HomeMy WebLinkAboutpitkin.planning.273717307032 (2017)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
Parcel ID: 2737-17-3-07-032 Application Date: 9/18/17 Case No: P073-1
Description: Dunromin LLC Minor Amendment to a Development Permit and Site Plan Planner: Mike Kraemer
Review # Copies: 1
Allocated Hours: 8
Project Address: 42705 HWY 82, ASPEN, CO 81611 % Over Hours: 9.6
Property Owner: DUNROMIN LLC Address: 42705 HWY 82 Owner Phone:
ASPEN, CO 81611
Owner's REP: TAYLOR MCCALLA
Address: 715 W MAIN ST, 204 REP's Phone: (970) 618-8580
ASPEN, CO 81611
REP's Email: tmccalla@forumphi.com
Referrals: ALL OTHER REFERRALS
Other Referrals: Mountain Valley Subdivison HOA none
Comments Due Date: 11/20/2017
Meetings: 1st Meeting:
2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 10/19/2017
Meeting Notes: vpn 2/1/18
Approvals:
BOCC Resolution #:
P&Z Determination #:
BOCC Ordinance #:
HO Determination #:
Admin Determination #: 071-2017 #644679
Other Information:
VR Approval Date: 12/12/2017 Plat Recorded Date: 12/04/2018
VR Expires Date: 12/12/2020
Plat (Bk, PG): B120 P98-99 #644680
Remarks:
Application Type: Minor Amendment to a Development
Permit
Site Plan
DECISIONS
RECEPTION#: 644679, R: $0.00, D: $0.00
DOC CODE: ADMIN DECISION
Pg 1 of 6, 01124/2018 at 11:22:11 AM
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PnK[N COUNTY, COLORADO, GRANTING APPROVAL FOR THE DUNROMIN LLC MINOR
AMENDMENT TO A DEVELOPMENT PERMIT AND SITE PLAN REVIEW
Administrative Decision No.'T 1 -2017
RECITALS
Dunromin, LLC, (hereafter referred to as "Applicant"), has applied to the Community Development
Director of Pitkin County ("Director") for a Minor Amendment to a Development Permit and Site
Plan approval to amend a previously approved and vested Activity Envelope and attain Site Plan
review for demolition of an existing single residence and construction of a new single family
residence and attached garage. Gross floor area for this request will not exceed the 5,750 square
foot Growth Management Quota System (GMQS) exempt gross floor area limitation pursuant to
Land Use Code Section 6-30-100(a)(2).
2. The Lot is legally described as Lot 4, Block I of the Mountain Valley Subdivision. 42705 Hwy
82.
The Lot is zoned R -15A and is approximately 18,600 square feet in size.
4. The subject request was referred to the Aspen Fire Protection District and the Mountain Valley
Homeowners Association (HOA). No comments were received.
The Lot is currently developed with a single family residence that was constructed in 1972. In 2005
the Lot received approval to construct a CDU above a garage pursuant to Administrative Decision No.
039-2005. The garage/CDU was proposed to be located within a building envelope which was
approved pursuant to a 1041 site plan recorded at B72 P42-43 and amended and rerecorded at Book
73 Page 80-81. A variance to the 100' Hwy 82 setback was also approved in 2005 by the Board of
Adjustment (BOA) for this CDU pursuant to BOA Resolution No. 03-2005. This garage/CDU was
never constructed and vested rights have expired. Most recently, Hearing Officer Determination No.
01-2015 (Reception No. 619939) approved an Activity Envelope and Site Plan for a major remodel of
the existing residence and addition to this residence. The Site Plan was recorded at Book 111 Page 67
(Reception No. 621070). A variance was granted for this addition pursuant to BOA Resolution No.
16-2014 (Reception No. 623460). This development plan was not pursued and the existing residence
constructed in 1972 still resides on the property.
6. The Director finds that the Amended Activity Envelope and Site Plan request complies with the
applicable provisions of the Land Use Code as follows:
A. The amended Activity Envelope contains some slopes in excess of 30%, specifically an area
located uphill and north of the proposed garage/deck. It is evident that this area has been
previously disturbed which is supported by a geotechnical report submitted with the
application. As a result, this area may be included in the proposed Activity Envelope for
regrading and revegetation purposes. Additionally, soil nails have been proposed within the
steep slope to retain the hillside. These soil nails will not impact the surface of the slope,
but will specifically be located within the slope, such that surface disturbance and erosion
will not occur. Lastly, the Applicant's geotechnical reports state that with appropriate
Page I of
design, the potential for slope failure will not increase. Pursuant to Land Use Code Section
7-20-20(b) and 7-20-20(c)(3), the Applicant has shown compliance with these standards and
development may occur in this location.
B. The wildfire hazard is rated as low, and can be mitigated pursuant to the provisions of Sec. 7-
20-60(c) of the Code.
C. The Lot is not mapped within any big game ranges, and general standards identified in Land
Use Code Section 7-20-70 will be required of the development.
D. The lot is within the mapped Scenic View Protection Area as seen from Hwy 82. The new
residence will not obstruct a ridgeline and will be required to comply with the scenic
standards in the Land Use Code.
The Director further finds that the submitted Site Plan shows the proposed development including
driveway, utilities, and landscaping within the proposed Activity Envelope and in compliance with
Site Plan criteria.
8. The Director further finds that the Applicant has successfully attained a variance from the Hwy 82
setback for the proposed residence and attached garage pursuant to BOA Resolution No. 14-2017
(Reception No. 643348).
APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding
on all successors in interest:
The Applicant shall adhere to all material representations made in the application and shall consider
those representations to be conditions of approval, unless amended by other conditions.
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. This Administrative Decision and accompanying Site Plan Recorded at Book 00 Page CI �%
(Reception No(, w! V 2t7 ) replaces Hearing Office Determination No. 01-2015 (Reception No.
619939) and the Site Plan recorded at Book 111 Page 67 (Reception No. 621070).
4. 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 an Amended Activity
Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application
Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation.
5. The Lot is exempt from GMQS up to 5,750 square feet of gross floor area.
6. With the exception of fencing and automobile access -associated retaining/grading of up to 6' in
height, no structural development 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
non-exempt development located within setbacks mandated by County zoning regulations shall
require a variance from the Board of Adjustment. Approval of an activity envelope within such
setbacks does not assure approval of a variance.
Page 2 of 6
Prior to Final Inspection of the new residence, the fence adjacent to Hwy 82 shall be lowered to 6'
in overall height.
8. The exterior of all buildings shall utilize indigenous earth tone materials or colors and the roofs
shall have a non -reflective color or composition. Reflective roof materials shall not be used unless
the materials are treated to eliminate reflectivity prior to installation. All exterior lighting shall
comply with the lighting code.
9. At building permit application, the Applicant shall:
A. Submit a precise engineer or geologist approved mitigation plan that shows the area of any
disturbed slope in excess of 30%, any re -grading required and the exact size and location of all
mitigation devices.
B. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
C. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre.
D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All
slopes steeper than 2:1 shall utilize erosion control blankets. All historic and natural drainage
patterns shall be maintained.
E. Submit engineered plans for retaining walls greater than four feet in height.
F. Submit a construction management plan for review and approval by the Planning Engineer.
G. Submit a tree mitigation plan pursuant to Code Section 7-20-10 and post construction
revegetation plan.
H. Submit an outdoor lighting plan.
1. Pay the applicable road and employee housing impact fee.
J. Obtain a County access/driveway permit for regrading and widening of the access driveway.
10. The property 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 -ornamental vegetation shall be removed within a minimum ten -foot
(10') perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty (3 0) 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.
Page 3 of 6
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.
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 (%a)
inch maximum.
3. Yards shall he 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
Page 4 of 6
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.
15. The residence will exceed 5,000 square feet of floor area and is required to be sprinklered.
11. 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, weed management, and approved elimination of diseased or hazardous trees.
B. 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.
C. Fruit bearing trees and shrubs, other than those accepted by the County as generally unpalatable
to bears, are prohibited. This does not include pre-existing native trees and shrubs.
D. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
E. 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.
F. Horse grains, pellets, and cookies shall be stored indoors or in bear resistant containers.
G. Pet food shall not he left outside.
H. All outside doors shall utilize only solid round handled door knobs, unless another type is
required by the applicable Building Code for disabled accessibility purposes or is approved by
the Colorado Parks and Wildlife.
12. No development, including grading, excavation, fill placement, driveway, fire turnaround, berms,
landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the
approved Activity Envelope, with the exception of measures to comply with the wildfire
mitigation required herein.
13. Prior to commencement of any earthmoving or other construction activity, the Applicants shall stake
the comers of the activity envelope and install construction fencing around the construction site
within the perimeter of the envelope. The fencing shall remain in place until issuance of a Certificate
of Occupancy.
14. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
15. 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
C4, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire
on 20*-'
16. 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 5 of 6
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the AsWn Times
Weekly on the i day of 4Zbnl 2018.
PUBLIC NOTICE FOR THE APPLICATION WAS PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 19' DAY OF OCTOBER, 2017
APPROVED by the Director, this /L�day of pJ� 17.
C' ouben
Community Development Director
PID# 273717307032
Case# P073-17
Page 6 of 6
APPLICATION
MATERIAL
FORUM PHI 142705 Highway 82 - Activity Envelope Review
Summary Letter
Dear Director,
This letter shall serve as a summary for the proposed activity envelope located at 42705
Highway 82, Aspen CO. The intent of this proposal is to update the activity envelope to allow
for a new residence design. After extensive site analysis and having a pre -application
conference we've determined the following:
• There is a previously approved activity envelope that was approved on June 28, 2015.
• The wildfire hazard is rated as low, and can be mitigated pursuant to provisions of 7-20-
60(c) of the code.
• The lot is not mapped within any big game ranges, and there are no large, intact areas
of wildlife habitat requiring special attention.
• There are no documented existing water courses, drainage ways, wetlands, or any
other surface water features, and the proposed plan wouldn't affect the current drainage
plan.
• The site is not located within a FEMA 100 -year floodplain.
• The site has no documented geologic hazards (rockfall, landslide, avalanche, etc.)
• The site is not a historically irrigated area.
• There are no structures or other historic resource listed on the Pitkin County Historic
Inventory or designated on the Historic Register.
Land Use Code Sections to be address per our Pre -App Conference
• Sec. 2-20-150 Minor Amendments to a Development Permit
• Sec. 7-20-20 Slopes
• Sec. 7-20-120(d) Scenic View Protection Areas - as viewed from Hwy 82
• Sec. 7-20-130 Landscaping and Vegetation Protection
Sincerely,
Taylor McCalla
lorumphi.com I p. 970.279.4109 1 L 866.770.5585
Aspen: 715 W. Main St, #204 Aspen, CO 81611
Basalt: 104 Midland Ave, #202 Basalt, CO 81621
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A6CNRECN6E INfE *MI PW NINA
42705 Highway 82
Land Use Application
Minor Amendment to a Development Permit and Site Plan Review
Applicant:
Dunromin, LLC
42705 Highway 82
Aspen, Colorado 81611
September 13, 2017
715 W MAIN ST I SUITE 204 1 ASPEN CO 61611 1 970 279.4157 1 FORUMPHI.COM
t;�U'J002
Table of Contents:
1. General Application Information
it. Project Description and Background
III. Applicable Land Use Codes and Approvals
2-20-150: Minor Amendment to a Development Permit
7-20-20: Steep and Potentially Unstable Slopes
7-20-120(d): Scenic View Protection Areas - as viewed from Hwy 82
7-20-130: Landscaping and Vegetation Protection
IV. Appendix
Exhibit A - Authorization for Forum Phi to Represent Client
Exhibit B - Vicinity Map
Exhibit C - Title Commitment
Exhibit D - Previously Approved Activity Envelope
Exhibit E - Current Survey
Exhibit F - Pre -App Conference Summary
Exhibit G - Slope Analysis
Exhibit H - Site Plan
EN
1) GENERAL APPLICATION INFORMATION
1.1 Applicants Background Information
A letter signed by the applicant's authorized representative is included in the Appendix,
Exhibit A.
1.2 Parcel Description & Vicinity Map
42705 Highway 82
Aspen, CO 81611
Parcel Number: 273-717-307-032
Subdivision: Mountain Valley Block 1: Lot 4
Directions: From the left turn on 82 near the City Market in Aspen, drive 1.1 Miles East, house
is on the left.
1.3 Demonstration of Legal Creation and Disclosure/Proof of Ownership
The property was legally established in accordance with the applicable laws in place at the
time. Disclosure of ownership is included in the Appendix, Exhibit C.
1.4 Legal Access
The applicant has adequate legal access to the parcel from CO Highway 82, as illustrated on
the previously approved activity envelope in the Appendix, Exhibit D.
1.5 Standards Report
Within this document is an outline detailing full compliance with the substantive review
standards.
1.6 Pre -Application Conference Summary Sheet
A copy of the pre -application conference summary sheet is included in this document (Exhibit
F).
1.7 Site Utilization Maps
The required maps and other graphic exhibits as described in the Review -Specific Application
Submission Requirements have been provided in this application in the Appendix, Exhibit H.
1.8 Copies of Application
The number of required copies specified on the Pre -application Conference Summary form is
"one unbound, single sided".
El
0100304
Project Description and Background
The Applicant requests approval for amendment to a previously approved Activity Envelope and
Site Plan recorded at Hearing Officer Determination No. 1-2015 and Site Plan recorded at BK111
PG67. The Applicant is desirous of gaining approval for an alternative house design and location.
The previously approved Activity Envelope is still vested.
Section 2-20-150: AMENDMENTS TO DEVELOPMENT APPLICATIONS AND PERMITS
(a) Applicability
This section establishes the procedures for minor and major amendments to development
applications.
(b) Minor Amendments Defined
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
(2) Does not change the use of the proposed development between residential,
commercial, and tourist accommodation uses; and
(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
(4) Does not constitute a new land development activity; and
(5) Does not increase off-site impacts in the surrounding neighborhood; and
(6) Does not endanger the public health, safety or welfare; and
(7) Does not violate any Land Use Code standard; and
(8) Does not substantially increase the need for on-site parking or utilities, or affect
affordable housing generation; and
(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.
Compliance: The proposed application meets all of the criteria for Minor
Amendments to the development; Is consistent with previous development
approvals, does not change the use of the development, does not change the
basic character of the approved use of land, does not constitute a new land
development activity, does not increase off-site impacts to surrounding
neighborhood, does not endanger public health, safety or welfare, does not
violate any land use code standard, does not increase need for on-site parking
or utilities, or affect affordable housing generation, and does not increase the
floor area of use by more then 5% or decrease the open space on the site by
more than 5%. See Exhibits D & H.
(c) Major Amendment Defined
000005 -
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A major amendment Is any amendment that does not meet the definition of a minor
amendment in subsection (b) above, or is otherwise determined by the Community
Development Director to be a significant departure from the original development application
or permit.
Not applicable: Proposed application meets criteria for a minor amendment to
the development.
(d) Amendments Prior to Issuance of Development Permit
(1) Minor amendments to all development applications may be permitted during the land use
review process pursuant to the procedures in this section, with the exception of
amendments to GMOS applications, which shall be made pursuant to Sec. 2-40-40(b)(2).
(2) Major amendments shall require a new application of the same type required for the
original approval.
Compliance: The applicant Is proposing a Minor Amendment to development
and Is requesting review during the land use review process. No GMaS
applications have been made.
(e) After the Issuance of a Development Permit
(1) Minor Amendments
A minor amendment to any development permit (except final subdivision plats or
subdivision exemptions for which a separate process is outlines in Secs. 2-30-30)
including SKI-REC and PUB master plans and special review approvals, intended to
change an element or condition of a development permit may be approved
administratively pursuant to the standards and criteria in Sec. 2-30-20.
(2) Major Amendments
a. Major amendments to a development approval or permit approved through the
Administrative Review process shall require a new application of the same type
required for the original approval, and shall be reviewed and approved by the
same decision-making body (Community Development Department staff or the
Hearing Officer) that made the original approval, as shown in Table 2-1.
b. Major amendments to a development approval or permit not approved through
the Administrative Review process shall require a new application of the same
type required for the original approval, and shall be reviewed through a One -Step
process to the same decision-making body (Board of Adjustment, Planning and
Zoning Commission, or Board) that made the original approval, as shown in
Table 2-1.
c. If the original approval required a notice and hearing, the notice and hearing
requirements shall be repeated for the proposed amendment.
d. In the event approval required a recommendation from any other board or
commission, the proposed amendment shall be referred to the same board or
commission for recommendation.
e. If the proposed amendment is to a condition imposed as a result of comment
from a referral agency, the proposed amendment shall be referred to that agency
for comment.
I. Special Procedure for SKI-REC Master Plans and Major Master Plan
Amendments.
171
KONG
In addition to the procedures identified in subsections (a) through (e) above, the
special procedures in this section apply to the review of requests for approval of,
or major amendments to, SKI-REC Master Plans.
g. Special Procedure for PUB Zone District Master Plans and Major Master Plan
Amendments.
1. General. Land development in the PUB (Public) zone district may occur
pursuant to one of two options, these being the special review
procedures and standards (see Sec. 2-40-20 and 2-30-30 and the
standards of sub -section G. 2. below); or the master plan review
procedures and standards (see Sec. 2-40-100 and the standards of sub-
section (g)(3), below). All development in the PUB zone district shall also
demonstrate compliance with the provisions of Sec. 6-30-120 as these
provisions may apply to the proposal.
2. Special Review Option. In the absence of an approved master plan or
when an applicant pursues the special review option, use and
dimensional standards applicable to development in the PUB zone
district shall be as stated in Sec. 3-80-10.
3. Master Plan Option. If the applicant chooses the master plan option, the
following provisions shall apply:
a. The master plan shall include suitable maps and text that
comprehensively address all existing facilities and identify all
proposed future site development that is to occur for at least the
next five (5) years.
b. The master plan shall demonstrate that the proposed
development is consistent with the County Land Use Policies
stated in Chapter 1 of this code, the adopted Pitkin County
Comprehensive Plan and the applicable development standards
contained in Chapter 7 of this code.
c. The master plan shall demonstrate the compatibility of the
proposed development with the surrounding neighborhood and
shall justify the public need for the proposed activities and
facilities.
d. The master plan shall establish the property's use and
dimensional standards.
1. Uses shall be established in the form of a table that lists the
uses permitted by the master plan, and the uses that are
subject to further review. Further review shall mean that
additional information must be provided and the use must
receive necessary approvals (such as site plan review)
before the use can be considered to be a permitted master
plan uses.
2. The dimensional standards shall also be listed in table form.
The dimensional standards that are applicable to the master
plan shall be those listed in Sec. 3-80-10 (e) unless the
applicant provides clear and convincing evidence that the
use or building cannot function properly within the stated
dimensions of that section, in which case the dimensional
standard may be established in the master plan.
e. Minor and major amendments to PUB zone district master plans
shall be reviewed according to the provisions of this Sec. 2-20-150 E.
4) Federal Review
CN
Master plans or amendments shall be submitted to the United States
Forest Service (USFS) or other Federal agencies, as may be applicable,
and then the Community Development Department.
5) Concurrent Review
At the option of the applicant, a master plan or amendment application
may be processed concurrently by the USFS and Pitkin County.
Not Applicable: Application is for a minor amendment.
Section 7-20-20: STEEP AND POTENTIALLY UNSTABLE SLOPES
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.
Chapter 1 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 pattern.
Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent;
Slopes that are thirty (30) percent or greater, but less than forty-five (45) percent;
Slopes that are forty-five (45) percent or greater.
Compliance: The areas of slopes that exceed the allowed amount have been
determined by a geotechnical engineer licensed in the state of Colorado to be
slope anomalies as a result of recent manmade developments. These areas meet
the definition of Minor Slope Anomaly as described in this code section. Overall
natural slope across the building improvement area according to the geotechnical
report is on the order of 15-20%. See Appendix J.
Chapter 2 Forty-five (45) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient equal to or exceeding forty-five
(45) percent, except:
Where:
The lot is in a legally platted subdivision, recorded prior to 1972, and
LJ
There is no alternative building site that avoids areas of slope exceeding
forty-five (45) percent, and
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
The proposed development complies with all standards in subsection (c)(1)
below applicable to slopes of thirty (30) percent or greater; and
As provided in subsections (c)(3) or (c)(4) below.
Compliance: The areas of slopes that exceed the allowed amount have been
determined by a geotechnical engineer licensed in the state of Colorado to be
slope anomalies as a result of recent manmade developments. These areas meet
the definition of Minor Slope Anomaly as described In this code section. Overall
natural slope across the building Improvement area according to the geotechnical
report Is on the order of 15-20%. See Appendix J.
Chapter 3 Thirty (30) Percent or Greater Gradient
Development is prohibited on slopes with a slope gradient of thirty (30) percent or more,
except as follows:
No Alternative Building Site
If there is no alternative 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 Site Plan process subject to the
following development standards:
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.
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.
Any development approved pursuant to this section shall be conditioned
upon compliance with the engineer or geologist's recommended mitigation
measures.
Following Site Plan review, and prior to the application for a Building Permit,
a precise engineer or geologist approved mitigation plan shall be submitted
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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.
Not Applicable: The areas that exceed 30% slope meet the definition of
Minor Slope Anomaly as described in this code section.
Parcels with Some Areas of Less than Thirty (30) Percent Slopes
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 (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.
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(c)(1)(a) through (d)., and shall minimize disruption
of natural terrain as viewed from any of those roads identified in Sec. 7-20-
120(b).
Not Applicable: the areas that exceed 30% slope meet the definition of
Minor Slope Anomaly as described in this code section.
Minor Slope Anomaly
Through the She 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.
Compliance: The areas of slopes that exceed the allowed amount have been
determined by a geotechnical engineer licensed in the state of Colorado to be
slope anomalies as a result of recent manmade developments. These areas meet
the definition of Minor Slope Anomaly as described in this code section. Overall
natural slope across the building improvement area according to the geotechnical
report is on the order of 15-20%. See Appendix J.
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Existing Roads and Driveways
Through the Site Plan process, an exception for minor road and driveway improvements
may be permitted to existing roads and driveways that traverse previously disturbed
slopes equal to or in excess of thirty (30) percent, provided that the applicant
demonstrates that all of the following conditions are met:
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.
The proposed use of the road 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 or jeep road that provides access
to a vacant parcel shall not be improved pursuant to this provision to create
access to a new residence).
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.
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.
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 improvements will not cause greater instability or increase the
potential for slope failure.
Not applicable: existing driveway location to be retained for proposed
driveway and doesn't traverse slopes in excess of 30 percent.
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Short Driveway Encroachments
Through the Building Permit process, an exception for short driveway encroachments
may be permitted as follows:
This exception may only be utilized where there is no alternative 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).
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.
All development permitted pursuant to this section shall be subject to the
development standards of Sec. 7-20-20(c)(1)(a) through (d).
Not applicable: existing driveway location to be retained and doesn't
traverse slopes in excess of 30 percent.
Micro Hydroelectric Systems
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.
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.
Any development approved pursuant to this section shall be conditioned
upon compliance with the engineer or geologist's recommended mitigation
measures.
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.
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Not applicable: there are no proposed micro hydroelectric systems on the
site.
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:
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).
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.
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.
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.
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.
The proposed habitable retaining structures shall comply with the standards
for retaining walls found in Section 7-20-20 (e) (6) of this Code 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.
Compliance: The areas of slopes that exceed the allowed amount have
been determined by a geotechnical engineer licensed In the state of
Colorado to be slope anomalies as a result of recent manmade
developments. These areas meet the definition of Minor Slope
Anomaly as described In this code section. Overall natural slope
across the building improvement area according to the geotechnical
report is on the order of 15-20%. See Appendix J.
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Pitkin County Solid Waste Center Operations
The BOCC may authorize the following types of activities to occur at the Pitkin County
Solid Waste Center through the PUB Zone District Master Plan process:
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 Master Plan.
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:
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%).
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%).
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.
The plan shall receive the approval of the State of Colorado
(if such approval is necessary).
The plan shall demonstrate that the slopes resulting from the
earth moving or similar land disturbing activities will be
stable.
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.
Not applicable: We do not carry out Pitkin County solid waste
operations.
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Chapter 4 Less Than Thirty (30) Percent Gradient
Chapter 5 All activity and development on slopes with a gradient of thirty (30) percent or
greater shall comply with the following standards.
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.
Not applicable: all slopes in proposed activity envelope proven to be
effectively 15-20%
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:
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.
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.
Compliance: Original grade will not be raised or lowered more than seven
feet in areas where it is used to reduce the steepness of man-made slopes
and four feet in all other areas.
Grading for Accessory 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.
Not applicable: No accessory buildings proposed.
Limits on Graded, Excavated, or Filled Man -Made Slopes
Where grading, excavation, or filling is necessary, grading, excavation, or
filling to create slopes of twenty-five (25) percent or less is strongly
encouraged.
Compliance: Filling will create slopes of less then 25% to the fullest extent
possible. If a slope would be more then 25% a retaining wall will be used
and noted on the site plan.
Graded or filled man-made slopes shall not exceed a slope of fifty (50)
percent.
Compliance: No proposed slopes exceed 50%.
Cut man-made surfaces or slopes shall not exceed a slope of fifty (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 or private property.
Not applicable: No proposed slopes exceed 50%.
All cut, filled, and graded slopes shall be recontoured to the natural, varied
contour of the surrounding terrain.
Compliance: All cut, filled, and graded slopes will be recontoured to the
natural contour of the terrain.
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.
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.
Compliance: All retaining walls will not exceed four feet in height.
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.
Not Applicable: All retaining walls will be less than 4 height in height.
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.
Not Applicable: No terraces are being utilized.
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Retaining walls used to support existing road cuts may exceed (a),(b), and
(c) of these guidelines.
Compliance: Not applicable, no alterations to existing road cuts.
Standards for Retaining Walls
Retaining walls shall be faced with stone or earth -colored materials similar to
the surrounding natural landscape.
Compliance: All retaining walls will be faced with natural colored stone or
earth -colored materials.
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.
Compliance: All retaining walls will comply with the more restrictive code.
Detention/Stormwater Facilities
Where detention basins and other storm and erosion control facilities may be required,
any negative visual and aesthetic impacts on the natural landscape and topography shall
be minimized to the maximum extent practicable.
Not applicable: No proposed storm water detention facility on site.
Utility Cuts
Utility cuts on any slope with a gradient of fifteen It 5) percent or greater shall be
reviewed through the Site Plan process.
Not applicable: No proposed utility cuts will exceed a gradient of fifteen (15)
percent.
Revegetation 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.
Compliance: All exposed and created slopes will be revegetated per the most
restrictive provisions of Sec 7.20-130, Pitkin county revegetation guide, the Pitkin
county landscaping, and the roadway landscaping guidelines.
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(I) Exceptions
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.
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.
Not applicable: No proposed construction of non -motorized public
trails on the parcel.
Section 7-20-120(d): 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-way 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 Viewplanes 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
fagades to avoid a wall or row effect, and staggering rooflines 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 or parcel.
(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
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a 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.
(6) 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 least one of the locations specified in subsection (e) as they
may apply to the particular property.
(11) Earth Tone Materials - The exterior of all development, except development located
and designed in the form of a ranch compound, shall be built or painted with
indigenous earth tone materials or colors. The exterior of a ranch compound should
be built 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 Area - 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 Pasture - 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 road 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 soft, curving edges and shall avoid straight line
corridors that are incongruous with the natural setting.
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Compliance: Refer to the attached Scenic Review Documents for compliance
of items 1 - 14. The existing vegetation is quite dense and has the ability to
almost entirely hide the proposed residence from Highway 82. The proposed
structure will be located on the same footprint as the existing house is now,
which is as far back from highway 82 as topography allows. All existing
vegetation will be retained or relocated on site to the fullest extent possible.
Section 7-20-130: LANDSCAPING & VEGATION PROTECTION
All development in Pitkin County shall comply with the Pitkin County Landscape Guidelines and portions
of development adjacent to public roads shall comply with the Roadway Landscaping Guidelines
contained in the Pitkin County Asset Management Plan. In case of conflict between the provisions of
these two documents and the standards below, the guideline documents shall apply.
(a) Purpose
These regulations are intended to preserve existing vegetation on development sties to the maximum
extent consistent with the permitted development, and to ensure that specific 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 varied 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 vlewplane. Use of indigenous shrubs or trees to enclose a portion of the property
immediately surrounding a dwelling, barn, and/or accessory buildings (as opposed to the entire
property or a large area of the property) are permitted if made to resemble similar windbreaks
located near older properties in Rural Areas of the County.
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(5) Visibility Clearance
All landscaping shall be installed and maintained so that it does not interfere with the ability of
drivers to see nearby traffic at the intersection of any driveway with a public road, or at the
intersection of two public roads.
(6) Utility Easements
Whenever the provisions of this Sec. 7-20-130 would require the installation of trees or shrubs
over or on utility easements, where branches or roots might interfere with utility lines or pipes, the
required location for such trees and shrubs shall be modified to require installation at the closest
location that would avoid potential conflicts with utilities and would enable the trees and shrubs to
serve the same landscaping purpose.
(7) Financial Security
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.
Compliance: The applicant agrees to comply with these standards regarding Landscaping and
Vegetation Protection. All proposed landscape berms will be less than 25% grade and less then
four feet in height. The applicant agrees to take all proactive measures to protect natural
vegetation on the property. The applicant will replant all disturbed areas with appropriate
vegetation in accordance with the Pitkin County Landscape Guidelines and the natural conditions
of the property and will be maintained according to county standards.
(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
Secs. 7-20-70, 7-20-80, or 7-20-120 require a different treatment.
Not applicable: Parcel not in a rural area.
(d) Required Landscaping in Urban Areas
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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.
Compliance: Landscaping will be used to screen all satellite dishes and other
telecommunications equipment when located within two hundred feet of adjacent public
roads and visible from such roads, to screen non-residential parking areas and service
areas when viewed from adjacent public roads. Verbiage referring to B-2 zone district
doesn't apply.
(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.
Compliance: Landscaping elements composed of indigenous species of shrubs and
trees will be sufficient to block visibility of seventy-five (75) percent of the dish or
equipment within three 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 ten (10) feet of linear landscape area, plus two (2) groundcover plants per each
five (5) linear feet of landscape area.
Not applicable: Not a B-2 zone district lot.
(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
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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) groundcover plants per five (5) linear
feet of landscaped area.
Not applicable: Not a B-2 zone district lot.
(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 fagade 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
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.
Not applicable: Not a B-2 zone district lot.
(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.
Not Applicable: No alternate approach will be desired.
000023
F -I
F--Y41P, Ir a
FORUM PHI I Consent and Authorization to Represent
Date: June 13, 2017
Client: Dunromin LLC
Client Address: 42705 Highway 82, Aspen CO 81611
Pitkin County Community Development Department
130 South Galena Street, 3rd Floor
Aspen, Colorado 81611
42705 Highway 82, Aspen CO
Dear Director,
This letter shall serve as my approval for Dunromin LLC (represented by Forum Phi) to apply for and submit land
use applications, building permit applications, and subsequent documentation for the property at 42705 Highway
82, Aspen CO, 81611. 1 authorize Forum Phi to submit, represent and obtain materials on the behalf of the owner
of 42705 Highway 82, Aspen CO, 81611.
I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning, Building
Permit Application, or to gain building file information on out behalf for the project located at 42705 Highway 82,
Aspen CO, 81611. They may represent us during the application review and approval processes. They may act on
our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto.
Steev Wilson, Partner, AIA
Forum Phi Architecture
715 W Main Street, Ste 204
Aspen, CO 81611
Sincerely,
_ ! Gr,LyrCn,O
Owner name Dunronnin, LLC
forumphl.eom I p. 970 279.4109 1 f.866.770.5585
Aspen: 715 W. Mein, #204 Aspen. CO 81611
Basalt: 104 Midland Ave. #202 Basalt, CO 81621
Ou0024
June 27, 2017
Date
Cl
Appendix B
Viscinity Map
42705 Highway 82, Aspen CO
Mountain Valley Subdivision: Block 1: Lot 4
Project Site
42705 Highway 82
Title Insurance Commitment
�"Y. ISSUED 6Y
First American Title Insurance Company
Commitment
INFORMATION TABLE OF CONTENTS
The Title Insurance Commitment is a legal contract between you and the
Company. It is issued to show the basis on which we will issue a T'Ne AGREEMENT TO ISSUE POLICY
Insurance Policy to you. The Policy will insure you against certain risks to the
land title, subject to the limitations shown in the Policy. CONDITIONS
The Company will give you a sample of the Policy form, if you ask.
The Policy contains an arbitration clause. All arbitrable mailers when the
SCHEDULE A Insert
Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of Commitment Date
either Ore Company or you as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at 1101rww.a9a.oral.
The Commitment is based on the land tide as of the Commitment Date. Any 2. Policies to be Issued, Amounts
changes in the land title or the transaction may affect the Commitment and and Proposed Insureds
the Policy.
The Commitment is subject to its Requirements, Exceptions and Conditions. 3. Interest in the Land and Owner
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE 4. Description of the Land
COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY
CAREFULLY. SCHEDULE B-1- REQUIREMENTS Insert
If you have any questions about the Commitment, contact:
FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE B -II - EXCEPTIONS Insert
1 First American Way, Santa Ana, California 92707
AGREEMENT TO ISSUE POLICY
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A,
this Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also,
our obligation under this Commitment will end when the Policy is issued and Nen our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
• The Provisions in Schedule A.
• The Requirements in Schedule B -I.
• The Exceptions in Schedule B -II.
• The Conditions on Page 2.
This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
First American Title Insurance Company
24.
✓•"�[���tl���' Dennis J. Gilmore Timothy Kemp
President Secretary
(This Commitment is valid only when Schedules A and 8 are attached) This Jacket was created electronically and constitutes an original document
Copyright 2006.2009 American Land Title Association. All fights reserved. The use of this form is resbicted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited. Reprinted under license from the American Land Tide Association.
Forth 5011000(6-22-10)
0000213
Page 1 of 2
ALTA Plain Language Commitment (6-17-06)
CONDITIONS
1. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) 'Public Records" means title records
that give constructive notice of matters affecting your title according to the state statutes where your land is
located.
2. LATER DEFECTS
The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear
for the first time in the public records or are created or attached between the Commitment Date and the date on which
all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this
amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend
Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be
liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements.
If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited
to your actual loss caused by your relying on this Commitment when you acted in good faith to:
or
Comply with the Requirements shown in Schedule B - Section I
Eliminate with our written consent any Exceptions shown in Schedule B - Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is
subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must
be based on this Commitment and is subject to its terms.
Form 5011000 (6-22-10) Page 2 of 2 I ALTA Plain Language Commitment (6-17-06)
060021
American Land Title Association
First American Title Insurance Co.
Commitment No.: 17003696
SCHEDULEA
1. Effective Date: April 10, 2017 at 07:45 AM
2. Policy or Policies to be issued:
A. ALTA Owners Policy (06/17/06)
Proposed Insured: Dunromin, LLC, a Colorado limited liability company
Certificate of Taxes Due
Endorsements:
CO -110.1 (Delete 1, 2, 3, 4)
Additional Charges:
ALTA Commitment Form
Adopted 6-17-06
Amount
$2,050,000.00
Total
3. The estate or interest in the land described or referred to in this Commitment is Fee simple.
4. Title to the Fee simple or interest in the land is at the Effective Date vested in:
Kenneth Grabow
5. The land referred to in the Commitment is described as follows:
SEE EXHIBIT A ATTACHED HERETO
For informational purposes only, the property address is: 42705 Highway 82, Aspen, CO 81611.
Attorneys Title Insurance Agency of Aspen, LLC
By: Vaiv4LLGUR—
Winter VanAlstine
Authorized Officer or Agent
Premium
$2,077.00
$25.00
$75.00
$0
$2,177.00
FOR INFORMATIONAL PURPOSES OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT:
Attorneys Title Insurance Agency of Aspen, LLC, 715 West Main Street, Suite 202, Aspen, CO 81611, Phone: 970
925-7328, Fax: 970 925-7348.
Copyright 2006-2009 American Land Title Association. All right reserved.
AMERICAN
The use of this Farm is restricted to ALTA licensees and ALTA members In good standing as of the date of use.
[AND TITIL
All other uses are prohibited. Repnnted under license from the Amerkan Land Title Association.
A5500AMIN
17003696
0u0023
American Land Title Association
Commitment No.: 17003696
First American Title Insurance Co.
SCHEDULE B
ALTA Commitment Form
Adopted 6-17-06
1. Requirements:
1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
2. Pay us the premiums, fees and charges for the policy.
3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded.
4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the
land or who will make a loan on the land. We may then make additional requirements or exceptions.
5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due
and payable.
6. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an
authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122).
7. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against
any unfiled materialmen's or mechanic's liens.
8. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to
herein, from Kenneth Grabow to Dunromin, LLC, a Colorado limited liability company, the proposed insured,
Schedule A, item 2A. NOTE: C.R.S. Section 38-35-109(2) required that a notation of the purchaser's legal
address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded.
9. Release of the Deed of Trust from Kenneth Grabow to the Public Trustee of Pitkin County for the benefit of Alpine
Bank, a Colorado Banking Corporation, to secure an indebtedness in the principal sum of $1,300,000.00, and any
other amounts and/obligations secured thereby, dated March 18, 2016, and recorded March 18, 2016, as
Reception No. 627940.
10. Certificate of Good Standing from the Colorado Secretary of State for Dunromin, LLC, a Colorado limited liability
company.
11. A copy of the properly signed and executed Operating Agreement if written, for Dunromin, LLC, a Colorado limited
liability company, to be submitted to the Company for review.
12. Record a Statement of Authority to provide prima facie evidence of existence of Dunromin, LLC, a Colorado
limited liability company, an entity capable of holding property, and the name of the person authorized to execute
instruments affecting title to real property as authorized by C.R.S. Section 38-30-172.
Copyright 2006-2008 American Land Title Association. All right reserved. fi
AMERICAN
The use of this Form Is restricted to ALTA licensees and ALTA members LAN n TI TL L
in good standing as of the date of use. All other uses are prohibited. AWIC 14I aIN
Reprinted under license from the American Land This Association.
17003696
000029
American Land Title Association ALTA Commitment Form
Adopted 6-17-06
First American Title Insurance Co.
Commitment No.: 17003696
SCHEDULE B
(Continued)
13. Improvement Survey Plat sufficient in form, content and certification acceptable to the Company. Exception will be
taken to adverse matters disclosed thereby.
NOTE: This Requirement has been satisfied.
14. Receipt by the Company of the appropriate Lease Affidavit indemnifying the Company against any existing leases
or tenancies, and any and all parties claiming by, through or under said lessees.
15. This Title Commitment is subject to underwriter approval.
2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained
by an inspection of the Land or by making inquiry of persons in possession thereof.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the Land would disclose, and which are not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not
shown in the Public Records.
5. Any and all unpaid taxes, assessments and unredeemed tax sales.
NOTE: This exception will not appear on the final title policy upon payments of taxes and premiums.
6. (a) Intentionally deleted; (b) Intentionally deleted; (c) water rights, claims or title to water, whether or not the
matters excepted under (a), (b), or (c) are shown by the Public Records.
7. Taxes and assessments for the year 2017, and subsequent years, a lien not yet due or payable.
8. 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 and right of way for ditches or canals constructed by the
authority of the United States as reserved in United States Patent dated January 13, 1908, and recorded October
14, 1920, in Book 55 at Page 561, as Reception No. 080870,
9. Any and all notes, easements and recitals as disclosed on the recorded Mountain Valley Subdivision, First Filing
Plat recorded August 6, 1965, in Plat Book 3 at Page 36, as Reception No. 121407.
10. Terms, conditions, provisions, agreements and obligations specified under the Water Agreement dated April 13,
1966, and recorded July 27, 1966, in Book 221 at Page 510, as Reception No. 124868,
Copyright 2006.2009 American land Title Association. All right reserved. IIIIIIIIIIIIIIIIIIIIIII•
AMERICAN
The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. I AN n TI TL r
All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOC IA1 ION
17003696
000330
American Land Title Association
Commitment No.: 17003696
First American Title Insurance Co.
SCHEDULE B
(Continued)
ALTA Commitment Form
Adopted 6-17-06
11. Terms, conditions, provisions, agreements and obligations specified under the Warranty Deed dated August 25,
1967, and recorded August 30, 1967, in Book 228 at Page 546, as Reception No. 128337, and Affidavit recorded
January 10, 2001, as Reception No. 450398, and Affidavit recorded February 1, 2001, as Reception No. 451156,
and Amended Access Easement Agreement and Vacation of Easement dated December 8, 2006, and recorded
December 8, 2006, as Reception No. 531975.
12. Terms, conditions, provisions, agreements and obligations specified under the Deed of Easement recorded June
4, 1971, in Book 255 at Page 724, as Reception No, 145941.
13. Terms, conditions, provisions, agreements and obligations specified under the Articles of Incorporation of
Mountain Valley Homeowners Association, a Colorado Corporation Not for Profit, dated January 2, 1981, and
recorded April 19, 1982, in Book 425 at Page 276, as Reception No. 240705, and Composite Articles of
Incorporation of Mountain Valley Homeowners, Inc., also known as Mountain Valley Homeowners Association, a
Colorado Corporation Not for Profit, dated August 2, 2013, and recorded August 2, 2013, as Reception No.
602226.
14. Terms, conditions, provisions, agreements and obligations specified under the Grant of Right of Way for Domestic
Water Line dated May 6, 1982, and recorded August 24, 1982, in Book 431 at Page 479, as Reception No.
243650.
15. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Pitkin County,
Colorado, Board of Adjustment Granting Setback Relief for Bryan Harper (Resolution No. 90-14) dated April 3,
1990, and recorded May 8, 1990, in Book 620 at Page 22, as Reception No. 322418.
16. Terms, conditions, provisions, agreements and obligations specified under the Amended Protective Covenants of
Mountain Valley Subdivision, dated June 27, 1991, and recorded July 17, 1991, in Book 651 at Page 625, as
Reception No. 334643, and First Amendment to the Amended Protective Covenants of Mountain Valley
Subdivision and Articles of Incorporation of Mountain Valley Homeowners Association, a Colorado Corporation Not
for Profit, dated April 24, 2013, and recorded May 1, 2013, as Reception No. 599155.
17. Terms, conditions, provisions, agreements and obligations specified under An Ordinance of the Board of County
Commissioners of Pitkin County, Colorado, Amending Section 3-1.1 and adding a new section 3-1.15 to the Pitkin
County Land Use Code for the Purpose of Creating a new zone district (R -15A) and Amending Sections 3-2 to
Establish Area and Bulk Requirements for the R-1 5A Zone District and Granting Rezoning to the Mountain Valley
Subdivision from R-15 to R-1 5A, in order to Allow Moderate Increase in the Floor Area of the Homes Within this
Subdivision (Ordinance No. 93-13) dated July 27, 1993, and recorded August 17, 1993, in Book 721 at Page 574,
as Reception No. 360141.
18. Any and all notes, easements and recitals as disclosed on the recorded Murray 1041 Hazard Review Site Plan
Plat recorded March 29, 2005, in Plat Book 72 at Page 42, as Reception No. 508356, and First Amended Murray
1041 Hazard Review Site Plan recorded May 25, 2005, in Plat Book 73 at Page 80, as Reception No. 510509.
Copyright 2006-2009 American Land Title Association. All right reserved. ii•
AMERICAN
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLL
All other uses are prohibited. Reprinted under license from the American Land Title Association. AssLxunoN
17003696
0GOJ31
American Land Title Association
Commitment No.: 17003696
First American Title Insurance Co.
SCHEDULE B
(Continued)
ALTA Commitment Form
Adopted 6-17-06
19. Terms, conditions, provisions, agreements and obligations specified under the Administrative Determination of the
Community Development Director Approving the Murray Detached Caretaker Dwelling Unit (Lot 4, Mountain Valley
Subdivision) (Determination No. 39-2005), dated May 1, 2005, and recorded May 5, 2005, as Reception No.
509755.
20. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Pitkin County,
Colorado Board of Adjustment Granting a Variance for Lot 4, Mountain Valley Subdivision (Resolution No.
03-2005) dated May 3, 2005, and recorded May 11, 2005, as Reception No. 509979.
21. Terms, conditions, provisions, agreements and obligations specified under the Determination of the Hearing
Officer of Pitkin County, Colorado, Approving the 42705 Hwy LLC Activity Envelope and Site Plan Review
(Determination No. 1-2015) dated April 10, 2015, and recorded May 18, 2015, as Reception No. 619939.
22. Any and all notes, easements and recitals as disclosed on the recorded 42705 Hwy 82 LLC Activity Envelope / Site
Plan, recorded June 19, 2015, in Plat Book 111 at Page 67, as Reception No. 621070.
23. Terms, conditions, provisions, agreements and obligations specified under the Resolution of the Pitkin County,
Colorado Board of Adjustment Granting a Major Road Setback Variance to Lot 4, Mountain Valley Subdivision
(Resolution No. 16-2014) dated July 16, 2015, and recorded September 22, 2015, as Reception No. 623460.
24. Any and all notes, easements and recitals as disclosed on the recorded Exhibit Map, Driveway Location
Verification, recorded June 18, 2016, as Reception No. 630294.
25. Encroachment of landscaping and edge of lawn, along westerly portion of Lot 4, as shown on the Improvement
Survey dated March 2017, provided by Aspen Survey Engineers, Inc. as Job 35066F.
26. Encroachment of driveway and landscaping from Lot 4 onto Lot 3, as shown on the Improvement Survey dated
March 2017, provided by Aspen Survey Engineers, Inc. as Job 35066F.
27. Intentionally deleted.
28. Deck on the Northeast side of the house is outside of the building envelope, as shown on the Improvement Survey
dated March 2017, provided by Aspen Survey Engineers, Inc. as Job 35066F.
29. Overhead Utilities for which there is no easement, as shown on the Improvement Survey dated March 2017,
provided by Aspen Survey Engineers, Inc. as Job 35066F.
30. Tie Wall on the easterly side of the property is off of the subject property, encroaches into Lot 3 and encroaches
onto the waterline and utility easements, as shown on the Improvement Survey dated March 2017, provided by
Aspen Survey Engineers, Inc. as Job 35066F.
31. Any loss or damage due to the fence not coinciding with the property boundary, as shown on the Improvement
Survey dated March 2017, provided by Aspen Survey Engineers, Inc. as Job 35066F.
Copyright 2006-2009 American Land Title Association. All right reserved. IIIIIIIIIIIIIIIIIIIIII■
AMERICAN
The use of this Fan Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. LAND TIT! t
ASSOCIATION
All other uses are prohibited. Reprinted under license from the American Lend Title Association.
17003696
0u"0332
Commitment No.: 17003696
First American Title Insurance Co.
EXHIBIT A
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
Lot 4, MOUNTAIN VALLEY SUBDIVISION, FIRST FILING, according to the Plat thereof recorded August 6, 1965 in Plat
Book 3 at Page 36, as Reception No. 121407, Pitkin County, Colorado.
ALTA Commitment
Exhibit A
000el 33
17003696
� «r
R'sr.4meric4a Tide'"
DISCLOSURE STATEMENT
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and Recorder's office shall
contain a top margin of at least one inch and a left, right and bottom margin of at least one-half of an inch. The Clerk and
Recorder will refuse to record or file any document that does not conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with
the disclosuretwithholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations B-1-2 requires that "Every title insurance company shall be responsible
to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the
title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance
company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's
policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction
which was closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance
contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation
from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or
instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction
shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance instrument exception, or
exceptions, in Schedule B, Section 2.
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. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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:
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, 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 material -men 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 un -filed
mechanic's and material -men'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.
First American Title Insurance Company
0 1334
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate
transaction shall disburse funds as a part of such services until those funds have been received and are available for
immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document
presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or
grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts
or information to an insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or
agent of an Insurance company who knowingly provides false, incomplete, or misleading facts or information to a
policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with
regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of
insurance within the department of regulatory agencies.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA
Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the
commitment.
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.
First American Title Insurance Company
Ou 03D
ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC
715 West Main Street, Suite 202
Aspen, CO 81611
Attorneys Title Insurance Agency of Aspen, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V. of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through it affiliates,
from sharing non-public personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document, which notifies you of the privacy policies and practices of Attorneys Title Insurance Agency of Aspen,
LLC.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on application or other forms.
• Information about your transactions we secure from out files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customer to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
TELEPHONE 970 925-7328 A - A FACSIMILE 970 925-7348
000030
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PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: 42705 Hwy 82, Lot 4, Blockl, Mountain Valley Subdivision PID# 273717307032
LOT SIZE: 13,643 square feet ZONE: R -15A
OWNER: Dunromin LLC
REPRESENTATIVE: Taylor McCalla PHONE/EMAIL: 618-8580; tmccalla(a)forumphi.com
PLANNER: Mike Kraemer DATE: June 7, 2017
PHONE: (970) 920-5482 E-MAIL: michael.kraemer(D.pitkincounty.com
Type of Application: Minor Amendment to a Development Permit and Site Plan Review
Description of ProjectlDevelopment: The Applicant requests approval for amendment to a previously
approved Activity Envelope and Site Plan recorded at Hearing Officer Determination No. 1-2015 and Site
Plan recorded at BK111 PG67. The Applicant is desirous of gaining approval for an alternative house
design and location. The previously approved Activity Envelope is still vested.
Land Use Code Sections to be addressed in letter of request (application):
• Sec. 2-20-150: Minor Amendments to a Development Permit
• Sec. 7-20-20: Slopes
• Sec. 7-20-120(d): Scenic View Protection Areas— as viewed from Hwy 82.
• 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: Mountain Valley Subdivision HOA.
FEES: $2,654 (make check payable to "Pitkin County Treasurer")
• $2,600 Planning Office flat fee (non-refundable, based on 8 hours of staff time. If staff review time
exceeds 9.6 hours, the Applicant will be charged for additional time above 8 hours at a rate of
$325/hour)
• $54 Public Notice Fee
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;
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
00003)
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 COMPLETE APPLICATION.
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:
http:/Avww. pitkincounty. com/196/Land-Use
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and PVN IZ Q H I N �—t-- �—
(hereinafter APPLICANT) AGREE AS FOLLOWS:
APPLICANT has submitted to COUNTY an application for Ll '22.7 05- t+l (. R wqy Ob 2—
(hereinafter,
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2016 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 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 $ 2(e7 `1 which is based ongfPhours 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
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HEP`AORTH-PAWLAK GEOTECHNICAL
January 27, 2015
Ken Grabow
c/o 42705 Hwy 82 LLC
P.O. Box 1006
Aspen, Colorado 81612
kentii;isgrrnm :conl
Job No. 115 018A
Subject: Geotechnical Review of Disturbed Slope Areas, Proposed Residence
Additions, Lot 4, Mountain Valley Subdivision, Filing 1, 42705 Highway
82, Pitkin County, Colorado
Dear Mr. Grabow:
As requested, the undersigned representative of Hepworth-Pawlak Geotechnical, Inc. met
with Jody Edwards at the subject site on January 26, 2015 to observe the slope areas
below and above the existing residence for man -disturbed conditions. The review was
conducted to address section 7-20-20: Steep and Potentially Unstable Slopes of the Pitkin
County Land Use Code, and according to our agreement for professional services with
you dated January 19, 2015.
Development Plans: Building improvements proposed to the existing residence include
an attached garage addition to the southwest corner of the residence and a second level
deck addition to the east side of the residence. A low retaining wall is proposed along the
uphill, north side which will help to improve drainage around the existing residence.
These proposed improvement areas include slopes of 30 to 45% and greater than 45% that
have been disturbed by existing building foundation construction, landscape grading, fill
material placement for the Lot 5 driveway and surface drainage grading along the
southwest side of the property. New foundations for the garage, retaining wall and deck
additions will need to extend down through the disturbed soils and bear on the underlying
natural, dense granular soils as typically recommended for foundation support in this area.
Slope Stability Conditions: The lot is predominantly south facing and snow cover in the
building site was patchy to about one foot deep at the time of our site visit. The property
is located on glacial moraine deposits comprised of relatively dense, coarse granular soils
to boulder size that are relatively well drained and not prone to slope instability. The
overall natural slope across the building improvement area appears to be on the order of
15 to 20%. The steep slopes in the proposed garage addition area below the existing
residence and the other localized steep slopes along the uphill, northeast side and the east
and west sides of the existing residence were observed for the extent of disturbance by the
prior site development. The extent of the disturbed areas appears limited to mainly cut
slopes up to about 5 feet high at the uphill, north and east sides of the residence and in the
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Ken Grabow
January 27, 2015
Page 2
southwest part of the lot, and localized fill placed along the west side of the residence and
driveway to Lot 5. In general, the extent of the steeper sloping, man -disturbed areas
follow the existing building perimeter and extend along the drainage to the southwest of
the residence.
Conclusions: Based on our review, the man -disturbed areas uphill and downhill of the
existing residence are minor slope anomalies and new development that extends into
these disturbed areas will not increase the potential for slope failure with proper design
and construction. Geotechnical recommendations and grading plans should be developed
for the proposed improvements prior to construction. Once the development plans have
been determined, we should review them for compliance with our recommendations and
perform additional analyses as needed.
If you have any questions or need further assistance, please call our office.
Sincerely,
HEPWORTH — PAWLAK GEOTECHNICAL. INC.
Steven L. Pawlak, P.E. C& 1 I 2 3
Rev. by: DEH
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cc: Stan Mathis (pmbaddo¢s(y)mail.com
Klein Cote Edwards Citron—Attu: Jody Edwards (iccLct)kccclaw.conr)
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Pitkin County Mailing List of 300 Feet Radius
From Parcel: 273717307032 on 09/13/2017
07KIN
COUNT
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Instructions:
This document contains a Mailing List formatted to be
printed on Avery 5160 Labels. If printing, DO NOT "fit to
page" or "shrink oversized pages." This will manipulate the
margins such that they no longer line up on the labels
sheet. Print actual size.
Disclaimer:
Pitkin County GIS presents the information and data on this web
site as a service to the public. Every effort has been made to
ensure that the information and data contained in this electronic
system is accurate, but the accuracy may change. Mineral
estate ownership is not included in this mailing list. Pitkin County
does not maintain a database of mineral estate owners.
Pitkin County GIS makes no warranty or guarantee concerning
the completeness, accuracy, or reliability of the content at this
site or at other sites to which we link. Assessing accuracy and
reliability of information and data is the sole responsibility of the
user. The user understands he or she is solely responsible and
liable for use, modification, or distribution of any information or
data obtained on this web site.
hftp://www.r)itkinmai)sandmore.com
SHADOWWOOD LLC
RIVER SANCTUARY LLC
COHAN WILLIAM A & JUDITH A
11444 W OLYMPIC BLVD 10TH FL
1315 MOUNTAIN VIEW DR
BOX 3448
LOS ANGELES, CA 90064
ASPEN, CO 81611
RANCHO SANTA FE, CA 92067
FRANZ PETER
BOENNING ANNE W
JOHNSTON DAVID K
7228 QUEENFERRY CR
PO BOX 9108
PO BOX 9108
BOCA RATON, FL 33496
ASPEN, CO 81612
ASPEN, CO 81612
WRIGLEY DONALD R & JUDITH A
OK MOUNTAIN LAUREL LLC
HOPTON CHARLES H
328 E LUPINE DR
PO BOX 54390
0149 E LUPINE DR
ASPEN, CO 81611
OKLAHOMA CITY, OK 73154
ASPEN, CO 81611
GK 2008 APRT
SK 2008 APRT
OCHS CHRISTOPHER 8 SUZANNE
2039 N MEDINA LINE
2039 N MEDINA LINE RD
11340 HOLIDAN WY
AKRON, OH 44333
AKRON, OH 44333
HOUSTON, TX 77024
K A & M PITKIN PARTNERS LLC
GRAY MICHELE MARIE
MOY JANE W
5419 WATEKA DR
37 MOUNTAIN LAUREL DR
39 MOUNTAIN LAUREL DR
DALLAS, TX 75209
ASPEN, CO 81611
ASPEN, CO 81611
COATES KIMBERLEE A
MOSS ANTHONY
MOSS NOAH LIVING TRUST
212 E LUPINE DR
514 PUNAHOU ST
6 MOUNTAIN LAUREL CT #1
ASPEN, CO 81611
ALTADENA, CA 91001
ASPEN, CO 81611
KNOX SUSAN A REV TRUST
HUNT FAMILY TRUST
HOPKINS SHEILA
0006 MOUNTAIN LAUREL CT
2324 ABERDEEN BND
14 CARLTON HILL
ASPEN, CO 81611
CARROLLTON, TX 75007
LONDON NWB OJY
UNITED KINGDOM,
STEIN PETER
NIKOLICH GEORGEANN REV TRUST
ASPEN MOUNTAIN VALLEY INVESTMENTS
BLOEMGRACHT 71C
4407 W AZEELE ST
PO BOX 618
AMSTERDAM 1016KG NETHERLANDS,
TAMPA, FL 33609
LAREDO, TX 78042
INDEPENDENCE VIEW TOWNHOMES ASSOC
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42701 HWY 82
COMMON AREA
COMMON AREA
ASPEN, CO 81611
E LUPINE DR
6 MOUNTAIN LAUREL CT
ASPEN, CO 81611
ASPEN, CO 81611
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FORUM PHI 142705 Highway 82 - Scenic Review
Civil Engineering Report
The proposed residence at 42705 Highway 82 intends to make use of the existing road cut on
Highway 82 and the footprint and elevations of the existing driveway will be used to the fullest
extent possible. In areas where the driveway cannot be retained, the drive will conform to the
City of Aspen standards, as this property lies within the urban growth boundary. The current
residence that exists on the lot has City of Aspen water supply and wastewater supply, as well
as cable, electric, and gas. The utility lines will remain in their current location for the new
residence.
forumpftl.com I p. 970.279.4109 1 f. 866.770.5585
Aspen: 715 W. Main St, 0204 Aspen, CO 81611
Basalt: 104 Midland Ave, $202 Basalt, CO 81621
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A General
Freestanding mount for use with Double -Impact (see page 31.
B Special Features
Receives fitting for flush installation.
C Mounting
Bollard secured to base with supplied screws; specify base for
bolt -down, stake -down, orj-bolt concrete pour (see page 21.
DFitting
Torsion spring clips retain fitting at optimum 18" (457mm)
above Walking surface; recommended 36" 1914mm] on -center
when using multiple Bollards.
Construction
Bollard body is extruded aluminum with stainless steel internals;
consult factory for availability of custom Bollard body extrusion
dimensions. Painted finishes are granulated powder coat.
"Standard Bollard height is 21.13-1537mm); consult factory for
custom heights; minimum height for remote powered Bollard is
9" 1229mm); minimum height for integral powered Bollard is 14"
(356mm1.
Electrical
Bollard may be specified for use with remote power supply
(BOL -2 -REM) or to include integral AC power supply for use with
ISL-2-ALEO.
BOL -2 -INT -ACE includes integral 120V primary, 12V secondary,
60W dimmable conventional electronic transformer.
See page 4 for remote AC power supplies.
Listing
Bollard and Double -Impact are ETL listed for dry/damp and
wet locations; CE marked; IP65 rated; Dark -Sky approved.
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IudlarOgAling.com
®2075 Lucifer Lighting Company
37501H35 North
Example: BOL -2 -REM -8-11D
LIGHTING COMPANY
As part of its polity, if continuous research and product
San Antonio, Texas 78219
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BOL -2
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FIXTURE TYPE
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model number;
DATE
DECEMBER 1,2016
Powder Coat
CP J -bolt for concrete pour
Exempts: 130L -2 -REM -A -a0-36
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Architectural Bronze
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Minimum height for remote
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1229mm1; minimum height for
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14-(356mml
LUCIFER
IudlarOgAling.com
®2075 Lucifer Lighting Company
37501H35 North
LIGHTING COMPANY
As part of its polity, if continuous research and product
San Antonio, Texas 78219
development, the company reserves the right to change
[PH) .1-210-227-7329
(0824151
orwithdrew, specifications without prior notice.
[FAX) .1410-227-4967
PROJECT
475 N STARWOOD DR
FIXTURE TYPE
LUMINOSITY
PROJECT PH.
PERMIT
L5
TITLE
FIXTCUTSHEETS
:,in Iettarat i,ahi,ne aes.g,
DATE
DECEMBER 1,2016
PAGE 6 OF 35
U t." J
=1 DOUBLE -IMPACT®
ISL-2-ALED
RECESSED LUMINAIRE
DESCRIPTION
..............................................................................
A General
Regressed LED with rectangular aperture for
glare -free, energy efficient, path and step Light-
ing; suitable for dry or wet, interior or exterior
applications.
B Special Features
Dimmable 4.7W AC LED (dimming by power
supply]; LED/heat sink module is field replace -
elite.
C Effects Devices
Provided with sealed polycarbonate linear
diffusion lens; consult factory for availability
of color gels which may achieve custom color
temperatures.
D Installation Guidelines
Optimum 18" (457mm) above walking surface;
60" 11.5m) on -center.
15L-2-ALED
F Retention
Torsion spring clips secure fitting into back box, mounting plate or
appropriately sized cut-out.
G Locking
Specify "-L'• to include tamper resistant discreetly hidden set screw.
Required for IP65 wet location applications.
1
�—�•� 3.27" 183mm1—�
E Gasket W
Foam gasket provided. Required for IP65 wet 4.28" 1109mm)�
location applications only.O _ _ _ _ _ _ _ _ _ i
_L
TECHNICAL
.............................................
CONSTRUCTION
Cast 316 stainless steel or bronze depending on finish
ELECTRICAL
Luminaire requires factory supplied 12 -volt AC power
supply. May be integral to back box or remote. Secondary
run lengths vary depending on power supply specified. See
page 3 for available options and wiring requirements.
MOUNTING
See pages 2 & 3 for various mounting accessories.
LED
Proprietary 4.7 watt nominal AC LED, 80+ CRI, 2 SDCM,
in color temperatures of 2700K, 3000K, 3500K & 4000K,
T
2.75"
F 1.61" 141 mm]
.125"
13mm)
plus Blue and Amber, 150 delivered lumens (32.31m/watt).
Average rated life of 50,000+ hours.
LISTING
TUV listed for dry/damp (IP54 ratedl and wet locations (IP65
rated); CE marked; Dark -Sky approved; Patent No. US
D606,228 S.
WARRANTY
Five year warranty on LED lamp module and driver. One
year warranty on all other Lucifer Lighting provided system
components. Consult website for full warranty terms and
conditions.
...ORDERING INFORMATION (fitting.I .............................................................................................................................
`A.W.—'ressI=locOertightinacom 02016 Lucifer Lighting CompanyI 3751H35 Norm pap
la drING COMPANY development,
part of its policy of continuous research and product San Antonio, Taxes 78219
UC
development,the company reserves the right to change (PH1.1-210-227-7329
[040816] or withdraw specifications without prior notice. (FAX].1-210-2'27-6967
LUMINOSITY
��I^\ O�IT� PROJECT 475 N STARWOOD DR
I PROJECTPH. PERMIT
TITLE
Bich tectu,ai lignl,ns des,t+ DATE
u"`'J62
u
u�
FIXT CUT SHEETS
DECEMBER 1,2016
FIXTURE TYPE
L6
PAGE 7 OF 35
:SERIES
:.............
k:OLOR TENPnNISH
.............................:
:....................................................:
:LOCKING
:..........................'
ISL-2-ALED
2.7K 2700K
w
White Powdemoot
NL Non -Lacking [11 %1
3K 3000K
B
Black Pawdemoal
L LocIii g• IIP651
...............................
3.5K 35MK
C
Chrome
'NOTE S Locking ser^,lore
.................
BBa CRI :
4K 4000K
IR
Industrial Gray
required! lorl 65wet
'•••^'••••••••••••............
•............•••
BL Blue
NBR
Natural Bronze
xcalionapplicaters.
Wmen Package
...............................
432[in
r:..............
AM Amber
55
Brushed Stainless Steel
Power Consumption
] 47wele
CK Custom Color (Gell
BR
Brushed Bronze
"""""""""""""'':""""""':
LEO Source Im/w
[ ; 91.9 1m/w
ABR
Amhitectural Bronze Powdemoat
..................................
..
BRP
Polished Oil -Rubbed Bronze Plate
Fixture Delivered Output
150M
BRM
Matte Oil -Rubbed Bronze Plate
""'"""."""""""""'""""...•..
Fixture Im/w
................................................
32.3 M/w [
MO
Metallic Gray Powdercoat
`A.W.—'ressI=locOertightinacom 02016 Lucifer Lighting CompanyI 3751H35 Norm pap
la drING COMPANY development,
part of its policy of continuous research and product San Antonio, Taxes 78219
UC
development,the company reserves the right to change (PH1.1-210-227-7329
[040816] or withdraw specifications without prior notice. (FAX].1-210-2'27-6967
LUMINOSITY
��I^\ O�IT� PROJECT 475 N STARWOOD DR
I PROJECTPH. PERMIT
TITLE
Bich tectu,ai lignl,ns des,t+ DATE
u"`'J62
u
u�
FIXT CUT SHEETS
DECEMBER 1,2016
FIXTURE TYPE
L6
PAGE 7 OF 35
BeveLED* Trimless ADrusTABLE2433
mini PROJECT INFORMATION
WARM GLOW*DIMMING PROJECT
1111 B T
DATE
Covered By US Patent 8,956,109 and 8,581,520 TYPE
93
1'HEGRESS
BeveLED mini Warm Glow Dimming Trimless Recessed Adjustable
to2200K, creating intimacy whsle enhancing the mood and feeling of space.
UGLI V INt U Frt HFUHMANCE - Adjustable
Max mum Wallop, 11waft
Max,man Color Temperature =I =K 15MK
Color R,nd,r,na Index
Color Consistency 2 -Step MacAdam Ellipse
HOW TO SPECIFY
Ordering Example: Speci y trim coda and housing code to order:
Example 2133W Bt S-dQ.LSLA3-QQt8-WGD1-2722KS-30-QN.277y-ID811 .=
TRIM OPTION GEVELMU LENS BEVEL FINISH
1111 al
3121 W we IocWen'
at I, Ronwrari
a ogle
10 WMb
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elf.
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IC MNi c"o
(spe[iM RAL*)
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t'RagTaxa f�V
eml FMbh
Calor area
IB11
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sm 1DVlFs.
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CORRELATED COLOR TEMPEMTURE 1KELV WI
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CODE WATTAGE CODE count R uon HOUSING TYPE VOLTAGE DMVEROP➢ONS ACCESSORIES ACCESSORIES
order
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33363
PROJECT
475 N STARWOOD DR
PROJECTPH.
PERMIT
TITLE
FIXTCUTSHEETS
DATE
DECEMBER 1,2016
AlIDll ',Relarlo opticY
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L10
PAGE 11 OF 35
MISCELLANEOUS
DOCUMENTS
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on December 12, 2017, the
Pitkin County Community Development Director granted approval for the Dunromin LLC
Minor Amendment to a Development Permit and Site Plan Review (Case P073-17; Deter.
#071-2017). The property is located at 42705 Highway 82 and is legally described as Lot
4, Block 1, Mountain Valley Subdivision. The State Parcel Identification Number for the
property is 2737-173-07-032. 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 FEBRUARY 1, 2018.
titt,I/nnaiA/ioluooluoumooQ/utoo unoout311i //: lq
•aaag3O lluiaeag aql aaolaq lluiavaq ailgnd v of uoilvaiIddu aql anuiluoa
il3gs IuauilaudaQ IuauidolanaQ XIiunuxuioD aqI paniaaaa aa9 uoilvailddig Iuauxdolanap
aqI oI suoilaafgo Xulu3I 'LIOZ `OZ aaquianoN �fq `llgl8 opleaoloD luadsV `IaaalS igualgp
glnoS 0£I `IuauxdolanaQ ,fliunuiuioD ,flunoD ui3llid aqI oI asogl Iiuigns llugs uoilaafgo
ule.io sluauium Iluigns of sagsim oqm aailou ailgnd sigl 2luiniaaaa aaumo ,flaadoad V
as oa Iaa•gns agl3o X00£ uiglim saaump Apaclold IIV uoiluallV
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lotluoo `uoilmuojui joigpnl jo 'OZ aqaanoXqonpon, suotloo fqo jo sluoutuoDN
11918 OD `uadsV 'IS eu3F9 'S 0£I `HuH ) iD `luoutltedaQ IuautdolanaQ XItunututoD
XjunoD upflid agl ui uoiloadsui otlgnd zo3 algjjLAv si uotivotlddu oql 'Z£O-LO-Ul
-L£LZ si ,44iodoid oql aoj .taquxnN uoiluotjiluopl laoaud oluIS aqZ •uoisinipgnS xollLA
utrlunoW `I Aooig `t, lo -I su pogi.tosop XIIuRaI si put, Z8 XvmigB!H SOLZt, lu paWool si
Xlaadotd oqZ •L9 05Bd I I I Moog lu papaooaa Mld aliS pule S Ioz- 100 *ON uoiltuiuualaQ
.taotl O 5ui.tluaH lu papaooa.z uVId altS puu adolanuq XIIA113V panojddv XIsnoinajd
u of lumpuautu ue JOJ lUnoiddu i3utlsonbat (119 18 OD `uadsV `Z8 XLMOTH 90LZ0 DTI
uimo.tun(l Xq polliuzgns uaaq suq uotluotlddu M IBM NIAID AttARRH SI :13IZON
(LI-£LOd asnD)
mainaH ululd allS pulg Iltund IuamdolanaQ a of IuauipuamV aouiW DZZ uituoiunQ :an
:13I10u DIrisrld
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, TyG.otZ MC being or representing an
Applicant to the Pitkin County Development Department, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public comment deadline to all owners of property within 300' of the
subject property, as indicated on the attached list, on ecratw%_ lq , 2017(which is 30 days prior to
the deadline of t4ow-Mroaz"° 2017). 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 conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 3'=1 Noysnavw%2017 which is at least fifteen (15) days prior to the public
comment deadline. A photograph of the posted sign is attached hereto.
___�,y C ,b 2 t-ICCAC 4e
Applicant's name
(Attach photograph here)
JENNIFER OLSON
Notary Public
State of Colorado
Notary IO 20074009921
My Commission Expires Nov 25, 2019
Signature
Signed before me this �&Wday of & -
20 I:iby
/201:iby
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: l 1126 114
J O►& m6m
Mw atylpIanah%NomtndeeclM1ovxdn mu4�da_vTt_fbrXc_tfWHnvelopNSifePlWafttakerDwetliusTinN
i � � 1 ! 4•IIi � j� -
pS
01-
i � � 1 ! 4•IIi � j� -
DUNROMIN LLC
ACTIVITY ENVELOPE & SITE PLAN
427 - .. __ .. _. .. .... _ ... .
CDL
Par
ice" +-G- WILL
�
0�g,S1 0W�
LAND USE PROPOSED
en., e.r av
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re
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Ess
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se DEE n, r r
Y
PROJECT BITE
r
;ENERAL NOTES _
:kin County Board ofAdjustment h s
anted a Major Road Setback Van nce
Ed a Height Variance for L t 4, ck 1,
>untain Valley—WB 5v v ^./.
(solution No. 14 •2017.
.C. NO 643348
r (✓ V JDfit.
V'' I I /e •tV�
X11
ACTIVITY ENVELOPE APPROVAL
T. TANDEEDTTL6: OWN PLAN(OWNERNAW CNV¢( 899
SMORW SITE PLAN (OWNER OWES O/ SFIAEL BEES
SHOWN (NTHEASSESSOR RECORUSONTHE DATE
OF RECORDATION)
2. DISCLAEIIER:
APPLICANTACKNOWLI?OGES THATfffBITE NAS BEEN
INFORMED BY PO'EUN COUNTY OF THE EXISniNCE OF
ENVIRONMENTAL IWARDAREAS I IAIGNTAFFTE
THF OCCUPTY,ANYIMPROVEMENTS.ANDTNEUSE
AND OC(OPANCYTTIEREOF.THE PROTINM WAY PITKIN COUNTY REGULATIONS W NOT W ANY WAY
ASSURE OR IMRT THATAREASOUISmE OF
IIAZ
DESIGNATEDN TA,AREASWD.L1GFREE FROM
WIU 0lJS.ORTHl! OIE S 0VE0 MITIGATION MEASURES
WILLOUARANIEE THE SAFETYOFANYPROPERTT.
PROPERTY OWNERIS) NAME (OWNER NAME(S) SHALL BE
AS SHORN N THEA.SSESSOR RECORDS ON THE OA TE OF
RECORDATION)
S. PITIGN COUNTY COMMUNITY
De\'6LOPMiNT DH2ECl'ORAPPflO\'AL
THLS ACnVRY ENVELOPEANT]/OR STIE PLAN HAS BEEN
REDAN7rAPPROVED CO
DO- ElEMENTD TlaS AYOF
O20 SUBIECIOHETERl4SANDCONBTONS F
ADM IVEDECTSION NO RECORDED RJ
THE OFFICE
FICE OITISPROW COUNTY CLERKAND
RECORDER AS
RECEPTION NO.
COMMUNITY DE\TlOPMENTDIRCCIDR
A. CLERKANDRECORDERACCBPTANCLFOR
RECORE
THLS ACTIVITY ENVELOPEAAWA STIE PLAN IS
ACCEPTED FOR nlTNO M THE OFFICE OF THE CLERK d
RECORDER OF PrOE COUN'T'Y. COLORADO, THIS
DAYOF .20 ,]NPLAr BOOK_AT
PAGE ASRECEPHONNO.
CLhItICAND RECORDER
LAND USE EXHIBIT
PAGE 1 OF 2
C
Atpw,.
1tE Wa# 14 N Street, X209
Aspen, Woretlo 61611
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109
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42705 HWY 82
Aspen CO 01611
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SITE PLAN
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ENVELOPE
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1 PROPOSED LANDSCAPE
0 T 10.PAGE 2OF2
FORUM
PHI
715 Weal WL Slr ! N2N
Aspen, Ca o 81611
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CO 81612
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42705 HWY 82
Aspen CO 81611
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LANDSCAPE PLAN
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ELEVATIONS
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Aspen CO 81811
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ELEVATIONS
A-203
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
October 4, 2017
Taylor McCalla
715 West Main Street, #204
Aspen, CO 81611
trnccalla@forumphi.com
Re: Dunromin LLC Minor Amendment to a Development Permit and Site Plan Review
(PID #2737-173-07-032; Case # P073-17)
Dear McCalla:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
1. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within
300' of the subject property with the return address of the Community Development Department
(copy of notice will be emailed to you by the Community Development Department) by October 19,
2017. 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 may do so by the 20th day of November, 2017. 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 . Please note that it is you responsibility to post 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 November, 2017, which is at least
fifteen (15) days prior to November 19, 2017. 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 DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Mountain Valley Subdivision Homeowners Association
FROM: Mike Kraemer, Community Development Department
Michael.kraemerkpitkincount.
Re: Dunromin LLC Minor Amendment to a Development Permit and Site
Plan Review
(PID 2737-173-07-032; Case P073-17)
DATE: October 4, 2017
Attached for your review and comments are materials for an application submitted by
Dunromin LLC. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Monday, November 20, 2017.
http://pitkincounty.com/DocumentCenterNiew/14414
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00043049
Name: Forum Phi LLC Date:9/18/2017
Project Address: 42705 HWY 82
Type: check # 2610
Permit Number Fee Description Amount
0073.2017.PLAN PP- Flat Fee 2,600.00
0073.2017.PLAN PP- Public Notice Fee 54.00
Total: 2,654.00
PLATS
DUNROMIN LLC
ACTIVITY ENVELOPE & SITE PLAN
42705 Hwy 82, Lot 4, Block 1, Mountain Valley Subdivision
County of Pitkin, State of Colorado
Parcel No. 273717307032
Ca5i'- JL P°-73-11 _ -__--
FOUND REBAR
& 1-1/4" RED PLASTIC CAP
LS25947 \
04
i
v
LAND USE PROPOSED
SCALE: 1" = 10'
CH = S53 24'39"E 98.20'
ARC = 99.03'
DEVELOPMENT IN
SETBACK NOT TO
EXCEED 30" FROM
NATURAL GRADE
20'
EM
Pitkin County Board of Adjustment has
granted a Major Road Setback Variance
and a Height Variance for Lot 4, Block 1,
Mountain Valley Subdivision
Resolution No. 14 - 2017.
REC. NO 643348
ACTIVITY ENVELOPE APPRO"TIA1
n
i
2. DISCLAIMER:
APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN
INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF
ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT
THE PROPERTY, ANY IMPROVEMENTS, AND THE USE
AND OCCUPANCY THEREOF. THE PROVISIONS OF THE
PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY
ASSURE OR IMPLY THAT AREAS OUTSIDE OF
DESIGNATED HAZARD AREAS WILL BE FREE FROM
HAZARDS, OR THAT APPROVED MITIGATION MEASURES
WILL GUARANTEE THE SAFETY OF ANY PROPERTY.
P OPE OWNER(S) NAME P WNa NAME(S) SHALL BE
AS SHO WN IN THE ASSESSOR RECORDS ON THE DATE OF
RECORDATION)
3. PITKIN COUNTY COMMUNITY
DEVELOPMENT DIRECTOR APPROVAL
THIS ACTIVITY ENVELOPE AND SITE PLAN HAS BEEN
REVIEWED AND APPROVED BY THE COMMUNITY
DEVELOPMENT DIRECTOR THIS aY"DAY OF75 04 11
201Q, SUBJECT TO THE TERMS AND CONDITIONS OF
ADMINISTRATIVE DECISION NO.'71-A 017RECORDED IN
THE OFFICE OF THE PITKIN COUNTY CLERK AND
RECORDER AS RECEPTION NO. (D 4 y b 19 .
gW, -M,LZ Cff—
CON&UNITY DEVELOPME14T DIRECTOR
4. CLERK AND RECORDER ACCEPTANCE FOR
RECORDING
THIS ACTIVITY ENVELOPE AND/OR SITE PLAN IS
ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK &
RECORDER OF PITKIN COUNTY, COLORADO, THIS
c� y DAY OF Jcouw , 2019, IN PLAT BOOK AT
PAGE (')9 II AS RECEPTION NO. Y(v96
CLERK AND RECORDER De Pu
RECEPTION#: 644680, R: $23.00, D: $0.00
PLAT BOOK 120 PAGE 098
Pg 1 of 2, 01/24/2018at 11:28:12 AM
Janice K. Vos Caudill, Pitkin County, CO
4 S '
f
LAND USE EXHIBIT
PAGE 1 r,,,,*..)F 2
Aspen:
715 West Main Street, #204
Aspen, Colorado 81611
Basalt.
104 Midland Ave, #202
Basalt, CO 81612
forumphi.com
p: 970.279.4157
f: 866.770.5585
42705 HWY 82
Aspen CO 81611
ZONE DISTRICT R-1 5A
PARCEL ID # 273717307032
LEGAL DESCRIPTION:
42705 Hwy 82, Lot 4, Block1, Mountain Valley
SITE PLAN
ACTIVITY
ENVELOPE
PROPOSED LANDSCAPE
SCALE: 1" = 10'
LANDSCAPE LEGEND
NEW DECIDUOUS TREE
NEW CONIFEROUS TREE
NEW SHRUB
EXISTING DECIDUOUS T' --E
EXISTING CONIFEROUS TRE'?
P EXISTING SHRUB
t EXISTING DECIDUOUS TREE
fit.}fit TO BE REMOVED
EXISTING CONIFEROUS TREE
w. r
S TO BE REMOVED
4 EXISTING SHRUB
TO BE REMOVED
GRASS
FLOWERS & OTHER LANDSCAPE ELEMENTS
BOULDER
rZ GRAVEL PATIO/PAVING
ASPHALT/PAVEMENT
PAVERS
■ RETAINING WALL
FENCE
I PAGE 2 OF 2