off-site impacts in the surrounding neighborhood; and
Response: The amendment does not increase off-site impact in the surrounding
neighborhood.
(6) Does not endanger the public health, safety or welfare; and
Response: The amendment does not endanger the public health, safety or welfare.
(7) Does not violate any Land Use Code standard; and
Response: The amendment does not violate any land use code standard.
(8) Does not substantially increase the need for on-site parking or utilities, or affect affordable
housing generation; and
Response: The amendment does not substantially increase the need for on-site parking or
utilities, or affect affordable housing generation.
(9) Does not increase the floor area of the use by more than five (5) percent or decrease the open
space on the site by more than five (5) percent.
9
Response: The amendment does not increase the floor area of the use by more than five
(5) percent or decrease the open space on the site by more than five (5) percent.
If you have any questions, please call me.
Thank you,
Stan Mathis
Representative for
Little Cloud Estate, Inc
/0
LOT
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AMENDED PLAT OF LOT 2, LITTLE CLOUD SUBDIVISION 6100 LOT 2, LITTLE CLOUD SUBDIVISION, PARCEL I.D. 273512457002 STATEMENT OF PURPOSER19
SECTION 12, TOWNSHIP i0 SOUTH, RANGE 85 WEST OF THE 6THP.M. MPNPW�,EnsXeoEB%Ara� YnEaBBRmMmXISORN�
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AMENDED PLAT OF LOT 2, LITTLE CLOUD SUBDIVISION 6100 LOT 2, LITTLE CLOUD SUBDIVISION, PARCEL I.D. 273512457002 STATEMENT OF PURPOSER19
SECTION 12, TOWNSHIP i0 SOUTH, RANGE 85 WEST OF THE 6THP.M. MPNPW�,EnsXeoEB%Ara� YnEaBBRmMmXISORN�
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PROPERT DESCRIPTION g
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PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR.
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PROJECT NO.
2141611
0912
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LITTLE CLOUD LOT 2 ACTIVITY ENVELOPE l SITE PLAN 151 Oq3
LOT 2, LITTLE CLOUD SUBDIVISION, PARCEL I.D. 273512457002 n
"Elver SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE STH P.M.
COUNTY OF PITKIN, STATE OF COLORADOd >
`\
\ �'
\ PROPERTY DiBCRIRKIN
AED•FL,bK•CW/:, i\ \ LOT 1. LNIIE 0.W0 SUBDIW9ON ACCORDING TO ME PLA) RECORDED
IASaY \ \ APRIL 3, 1981 IN Pa IAT BO26 AT PAGES 7 - 16 AS RECEPTION N0.
IL
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HERE A \ \ \
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/ ` f _� \ \ OWER N PEE 911HE W THE LANDS SHOW HEREON AND DOES HEREBY
SCALE: N..TS ` � ` \ I 1 AAi 6Wi M6 AN) I I 1 / / c `� \ -. \ ESTABLISH THE SIZE PW1 SET FORM HEREON. o
GOVT LOT 20\ `� \ \ \``� \ Y
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' SAT YNAT APROMSIOI O
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ME ATM COUNTY R l' OVN NA 00 NOT N MY WAY ASSURE EE ON MAT
THE AREAS NAT di OWD VI IG HAZARD E 5'RLL 8E FREE
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MIS ACNATYZlWNI Y DEL 01 AND SITE PLM HAS BEDI REVIEWED AND APPROVED BY
R E C MUNTY DEVEANQNLOAPSMENT DIRECTOR O NMN COUNTY THIS 1� DAY OF
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LOT 2
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LITTLE CLOUD LOT 2 ACTIVITY ENVELOPE / SITE PLAN
LOT 2, LITTLE CLOUD SUBDIVISION
PITKIN COUNTY, COLORADO
PARCEL I.D. ## 273512457002
Sections 17 & 18, Township TOS, Range 84W of the 6th P.M.
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PROPERTY DESCRIPTION
Lot 2. Lam Coud SolmoblaN, aeeelmry to W Pot Irmo) »eordetl
Yny 6. 1991 (n pbt Doo& 26. al Pape '/. mwC.0. Colarode.
CERTIFICATION OF OWNERSHIP
L'now OU nun III W.. pnnnb WI LITTLE CLOUD ESTATE, INC. l.bq to, oam-f.). Har(popee
m L{nmeldeo
of vin -fain bad. In PUHn Comfy. Colorado. a..oriL.a oe jolb,u.:
LOT 2. LITTLE CLOUD SUSMISION. PITHY COUNTY. COLOIfAOO
onl T-19 ..1988 am mm 4ee: Mve ly Wn pn.mb bld w! ontl Ind(eaba an aelixty m.elope
and a e16 Plan TN nap of mvelap vlc wl ad . sinal 6 Indbated nenen FvrNrr W
Po `Npn or tlnewtan a & oid a W! aevM1aWa a+ea..xbt Not m{pne
ary.ee en. Proy.rly. any <mP,00.mab mLe oomMawv w.eol.
Ex.o UNd mb day of . A.D. 2016
0--4.). LITTLE CLOUD ESTATE, INC.
Dr.
CHotol B. Heoa,
We Pneldenf
•IVY
Notary Public Certificate
STATE OF
COUNTY OF
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Tlu iomyolnB lvMmmt wa. ae4.wwbdp.d Wfon mo mr aav of . 2016.
by CMieloia— B. Bmiff, m Vie. P m,N l of LIIW Cbvd Eatota. Irw., o Fimda Co,oram—
part- my nwd and affivial ..m
NO, cmnrnuelon "spine:
Notary /Lltfa
Pitkin County Community Develovment Devartment Avvroval
Tn4 ABLE CLOUD LOT l 4vtfoty 9o,,i4iP@ mW Siff Plan tm ban INoleru.d
and ap9rvv.d by W m Co oitv D.ovbpm.nf p atm mLv
arta" Pu.jeot to ^oin County Adm4nbMLtn DeoL.(an / �eoNetl a. R.e"mot /
Dab
Acceptance for Recording
Mb LITTLE CLOUD LOT P Aiat"ly Envid" and Sm Pon. Im loon —."I.d fm fl{ry
{n Wenioit of W Cbr& ana Rea valor of PLWn CoanN. Cobrado.
on 1niut—day of 2_. In Plat Beok_en Pop.— No RavNoo No.
Cb aM R -a
SURVEYOR'S CERTIFICATE
Nov '
Dan
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BA.4R/NLTIN
M. 1D➢d AVoimum SModor D.ni/ R. n /or ALT4AiCSL Lm,a nrn .SrrwL,, �ryran'n ! ao, L E~.. Av
V Na/ 6n. // Prvu.aru urrnbro o/ /N ONO.— S(andmd Gni( Rpu4am.nn /ar AL AiZ4CSV Land At& SWry a o
"..N d Oy Wn PDOS a/andarr4
1z"" /M Am.n'ean [and TY4 /. a*%vn an DeroMr S. POQS m an en Deroen !A, tDOf.
Idq/ed w Noard N mreames Ran'ene/ S'm'.N ✓/ M/ e^`'ana/
Amemm� LeM A'Nr A.rmeioM1on, /RPR < SL. N.L. S4Je >0S. s{glmt D.C. 1➢➢JE.
Naliono( Soeis/y o/ fYo/ea�iarm( .Mv yara Ru.. E Yon/➢amrry i'iNgpe Aumu., SioN I➢J. Cm'Narslnry, YD POP19
GRAI`HIC A ALE
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DISCLAIMER:
Envbomenfal ha.aq moa .z t W! mipid W-0 W Praperly, any Imyrovemmb. and —'mtlt W f.
MISCELLANEOUS
DOCUMENTS
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
November 10, 2016
Stan Mathis
7515 Coal Creek Circle
Colorado Springs, CO 80911
pbmbaddogs@gmial.com
Re: Little Cloud Estate Inc Minor Amendment to a Development Permit
(CASE P084-16; PID 2735-124-57-002)
Dear Mr. Mathis:
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.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Shiles
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
$ ' a_Lll Iu
To: Little Cloud Homeowners Association
FROM: Mike Kraemer, Community Development Department
Michael.kraemer(a),pitkincountv.com
Re: Little Cloud Estate Inc. Minor Amendment to a Development Permit
(PID 2735-124-57-002; Case P084-16)
DATE: December 20, 2016
Attached for your review and comments are materials for an application submitted by
Little Cloud Estate Inc. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Friday, January 6, 2017.
http://pitkincounty.com/DocumentCenterNiew/I 1128
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
PITIQN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Little Cloud Homeowners Association
FROM: Mike Kraemer, Community Development Department
Michael.kraemerna pitkincountv.com
Re: Little Cloud Estate Inc. Minor Amendment to a Development Permit
(PID 2735-124-57-002; Case P084-16)
DATE: November 10, 2016
Attached for your review and comments are materials for an application submitted by
Little Cloud Estate Inc. The Pitkin County Community Development Director will
review the application.
Please return your comments to me by Friday, December 16, 2016.
b=://vitkincounty.com/DocumentCenterNiew/I 1128
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
PITKIN OUNTY COMMUNITY DEVEL*MENT
Permit Receipt
RECEIPT NUMBER 00041387
Name: LITTLE CLOUD ESTATE INC Date:11/2/2016
Project Address: 19 LITTLE CLOUD TRL
Type: check # 80888
Permit Number Fee Description Amount
0084.2016.PLAN PP- Flat Fee 975.00
Total: 975.00