HomeMy WebLinkAboutpublication.date.05032003 310 East Main Street, Aspen, Colorado
81611 ~r
PROOF OF PUBLICATION
STATE OF COLORADO } ~-
COUNTY OF PITKIN }
I, Jenna Weatherred do solemnly swear that I am PUBLISH-
ER of the ASPEN TIMES WEEKLY; that the same is a week-
ly newspaper printed, in whole or in part, and published in the
County of PITKIN, State of Colorado and has a general circu-
lation therein; that said newspaper has been published con* ml~Co~rr~,
tinuously and uninterruptedly in said County of Pitk/n for a _
period of more than fifty-two consecutive weeks next prior to ...-~,..o. ~ ~
the first publication of the annexed legal notice or advertise- ,,,-~.,.. ,~ ~uauc
miffed to the PltMn County 8omd
merit; that said newspaper has been admitted to the United ~e 1~4, o¢ a~ soo~ a~ the Conduct
States mails as second-class matter under the provisions of ~..., .t "-Pt.~ ~ ~.,..a
om'thou~e ,~umex ~ld
the Act of March 3, 1879, or any amendments thereof, and ~..~., co~.~o, .t ~h
that said newspaper is a weekly newspaper duly qualified for ,.~com~..,~...p~=~_~
publishing legal notices and advertisements within the mean* ,,.d ~ ,... ~o~ .t
ing of the laws of the State of Colorado.
That the annexed legal notice or advertiSement was ,t~ -L~-.. -"'~ t.t~
.,e pUDUC ~ ~. b~ cmitacan~ Debe
P ublJshed ,o,, Rnanee D~r, at 920~.
in the regular and entire issue of every number of said week- ~,~ ~......,,.~,~
ly newspaper for the period of. / consecutive insertions;
and that the first publication of said
~otice was in the issue of ~-"~'~"~ s s,s2]
said newspaper dated --~ ~--~ A.D., 20 _O'~ ,and T,'~. S~, r.~ ~.~ (2so)
the last pub?cation of. sa/d' not~c~was in the is~-ue of said ~.~ (~.~)
newspaper aated J[/~'~_ A. D. 20 ~ OpeaSpacea.dTraJlsluad
~! (soo,eeo)
In witness whereof I have hereunto set my hand.
(0342)
Subscribed and sworn to before me, a notary public in and for
the County of
--~-_~A.D., Pitkin, State of Colorado, this ~ day of
Notary Public
My Commission expires [.__~ -t%(~.-O{o
310 East Main Street, Aspen, Colorado 81611
PROOF OF PUBLICATION
STATE OF COLORADO
} ss.
COUNTY OF PITKIN }
I, Jenna Weatherred do solemnly swear that I am PUBLISH-
ER of the ASPEN TIMES WEEKLY; that the same is a week- ~
ly newspaper printed, in whole or in part, and published in the ~ 1-~ ~ c~
County of PITKIN, State of Colorado and has a general circu- _~
lation therein; that said newspaper has been published con- ~,~
tinuously and uninterruptedly in said County of Pitkin for a
period of more than fifty-two consecutive weeks next prior to ~
the first publication of th~ annexed legal notice or adve~Jse- ~,~'~
at ~pm ~ ~ ~n'~,~ ~
ment; that said newspaper has been admitted to the United
States mails as second-class matter under the provisions of ~ ~o
the Act of March 3, 1879, or any amendments thereof, and
that said newspaper is a weekly newspaper duly qualified for r~m~
publishing legal notices and advedisements within the mean-
ing of the ~aws of the State of Colorado.
The ~
' AR~ ~'~ ~Com~
That the annexed legal notice or adve~isement was published ~o~
in the regular and ent re issue of every
number of said week-
~Y newspaper for the period of / consecutive insertions; ~~~ec~
and that the first publication of~d notice was in ~ ~t
said newspaper dated ~ ~ the issue of ~ ~.
_A.D.,20~ _,and
the last publication of said no~ was in the issue of said
newspaper dated ~~ A.D. 20 O ~
In witness whereof I have hereunto set my hand. ~
~d ~ ~p~n ~ ~h a ~lnf e~
~ d~ ~ ~ ~ ~ ~1/4, ~1/4,
Publisher ~-- -- ~ ~,
the ~ p~. '~
~ ~ P~ ~a N~
Subscribed and sworn to before me, a notary public in and for ~'
the County of Pitkin, State of Colorado, this ~ day of
(SEA L) ~. ~)
Nota~ Public
My Commission expires L8 -_0~6
310 East Main Street, Aspen, Colorado 81611
PROOF OF PUBLICATION
STATE OF COLORADO
} ,SS.
COUNTY OF PITKIN }
I, Jenna Weatherred do solemnly swear that I am PUBLISH-
ER of the ASPEN TIMES WEEKLY; that the same is a week-
ly newspaper printed, in whole or in pad, and published in the
County of PITKIN, State of Colorado and has a general circu- ~mc~~
lation therein; that said newspaper has been published con-
tinuously and uninterruptedly in said County of Pitkin for a
period of more than fifty-two consecutive weeks next prior to '
the first publication of the annexed legal notice or adve~ise-
ment; that said newspaper has been admitted to the United
States mails as second-class matter under the provisions of
the Act of March 3, 1879, or any amendments thereof, and ....
that said newspaper is a weekly newspaper duly qualified for
publishing legal notices and advedisements within the mean-
ing of the laws of the State of Colorado.
That the annexed legal notice or advedisement was published
in the regular and entire issue o~ every number of said week-
ly newspaper for the period of
· . consecut ve insedions;
and that the first publication of said notice was in the issue of ~a~
said newspaper dated ~, ~ ~ _ A.D., 20 -0~ , and ~.~
the last publication of said~ was in the issue of said
newspaper dated ~,~ A.D. 20 ~3 _.
In witness whereof I have hereunto set my hand.
'
Subscribed and sworn to before me, a nota~ pub c in and for
the County of P~tkin, State of Colorado, this ~ day of
A.D., 20 ~.
Notary P~b ic
My Commission expires
310 East Main Street, AsPen, Colorado 81611
PROOF OF PUBLICATION
} ss.
COUN~ OF PITKIN }
I, Jenna Weatherred do solemnly swear that I am PUBLISH-
ER of the ASPEN TIMES WEEKLY; that the same is a week-
ly newspaper printed, in whole or in pa~, and published in the
County of PITKIN, State of Colorado and has a general circu-
lation therein; that said newspaper has been published con-
tinuously and uninterruptedly in said County of Pitkin for a
period of more than fifty-two consecutive weeks next prior to
the first publication of the annexed legal notice or adve~ise-
ment; that said newspaper has been admitted to the United
States mails as second-class matter under the provisions of
the Act of March 3, 1879, or any amendments thereof, and
that said newspaper is a weekly newspaper duly qualified for
publishing legal notices and adve~isements within the mean- ~ ~
lng of the laws of the State of Colorado. ~ r
That the annexed legal notice or adve~isement was published
in the regular and entire issue of eve~ number of said week-
ly newspaper for the period of ( consecutive inse~ions;
and that the first publication of said notice was in the issue of
said newspaper dated ~ ~ A.D.,20 O~ ,and
the last publication of said ~otice was in the issue of said
newspaper dated .. ~ ~ A.D. 20 ~ ~
In witness whereof I have hereunto set my hand.
P~li~h~r ~
Subscribed and sworn to before me, a notary public in and for
th~nty of Pitkin, State of Colorado, this ~ day of
_ A.D., 20 ~3
Nota~ Public
My Commission expires ~0 ~'~ -O~
Saturday-Sunday, May 34, 2003 · The Aspen Times
1 I, Nursing, convalescent, rest, retirement homes.
PUBLIC NOTICE 12. Radio transmitting station.
NOTICE IS HEREBY GIVEN TO THE GENERAL PUBLIC OF THE FOLLOWING MATTERS OF 13. Resort cabins.
INTEREST REGARDING THE PiTKIN COUNTY BOARD OF COUNTY COMMISSIONERS: 14. Water crossing and diversion.
· Unless otherwise notified, all regular and special meetings will be held in the Board of County Corn- D. Prohibited Uses: The following uses are prohibited in Village Commercial
missioners, Plaza ()ne Conl;emnce Room, 530 E Main St, Aspen (VC) Zone District:
· Unless otherwise notified, all administrative items begin at 2:00 p.m. and land use items begin at I. Uses not listed.
3:00 p.m., or as soon thereafter as the conduct of business allows. E. Dimensional Rbquirements: The following dimensional requirements shall
· Unless otherwise indicated, copies of the full lext of any resolution(s) and ordinance(s) relcrred to apply to all permitted and special review uses in the Village Commercial (VC) Zone District:
arc available during regular business hours (8:30 fi 4:30) in the Clerk and Recorderis office, 530 East 1. Minmium lot area principal use: five thousand (5,00(/) square feet which
Main Street, Suite 101, Aspen, Colorado 81611 shall include any land areas within the iai Lois created pursuant to Resolution No, 77-15 and so
designated in the Revised Plat and Addition to a portion of Redstooc Subdivision recorded in
NOTICE OF UPCOMING PUBLIC HEARINGS: Book 5 at Page 65.
SPECIAL MEETING TO BE HELD ON MAY 13, 2002 BEGINNING AT 5:00 PM AT THE 2. Minimum Lot Area per Dwelling Unit:
CHURCH AT REDSTONE, 213 REDSTONE BOULEVARD, REDSTONE, CO 81623 a. Multi l~.mily unlimited: five thousand five hundred (5,500) square l'eet.
The l~)llowing ordinance(s): b. Multi-family one bedroom: three thousand two hundred (3,200) square l~et.
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COL- c. Multi-lhmjly studio: two thousand five hundred (2,500) square feet.
ORADO, REPEALING AND REENACTING LAND USE CODE SECTIONS 3-40-230, VILLAGE d. Hotel/motel Iodgc (special review): two thousand two hundred (2,200)
RESIDENTIAL (VR) ZONE D1STR1CT AND 3-40-240, VILLAGE COMMERCIAL (VC) ZONE square feet.
DISTRICT, 3-80-40, FLOODPLAIN HAZARD AREAS AND ADDING NEW SECTIONS 6-45, 3. Minimum usable open space per dwelling unit: one thousand two hundred
NON-CONFORMING STRUCTURES IN THE VILLAGE RESIDENTIAL (VR) AND VILLAGE (1,2003 square feet per unit, or twenty-five percent (25%) of the site, whichever is greaten
COMMERCIAL (VC) ZONE DISTRICTS, AND 3-190-045, NEW LOTS CREATED WITHIN THE 4. Minimum front yard setback: thirty feet (30%
VILLAGE COMMERCIAL (VC) AND VILLAGE RESIDENTIAL (VR) ZONE DISTRICTS, AND 5. Minimum side yard setback: twenty feet (20') total on both sides per stmc-
9-1106056, EXEMPTIONS FOR NEW LOTS CREATED WITHIN THE VILLAGE COMMERCIAL lure, with a minimum of seven feet (7') on either side.
(VC) AND VILLAGE RESIDENTIAL (VR) ZONE DISTRICTS, AND AMENDING THE FOLLOW- 6~ Minimum rear yard setback: ten feet (101).
lNG DEFINITIONS IN SECTION 8-01: BUILDING HEIGHT, FLOOR AREA, AS PERTAINS TO 7. Minimum lot width: fifty feet (50').
VILLAGE COMMERCIAL (VC) AND VILLAGE RESIDENTIAL (VR) ZONE DISTRICTS 8. Maximum height principal structures: twenty-four feet (24') to the top of
RECITALS: ridge; sixteen feet (16') to the top ofeve.
1. The Board of County Commissioners enacted a moratorium on development in the Village Corn- 9. Maximum height accessory structures: sixteen feet (I 6') to the top of ridge;
mercial and Village Residential Zone Districts in May, 2002, in order to provide time for analysis of ten feet (10') to the top ofeve.
the zoning regulations in Redstone. I 1. For any structure permitted in the floodplain, if the floodplain development
2. The Pitkin County Planning and Zoning Commission considered proposed code amendments at a standards require that the structure be elevated above natural grade, the maximum allowable
regularly scheduled meeting on January 14, 2003,and recommended approval by a 4-1 vote. heighls may be increased by the same amount as the flood plain regulations require the elevation
3. The BOCC considered the proposed code amendments at a duly noticed public meeting on first of the lowest floor plane to be increased, up to a maximum of two feet (2fi.
reading on February 25,2003,and voted to approve the proposed amendments on second reading at a 10. Maxmium floor area **: I ~800 square feet per principal structure and 500
public hearing on May 13, 2003, that the proposed code amendments are consistent with the applica- total square feet for detached accessory structures, Accessory structures shall be located in the rear
bte master plans and the goals of historic preservation in Redstooe. of the lot. This distribution of floor area between a principal and accessory structures may be mod-
NOW, TItEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 11 of ified by the BOCC through special review in the case of additions to an existing historical strac-
the Pitkin County Code, th9 Land Use Code, as follows in Attachment A. tore. iDetachedi shall mean physically apart from and not connected in any way. There shall be at
Proposed Amendments to Land Use Code: least a 10 foot separation between detached structures as measured from outside wall to outside
ATTACtlMENT A wall,
Amendments to Land Use Code Sections ** Note: A hotel/motel/lodge/tourist accommodation may apply by special review for a floor area
I. Repeal and reefiact Land Um Code Section 3-40-230, Village Residential Zone District ratio of up to .53.
VR Village Residential III. Repeal and Reenact Land Use Code Section 3-80-040, Floodplain Hazard Areas
A. Intent: The VR, Village Residential Zone District, is intended to preserve the 3-80-040 Floodplain Hazard Areas
historical integrity of the zone district by respecting the mass and scale of the existing neighborhood, In addition to the general development standards in 3-80-030 and the Pitkin County Floodplain
to ensure compatibility with existing uses, and to retain the village atmosphere, pedestrian scale, and Regulations, the standards in this section apply to mapped floodplain hazard areas as depicted in
unique character of Redstone. the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. National Flood
B, Allowed Uses: The following uses a~e allowed as of right in the Village Resi- Insurance Program (June 4, 1987, and including any subsequent amendments thereto) and areas
dential (VR) Zone District: determined by the County Floodplain Administrator to be in flood hazard areas. Where the 100-
I. Accessory buildings and uses. year or intermediate regional flood has not been established, this regulation shall apply to all lands
2. Home occupations, within an area which is twenty (20) horizontal or five (5) vertical feet (whichever land area is
3. Parks, playground, playing fields, greater) from the existing high water line on any river, stream or material drainage channel, and
4. Single-family dwelling units, any area that the County Floodplain Administrator determines to be a flood hazard area~ It shall
C. Special Review Uses: The following uses are subject to special review: be the burden of the Applicant to demonstrate that the property seeking development approval is
1. Agriculture stands, not within a floodplain hazard area.
2. Caretaker dwelling units, A. No development, use, fill construction, excavation, embankment, or alteration on or
3. Churches. over any portion of the floodplain shall be pemfitted which would result in any of the lbllowing:
3. Day care centem. 1. The storage or processing of materials that in times of flooding are buoyant, flamma-
4. Water crossing and diversion, ble, explosive, or otherwise potentially injurious to human, animal or plant life.
D. Prohibited Uses: The following uses are prohibited in the Village Residential (VR) Zone 2. The disposal of garbage or other solid waste materials.
District: 3. The human occupation of structures either fixed or mobile, permanent or temporary.
1. Uses not listed. 4. Substantial solid debris being carried downstream by floodwaters.
E. Dimensional Requirements: The following dimensional requirements shall apply 5. Any obstruction that would impair the flow or storage capacity of a floodplain so as to
to all permitted and special review uses in the Village Residential (VR) Zone District. cause foreseeable damage to others either within or outside of floodplain i~oundaries.
1. Minimum lot area: five thousand (5,000) square feet which shall include any 6. A substantial increase in sedimentation or erosion.
land areas within the iA~ Lots created pursuant to Resolution No.77-15 and so designated in the 7. The infiltration of floodwaters into on-site watar supply and wastewater disposal sys-
Revised Plat and Addition to a portion of the Redstone Subdivision recorded in Book 5 at Page 65. rems that would impair their functioning or pollute the stream.
2. Minimum lot area principal use: five thousand (5,000) square feet. 8. Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands
3. Minimum lot area per dwelling unit: five thousand (5,0003 square feet. and riparian habitat areas.
4. Minimum usable open space per dwelling unit: one thousand five hundred B. The following uses shall be permitted in a floodplain area to the extent that they are nol
(1,5003 square feet. prohibited by any other regulation and they comply with the guidelines set forth in Subsection 3-
5, Minimum front yard setback: thirty feet (30'). 80-040(A).
6. Minimum side yard setback: twenty feet (20') for both sides per structure, with a 1. Agricultural uses such as general fanning, grazing, truck farming, forestry, sod farming
minimum of seven feet (7') on either side, and wild crop harvesting.
7. Minimum rear yard setback: ten feet (I 00 2. Public and private recreational uses, such as parks, natural swimming areas, golf cours-
8. Minimum lot width: fifty feet (50'). es, driving ranges, picnic grounds, wildlife and nature preserves, game farms, shooting preserves,
9, Maximum height principal structures: twenty-four feet (24') to the top of ridge; target ranges, trap and skeet ranges, hunting, fishing, skiing and hiking areas if such uses do not
sixteen feet (16') to the lop of eve. cause concentration of people in areas during high hazard probability,
10. Maximum height accessory structures: sixteen feet (16') to the top of ridge; ten 3. Bridges or other structures for irrigation, drainage, flood control or water diversion
feet (10') to the top of eve. may be allowed upon approval of plans and specifications by the County Engineer and Communi-
11. For any structure permitted in the floodplain, if the floodplain development start- ty Development Director, provided they are engineered to prevent blockage of drainage channels
dards require that the structure be elevated above natural grade, the maximum allowable heights may during peak water flows and their placement does not result in the loss of wetlands~ or riparian
be increased by the same amount as the flood plain regulations require the elevation of the lowest floor areas.
plane, up to a maximum of two feet (2~. C. Exemptions
11. Maximum floor area: 2,000 square feet total per lot, required to be in at least I. Redstoue Townsite Floodplain Exemption Area, Because of the extensive historical
two separate detached structures none of which can be less than 300 square feet. Accessory structures development within the floodplain of the Redstooe Townsite, the public interest in providing
shall be located in the rear of the lot. iDetachedl shall mean physically apart from and not connected in incentives for the preservation of the historic character of the Townsite, and the determination that
any way. There shall be at least a 10 foot separation between detached structures as measured from the floodplain will not be unduly impacted, any property within the area mapped as the Redstone
outside wall to outside wall. Townsite Floodplain Exemption Area may be allowed to develop within the floodplain, subject to
the following development standards:
II. Repeal and reenact Land Use Code Section 3-40-240, Village Commercial Zone District a. No alternative building site. If there is no alternative building site on the property,
3-40-240 VC Village Commercial development may be approved subject to compliance with the minimum development standards
A. Intent: The VC (Village Commercial) zone district is intended to preserve the set forth in section 3-80-040(D).
historical integrity of the existing dislrict, to provide for goods and services to residents and visitors of b. Building site with fewer impacts. If the building site proposed creates fewer impacts
Redstooc, and to ensure that commercial development is consistent with the scale of existing structures than if the development was limited exclusively to an area outside of the 100 year floodplain,
and uses within the zone district, development may be approved subject to compliance with the minimum development standards
B. Allowed Uses: The following uses are allowed as of right in the Village Corn- set forth in section 3-80-040(D).
mercial (VC) Zone District: D. Development is prohibited within the 10e-year floodplain except as set forth in Subsec-
1. Accessory buildings and uses. tions 3-80-040(B)(13-(33 and (C), In the event that there is no hazard-free area on a site and a
2. Arts and crafts studios development application is subsequently denied, an applicant may appeal the denial to the Board
2. Bed and breakfasts, of County comnUssioners pursuant to Section 3-290 of this Code. If an appeal is granted by the
3. Home occupations. Board and development is permitted, an application shall be reviewed according to Subsection 3-
4. Offices. 80-040(A) and the following standards:
5. Parks, playgrounds, playing fields. 1, Residential Structures. New residential structures, and any additions to existing resi-
6. Personal service outlets: food stores, drug stores, post office substation, self- dential structures, shall have the lowest floor, including the basement, elevated one foot or higher
service laundries, dry cleaning outlets and liquor stores, above the base flood level.
7. Places for retailing of goods 2. Commercial, Industrial and Other Non-Residential Structures.
8. Restaurants and bars. a, New commercial, industrial, or other non-residential structures, and any additions to
9. Single-family dwelling units, the same shall either have the lowest floor (including the basement) elevated to the level of the
C, Special Review Uses: The following uses are subject to special review and may base flood elevation; or, together with attendant utility and sanitary facilities, shall:
be permitted if found to be in support of allowed principal uses: 1. Be flood proofed so that below the base flood elevation the structure is watertight with
1. Agriculture stands, walls substantially impermeable to the passage of water; and
1. Amusement and entertainment establishments. 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads
2. and effects of buoyancy; and
3. Caretaker dwelling units, b. The development proposed shall be certified by a registered professional engineer or
4. Churches. architect that the design and methods of construction are in accordance with accepted stand,ds of
5. Community health facilities, practice for meeting the provisions of this section. Such certifications shall be provided to the
6. Day care centers. Pitkin County Floodplain Administrator.
7. Essential government public utility uses, facilities and services. IV. Add Land Use Code Section 3-190-045, New Lots created within the Village Commer-
8. Financial institutions, cial (VC) and Village Residential (VR) Zone Districts
9. Motels, hotels, lodges, tourist accommodations. 3-190-045, New Lots created within the Village Commercial (VC) and Village Residential (VR)
10. Multi-family dwelling units. Zxme Districts
The Aspen Times · Saturday-sanday, May 34, 2003
A subdivision exemption for new lots created within the VC and VR zone districts may point of grade which is directly below it--vertical and plumb. Roof points which are not at the
be permitted subject to compliance with standards in this section (refer to Section 4-40 for proce- exterior of the building will be measured against existing grade only.
dares and Section 5-60 for submission contents). E. Antennae, chimneys, flues, vents, and similar structures shall not exceed the prescribed height
A. The subdivision dj.rides land within the VC or VR zone districts, and the resulting limit by more than ten feet (10').
lots will meet the underlying zone districfls dimensional requirements. F. Water towers, mechanical equipment, solar equipment, and similar equipment shall not exceed
B. New lots must have frontage on Redstone Boulevard. the prescribed height limit by more than three feet (3').
C. New lots may not be created in floodplain hazard areas. G. In no event shall any structure, including antennae, chimneys, flues, vents, water towers,
D. The applicant shall prepare a final plat in compliance with the submission contents mechanical equipment, solar equipment, and similar structures exceed thirty-eight feet (38') above
in Section 5-40. existing or finished grade, whichever is lower.
V. Add a new Section 6-45, Non-Conforming Structures in the Village Residential (VR) H. Except in the VC and VR Zone Districts, lbr the pu~oose of measuring building height, any
and Village Commercial (VC) Zone Districts individual building component that is located within twenty feet (2G) (as measured from any point
6-45 Non-Conforming Structures in the Village Residential (VR) and Village Commemial (VC) from outside wall to outside wall) of the principal stmcturc shall be considered a part
Zone Districts of the principal structure.
Subsections: 1. VC and VR Zone Districts: All methods of calculation shall remain the same as in ail other
6-45-010 Authority to Continue zone dislricts with the exception that roof midpoint shall not be calculated.
6-45-020 Normal Maintenance and Repair J. Rural/Remote Zone District: The maximum building height for principal structures is twenty
6-45-030 Extensions feet (20') to the top of ridge or to the top of the pamper surface of a flat roof, as measured form
6-45-040 Relocation existing or finished grade, whichever is lowen All methods of calculation shall remain the same as
6-45-050 Unsafe Structure in all other zone districts as described within this definition with the exception that items A, G and
6-45-060 Replacement, Reconstruction or Restoration H above do not apply.
6-45-010 Authority to Continue FLOOR AREA means the sum of the gross horizontal surfaces of each floor of a building or stmc-
A non-conforming structure devoted to a use permitted in the zone district in which il is ture. In calculating floor area, the following roles apply:
located may be continued in accordance with the provisions of this article. A. For properties within the Rural Area and properties within the Aspen Area Urban
6-45-020 Normal Maintenance and Repair Growth Boundary not subject to floor area ratio restrictions through underlying zoning, the follow-
Normal maintenance or repair to permit continuation of non-conforming structures may lng shall apply to the calculation of floor area:
be performed. 1. General: In measuring floor area, all dimensions shall be taken from the outside face of
6-45-030 Extensions framing ur other primary wall members or frum the center line of walls separating adjoining units
A non-conforming structure shall noi be extended by an enlargement or expansion that of a building or portion thereof. Fireplaces, elevators, stairs and similar features are included in the
increases the non-conformity, except pursuant to Section 645-060.. A non-conforming structure floor area on each floon
may be extended or altered in a manner that does not change or that decreases the non-conformity. 2. Measurement of Total Floor Area for a Property: In measuring floor area for a property,
6-45-040 Relocation for parcels under twenty (20) acres in size, all structures shall be included in the calculation,
A non-conforming structure shall not be moved unless it thereafter conforms to the except those enclosing wastewater treatment plants. For parcels over twenty (20) acres in size, all
standards and requirements of the zone disttict in which it is located, structures shall be included in the calculation except for agricultural buildings and structures
6-45-050 Unsafe Structure enclosing wastewater treatment plants.
Any portion of a non-conforming structure which becomes'physically unsafe or unlaw- 3. Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provid-
ful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by the Chief ed with surrounding exterior walls shall ~nclude the area under the horizontal projection of roofs or
Building Official or Fire Marshall, but which an owner wishes to restore, repair or rebuild, shall floors, when the roof or floor exceeds five feet (5f). These architectural projections are exempt for
only be restored, repaired, or rebuilt subject to compliance with the standards in Section 645-060. five (5i') of the perimeter of each story of the structure. This exemption cannot be used to transfer
6-45-060 Replacement, Reconstruction or Restoration space between floors. In the VR and VC zone districts, an overhang of up to eight feet (80 on the
A. Non-conforming structures within the VR and VC zone districts that are street side of a structure shall be exempt from the calculation of floor area.
existing as of 2002 [date of this ordinance[ may be replaced, reconstructed or 4. Decks, Balconies, Stairways and Similar Features: Structures that exceed thirty inches
restored, subject to compliance with the Historic Preservation Guidelines and the following stan- (30") above natural or finished grade, and that are not covered by a roof or architectural projection
dards, from a building, are exempt from floor area for up to fifteen percent (15%) of the approved floor
B. A building permit for replacement, reconstruction or restoration must be area for the subject parcel or lot. Any areas in excess of fifteen percent (15%) shall be counted
issued within one ( 1 ) year (12 months) of the date of demolition or destruction, whichever is first, toward floor area.
The Board may approve an extension to the one year deadline. 5. Crawl Space: Crawl spaces shall be exempt from the calculation of floor area, even if
C. The replacement structure shall be limited to the floor area of the replaced, exposed above natural grade, so long as the height of the crawl space does not exceed five feet six
structure, but not the existing footprint, as long as the location complies with the dimensional inches (516").
requirements of the applicable zone district. 6. Attic Space: That portion of attic space shall be exempt from the calculation of floor
D. Within the VC zone district only, an increase in the floor area of an existing area, so long as the height o.f the attic space does not exceed five feet six inches (5f6").
hotel/motel/lodge may be permitted by the BOCC, subject to Special Review. "In the VC and VR zone districts only: Spaces below nataml and finished grade are exempt from
E. An existing non-confomdng structure in the VC or VR zone distticts that is floor area calculations up to a maximum of 999 square feet of floor area. Floor area below grade
located on a lot created pursuant to the subdivision exemption in Section 3-190-045 may only be that exceeds the 999 square foot exemption provided herein shall count in the calculation of floor
replaced subject to compliance with all of the dimensional standards in the applicable zone district area.
and the Historic Preservation Guidelines. To be exempt from floor area, below grade areas must meet the following conditions:
F. Development Exactions: The applicant maizes all required dedications to the The structure must be principally residential or corumereial. This exemption does not
County in accordance with the standards in Section 3-130 1bt any additional development that is apply for below grade areas under accessory structures; and
approved pursuant to this Section 6-45. Below grade areas shall not exceed a maximum depth of ten feet (lth') as measured
V. Amend the following Definitions in Land Use Code Section 8-01 from floor to ceiling and shall include no more than a single story; and
BUILDING HEIGHT means the ~naximum distance allowed, based on the following criteria: Below grade areas cannot exceed the building footprint of the ground floor; and
A. On Pitched Roofs: Below grade uses are limited to non-habitable uses such as baths, laundry, mechanical,
I. Them shall be no mid-point of a roof which exceeds the prescribed height above halls, utility, storage, etc., and shall not include garages or any uses that require natural light or
existing grade, whichever is lowen The mid-point of the roof shall be defined as that point which ventilation pursuant to the UBC; and
is halfway between the top of the ridge, and the eave-point. The eave-point is that point in the roof No more than one egress may be allowed and is to be provided by a window that does
plane which is directly abovu the outside of the wall below. In the case of a covered deck or patio, not exceed the minimum requirements of the Uniform Building Code. No new exterior staircases
the eave-point shall be that point which is directly above the outside face of the structure, or three may be allowed to access below grade areas; and
feet (3') in from the edge of the roof, whicheyer is more restrictive. No more than one window well may be allowed, but not to exceed the minimum area
2. There shall be no point of any ridge or other roof peak, which exceeds the prescribed height allowed by the Uniform Building Code, and not to be located on the street facade; and
above the existing or finished grade, whichever is lower, by more than five l~et (5'). The foundation wall or footing may be exposed no more than the minimum degree
3. There shall be no eave-poiat which exceeds the prescribed height above existing or finished required to comply with the Uniform Building Code pertaining to foundation design; and
grade, whichever is lowen Exception to this is if the ridge lines which extend to the outside face of Up to ten percent of any particular below grade wall surface may extend above nataml
a building to form a gabled end will be permitted, to the extent that they conform to (2) above, grade and still be exempt from floor area so long as the finished grade covers the surface that
B. On Flat Root~s: There shall be no point ufa flat roof which exceeds the prescribed height above would otherwise be exposed.
the existing or finished grade, whichever is lowen If any part of the below grade space is exposed above natural or finished grade (such as
C. All roofs within a muhi-roof building shall conform to these standards, walk-out ba~e. ments, walls or courts) the entire below grade area shall be included in the floor area
D. All measurements shall be made vertically; i.e., each point of a roof shall be~measured to the calculation; and
I
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Satunlay-Sunday, May 34, 2003 · The Aspen Times B19'"
All dirt and other material excavated to allow for the below grade area must be 5. Churches.
removed from the site. 6. Club houses or recreational buildings used in connection with and accessory
All below grade areas must be approved by the Reds)one Historic Preservation to a p?mitted outdoor recreational use.
B. For properties within the Aspen Area Urban Growth Boundary subject to floor area 7. Commercial camping areas.
ratio restrictions thrnugh underlying zoning, the following shall apply to the calculation of floor 8. Commercial firewood splitting, storage and sales.
area: 9. Commercial kennels and veterinary clinics.
1. General: In measuring floor area, all dimensions shall be taken from the outside I~ce of 10. Community heallh facilities.
framing or other primary wall members or from thc center line of walls separating adjoining units 11. Day care centers.
of a building or portion thereof'. Veneer facades up to eight inches (8") in thickness shall be 12. Duplex dwelling units.
excluded frum the calculation of floor area: that portion of' a facade which exceeds eight inches 13. E~nployee dwelling units.
(8") shall be included. Fireplaces, elevators, stairs and similar features are included in the floor 14. Equipment supplies and contraction or subeontraction.
area on each floon 15. Golf courses.
2. Roof Overhangs and Decks: The floor area of a building, or portion thereof, not provid- 16. Guest ranch.
ed with surrounding exterior walls shall include the area under the horizontal projection o1' roofs or 17. Logging.
rioors, when the roof or floor exceeds five feet (5fi. These architeclural projections are exempt for 18. Mineral exploration/mining, concrete batch plants.
five lbet (5i') of the perimeter ol each story of the structure. Architectural projections may prctject 19. Nordic ski areas and support facilities.
up to ten feet (t01') and still be exempt, so long as the total perimeter space for a floor is less than 20. Nursing. convalescent, rest, and retirement homes.
or equal to the lo)al area allowed Ior the five lBot (51') exemption. This exemption cannot be used 21. Outdoor recreational uses.
to translkr space between floors. 22. Radio transmitting station.
3. Decks. Balconies, Stairways and Similar Features: Structures that exceed thiriy inches 23. Resort cabins.
(30") above natural or finished grade, and that are not covcred by a roof or architectural projection 24. Satellite reception devices.
from a building, are exempl fi'om floor area for up to l'il~tecn percent (15c/~) of the maximum floor 25. Schools/universflies.
area allowed. Any areas in excess of fifteen percent (15%3 shall be counted Ioward floor area. 26. Sewage disposal areas/landfills/water plants.
4. Spaces Below Nalural Grade for Principal Single-Faintly and Duplex Residences: 27. Single-family dwelling units with six (6) or more bedrooms.
Spaces below natural and finished grade, up to a maximum of twenty feet (201') in depth and 28. Single-family dwelling with more than fifteen thousand (15,000) square feet
which include no more than a single story, are exempt from floor area calculation up to a maxi- of floor area (transferable development rights are required to exceed fifteen thousand (15,{X}0)
nmm of l~)ur thousand (4,000) square feet of floor area. Floor area below natural and finished square feet).
grade which exceeds the four thousand (4,000) square fool exemption provided herein shall count 29. Uses, activities ami facililies permitted by special use permit issued by Fed
toward the calculation of allowable floor area. If any part of the below-grade space is exposed eral agencies.
above natural or fhlished grade (such as walk out basements, walls or courts) the entire below- 30. Waler crossing and diversion.
gmdc area shall be included in the floor area calculation; except thai window wells and egress '31. Essential public utility uses, fhcilities and services.
areas as required by Ibc Unifi)ru) Building Code may be provided without affecting this exemp- D. Prohibited Uses: The following uses are prohibited in the
)ion. The Immdation wall or t~)oting may be exposed lo the minimum degree required to comply Agricultural/Forestry/Residential (AFR- 10) Zone District:
with the Unil~mn Building Code pertaining te I~)undation design without affecting this exemption. 1. Airport.
llp to ten percent (10~J) of any particular below grade wall surface may extend above nataral 2. Amusement and entertaimnenl establishments.
grade and slill be exempt l¥om thc calculation of floor area so hmg as the finished grade covers 3. Commercial automobile parking lots.
the surface that would otherwise be exposed. Garages up to seven hundred fifty (750) square lket 4. . Dormitory housing.
may be incorporated into below-grade space and shall not afl~2ct this exemp0on so long as thc only 5. Essential government facilities and services.
sections ef building so exposed are directly related to the garage structure. 6. Financial institutions.
5. Garages ami Carports: For the purpose of calculating floor area ralio and allowable 7. General services.
floor area l;ar a lot where the principal use is a single-family residence, garage and carport floor 8. Hospitals.
area shall be exempted up ti) a maximum of seven hundred fifty (750) square leet. On a lot which 9. ' Junk yards.
contains a duplex, garage and carport floor area shall be exempted up to a maximum of five hun- I0. Medical/dental clinics.
dred (500) square Ikel per s/dc. All garage or carport space in excess of the exempted areas shall 1 I. Mobile homes.
be included as part of the residential fh)or area calculation. When an existing legal single-family 12. Motels, hotels, lodges.
or duplex dwelling exceeds the allowed floor area, the exempl garage space shall be reduced by 13. Multi-filmily dwelling units.
subtracting the excess floor arca from the exempt garage space. 14. Offices.
6. Crawl Space: Crawl spaces shall be exempt from the calculation of' floor area. even if 15. Personal service outlets: Ibod stores, drug storcs, post office substation, self'
exposed above natural grade, sc) long as the beight of the crawl space does not exceed five feet six service laundries, dry cleaning outlets and liquor stores; the total space shall be limited to eighty
inches (5f6"l. (80) square fket of gross leasable space per dwelling unit in the district.
7. Attic Space: That portion of attic space shall be exempt from the calculation of floor 16. Places IBr retailing of goods (structures and businesses limited to twelve
area. so long as the height of the altic space does not exceed five lbet six inches (51.6"). thousand (12,000) ?;quare feet of floor area per building).
VI. Add Land Use Code Section 9-110-056, Exemption for New Lots created within the 17. Prolbssional offices.
Village Commercial (VC) and Village Residential (VR) Zone Districls 18. Research facilities, indoors.
9-110-056 Exemption for New Lots created within the Village Commereial (VC) and. Village Res- 19. Research facilities, othen
identia] (VR) Zone Districts 20. Restaurants and bars.
A growth management exemption for one single lhmily dwelling unit is provided for new lots ere- 21. Timesharing/fractional fees.
ated within the VC and VR zone districts pursuant to the provisions of Section 3 190-045 as fi)l- 22. Uses not listed.
lows: 23. Vehicle and aircraft sales and service.
A. Dwelling Units Limited in Size. The single family dwelling unit exempted from E. Dimensional Requirements: Thc following dimensional requirements shall
growth management shall be limited to the maximum floor area permitted in the applicable zone apply to all permitted and special review uses in the Agricultural/Forestry/Residential (AFR-10)
district. Zone District:
B. Fathering Parcel Retains Exemption. Thc original l~athering parcel retains one I. Minimum lot area: ten (10) acres.
growth management exemption, which shall be designated in the subdivision of the original 2. Minimum lot area principal use: ten (10) acres.
fathering parcel. 3. Minimum front yard setback: See Figure 3-1.
C. Replacement Limited. An existing structure that is non-conforming 4. Minimum side yard setback: See Figure 3-1.
in the VC or VR zone districts and is located on a lot created pursuant to the subdivision exemp- 5. Minimum rear yard setback: See Figure 3-1.
)ion in Section 3-190-045 may only be replaced subject to compliance with all of the dimensional 6. Minimum lot width: four hundred l~et (400').
standards in thc applicable zone district and the Historic Preservation Guidelines. 7. Maximum height principal structures: twenty-eight feet (28').
8. Maximum height accessory structures: twenty feet (20'). (Ord. 99-36 Att. B
REGULAR MEETING TO BE HELD ON MAY 14, 2003: (part))
The lbllowing resolution(s):
· A Resolution Accepting a Northwest Colorado Council of Govemmems Fire Mirigation Plan- 3-40- I l0 RS-20 and RS-30 Planned Unit Development (PUD) Resource
ning Grant
A. Intent: The intent of RS-20 PUD and RS-30 PUD districts are identical
SPECIAL MEETING TO BEGIN AT 2:00 PM ON MAY 19, 2003: except the RS-20 PUD Zone is intended for land closer to urbanized areas. The zones are intended
The Ibllowing ordinance(s): to:
· AN ORDINANCE OF THE gOARD OF COUNTY COMMISSIONERS OF PITKIN COU~q- 1. Permit low density, single family residential development and customary
TY, COLORADO, REPEALING AND RE-ENACTING THE FOLLOWING SECTIONS OF accessory uses, while recognizing natural hazards, wildlife areas, limited utility service, roads or
THE PITKIN COUNTY LAND USE CODE: 3-40-090, AFR- 10 schools, and other facilities may constitute a constraint precluding the realization of zoned density;
AGRICULTURAL/FORESTRY/RESIDENTIAL ZONE DISTRICT; AND 3-40- I I 0, RS-20 AND 2. Encourage an orderly development pattern minimizing scattering of devel-
RS-30 PLANNED UNIT DEVELOPMENT (PUD) RESOURCE ZONE DISTRICT opment in rural areas;
RECITALS 3. Provide potential for the clustering of development preserving open space
I. Holy Cross Energy is proposing various amendments to the Pi)kin County Land Use Code to and creating efficient utility service for development;
correct perceived deficiencies, conflict,s and lack of clarity, and to simplify processes. Slaff is pro- 4. Preserve agricultural operations and environmental resources;
posing this package of revisions, amendments and corrections to the text of the Code to continue 5. Maintain the rural lifestyle;
our ongoing iclean-up~ of the Code. 6. Locate development outside of irrigated lands and deer and elk habitat; and
2. The Pitkin County Planning and Zoning Commission considered the proposed code amend- 7. Protect cattle and wildlife by prohibiting dogs in new subdivisions.
ments at a regularly scheduled meeting on May 6, 2003, and recommended approval B. Allowed Uses: The following uses are allowed as of right in the RS-20 and
3. The BOCC considered the proposed code amendments at a duly noticed public hearing on first RS-30 Planned Unit Development (PUD) Resource Zone District:
reading on May 19, 2003, and voted to approve the proposed amendments on second reading on I. Accessory buildings and uses.
June I l, 2003. 2. Animal production and husbandry services, other farm and agricultural uses
4. The BOCC finds that the proposed code amendments are consistent with the applicable provi- (not including commercial feed lots).
sions of the Code and the intent of the AFR-10 and RS-20/RS-30 PUD zone districts. 3. Bus stop.
NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby repeals and 4. Crop production.
re-enacts Section 3-40-090 and Section 3-40-110 of the Pi)kin County [.and Use Code as follows. 5. Farm buildings.
3-40-090 AFR- I 0 Agricultural/Forestry/Residential 6. Home eccupations.
A. Intent: The AFR-10, Agricultuml/Forestry/R~sidential district, is intended to 7. Manufactured home.
maintain the rural character of lands proximate to development centers and State highways by pre- 8. Single-family dwelling units with five (5) or less bedrooms.
serving agricultural operations, wildlife habitat and scenic quality while permiuing low density, 9. Single-family dwelling units with a potential of up to, but not exceeding fif-
single family dwelling units and customary accessory uses. teen thousand (15,000) square fi~et of floor area.
B. Allowed Uses: The following uses are allowed as of right in the Agricultur- 10. Solar energy collectors (private use).
al/Forestry/Residential (AFR-10) Zone District: 11. Trails.
1. Accessory buildings and uses. C. Special Review Uses: The following uses are subject to special review:
2. Animal production and husbandry services, other farm and agricultural uses 1. Agriculture stands.
(not including commercial feed lots). 2. Caretaker dwelling units.
3. Bus stop. 3. Cemeteries.
4. Commercial riding stables. 4. Churches.
5. Crop production. 5. Club houses or recreational buildings used in connection with and accessory
6. Farm buildings, to a permitted outdoor recreational use.
7. Home occupations. 6. Commercial camping areas.
8. Parks, playground, playing fields. 7. Commercial firewood splilring, storage and sales.
9. Manufactured home. 8. Commercial kennels and veterinary clinics.
10. Single-family dwelling units with five (5) or less bedrooms. 9. Cmnmercial riding stables.
1 I. Single family dwelling units with a potential of up to, but not exceeding, 10. Community health facilities.
fifteen thousand (15.000) square Iket of floor area. 11. Day care centers.
12. Solar energy collectors (private use). 12. Employee dwelling units.
13. Trails. 13. Equipment supplies and contraction or subeontmction.
C. Special Review Uses: The following uses are subject to special review: 14. Golf courses.
I. Agriculture stands. 15. Guest ranches.
2. Alpine ski areas and support. 16. Logging.
3. Caretaker dwelling units. 17. Mineral exploration~mining, concrete batch plants.
4. Cemeteries. 18. Nordic ski areas and support facilities.
1~20 The Aspen Times · Saturday-Sunday, May 34, 2003
19. Outdoor recreational uses. E. Dimensional Requirements: The following dimensional requirements shall
20. Parks, playgrounds, playing fields, apply to all permitted and special review uses in the:
21. Radio transmitting station. I. RS-20 PUD Zone District:
22. Resort cabins, a. Minimum lot ama: twenty (20) acres.
23. Satellite reception devices, b. Minimum lot area principal use: twenty (20) acres.
24. School~universities. c. Minimum front yard setback: See Figure 3-1.
25. Sewage disposal areas/landfills/water plants, d. Minimmn side yard setback: See Figure 3-I.
26. Single-family dwelling units with six (6) or more bedrooms, e. Minimum rear yard setback: See Figure 3-1.
27. Single-family dwelling units with more than fifteen thousand (15,000) f. Minimum h)t width: four hundred feet (400').
square feet of floor area (transferable development rights are required to exceed fifteen thousand g. Maximum heighl principal structures: twenty-eight feet (28').
(15,000) square feet), h. Maximum height accessory structures: twenty feet (20').
28. Transferable development rights (TDRs). 2. RS-30 PUD Zone District:
29. Uses, activities and facilities permitted by special use permit issued by Fed- a. Minimum lot area: thirty (30) acres.
eral agencies, b. Minthmm lot area principal use: thirty (30) acres.
30. Water crossing and diversion, c. Minimum front yard setback: See Figure 3-1.
31. Essential public utility uses, facilities and services, d. Minimum side yard setback: See Figure 3-I.
D. Prohibited Uses: The following uses are prohibited in the RS-20 and RS-30 Planned e. Minimum rear yard setback; See Figure 3-1.
Unit Development (PUD) Resource Zone District: f. Minimum lot width: four hundred feet (400').
1. Airport. g. MaxJnmm height principal structures: twenty-eight feet (28').
2. Alpine ski areas and support, h. Maximum height accessory structures: twenty feet (20'). (Ord. 99-36 Att. B
3. Amusement and entertainment establishments. (part))
4. Commercial automobile parking lots.
5. Dormitory housing. NOTICE OF ADOPTIONS AT THE FOLLOWING
6. Duplex dwelling units. DULY-NOTICED PUBLIC HEARINGS:
7. Essential government facilities and services. REGULAR MEETING OF APRIL 23, 2003
8. Financial institutions. The following Resolution(s):
9. General services. · A Resolution Authorizing Pitkin County to Execute the Smuggler Mountain Road Settlement
10. Hospitals. Agreement in Board of County Commissioners of Pitkin County, Colorado V. Wilkinson, Et Al.,
I 1. Junk yards. United States District Court Case NO. 00-MK-1296
12. Medical/dental clinics.
13. Mobile homes. · A Resolution Providing Supplemental Appropriations to the 2002 Budget
14. Motels, hotels, lodges.
15. Multi-family dwelling units. And the following Ordinance(s):
16. Nursing, convalescent, rest, retirement homes. · An Ordinance Amending the Counfyls Emergency Medical Services Regulations Pertaining to
17. Officios. .Ambulance Licensing
18. Personal service outlets: food stores, dm~ stores, post office substation, First published on April 5, 2003
self-service laundries, dry cleaning outlets and liquor stores; the total space shall be limited to
eighty (80) square feet of gross leasable space per dwelling unit in the district. · An Ordinance Approving a License and Professional Services Agreement for Aspen/Pitkin
19. Places for retailing of goods (structures and businesses limited to twelve County Airport Interoet Access Services between the County and the Docking Station
thousand (12,000) square feet of floor area per building}. First published on April 12, 2003
20. Professional offices.
21. Research facilities, indoors. · An Ordinance Approving Acquisition of the Axtel and Protection Mining Claims owned by the
22. Research facilities, other. Music Associates of Aspen
23. Restaurants and bars. First published on April 12, 2003 "s,~.a~lvaqor~ NOTICE B~OW'*
24. Timesharing/fractional fees. Jeanette Jones
25. Uses not listed. Deputy County Clerk
26. Vehicle and aircraft sales and service. Published in The Aspen Times Weekly on May 3, 2003. (0338/03391034010341)
PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE
COUNTY COURT, PITKIN COUNTY, COLORADO NOTICE OF PUBLIC TRUSTI~ SALE NOTICE OF PUBLIC TRUSTEE SALE DISTRICT COURT, PITRIN COUNTY, COLORADO NOTICE IS HEREBY GIVEN TO THE GENERAL
CaseNo, 03C108 (No. 03-12) No. 05-13 Court Address: 506 E. MainSt. Aspen, CO81611 PUBLIC OF THE FOLLOWING MATTERS OF tN-
IN THE MATTER OF THE PETITION OF: WHEREAS, Jill Ann "Tulaal" Wilkinson, Gran- T0'Wh0m it may Concern: This Notice is given PlalntRi(s): JAMES L. CURTIS TEREST REGARDING THE PITRIN COUNTY
Carolyn E. Hilker. Adult: tot. by Deed of Trust dated February 2. 2001. and with regard to the toBowing described Deed of Defendant(s): MILO S. KETCBUM, GRETCHEN A. BOARD OF COUNTy COMMISSIONERS:
FOR A CHANGE OF NAME TO: Chrystal recorded February 2~ 200L as Reception No. Trust: KETCHUM. CITY OFASPEN, BOARD OFCOUNTY · Unless otherwise notified, all regular and spe.
Public Notice is given that on April 9, 2003, by an 451188 in the records of PBkin County, Colorado, Original Grantor: Douglas J. Valley COMMISSIONERS OF PITKIN COUNTY, COLORA- cial meetings will be held in the Board of County
Order of the Court, PRkin County. Colorado, the conveyed to the Public Trustee in said County Original Beneficiary: Norwest Mortgage, Inc. DO and All Unknown Persons Who Claim Any In- Commissioners, Plaza One Conference Room, 530
tollowing name was changed: the following de~t-ribed real property in said Pit- Current Owner of the Evidence of Debt: Wells terest In This Action E Main St, Aspen
The name ol Carolyn E. Hgker was changed to kin County. Col,. ado, which is all pi the real Fargo Bank West. N.A., successor in interest to Case Number: 03 CV 38
· Unless otherwise notified, all administrative
Chrystal. property curren!ly encumbered by said Deed of Norwest Mortgage, Inc. Div.: 3
Erin Fernandez-Ely, Judge Trust, to wit: Date pi Deed of Trust: August 4, 1998 Attorney: Austin, Peirce & SmBh, P.C. items begin at 2:00 p.m. and land use items begin
By s/Glenita L. Melnick, Deputy Clerk See attached Exhibit I Recording Date of Deed pi Trust: August 5, 1998 Name: Thomas Fenton Smith at 3:00 p.m., or as soon thereaRer as the conduct
J. Cavanaugh O'Leary of business allows.
Published in The Aspen Times on April 19, 26, AND, WBEREAS, said Deed pi Trust se- County of Recording: PBkin Address: 600 E. Hopkins Avenue, Suite 205 · Unless otherwise indicated, copies of the full
May 3, 2003. (028.5) cures a Promissory Note of even date therewith Recording Information of Deed pt Trust: Aspen. Colorado 81611 tex~ of any resolution(s) and ordinance(s) refer-
for sum of One Bundred Filly Thousand and Reception No. 420273 Phone Number: 970-925-2600 red to are available during regular business
No/100 Dollars ($150.000.00) payable to the or- YOD ARE HEREBY NOTIFIED that the owner of
PUBLIC NOTICE der of Machol & Machol, tLC. Incentive Plan Trust the Evidence pi Debt, the original principal Fax Number: 970-9254720 hours (8:30 - 4:30) in the Clerk and Recorder's pi-
E-mail: tsmith@aps-pe.com lice, 530 East Main Street, Suite 101,/kspen, Colo-
DISTRICT COURT. PITK1N COUNTY. COLORADO (2/15) and Lincoln Trust Company Custodian tot amount pi which was One Hundred Six coleary~aps-pc.com
Court Address: the benelit of Marnn I. Ravin 60646193 (13/15) pi Thousand ratio 81611
Plaintiffs: Denver, Colorado, on the terms set lorth in said Two Hundred and no/100 Dollars ($106,200.00) Arty. Rag.#: 6463
JOHN B DUNCAN AND BRENDA IL DUNCAN, Note and Deed of Trust; and which is secured by the Deed of Trust de- 32522 NOTICE OF UPCOMING PUBLIC HEARING.S:
SUMMONS
Defendants: AND, WHEREAS, Machol & Machol, tLC. In- scribed above, has liled written election and de' THE PEOPLE OF THE STATE OF COLORADO MAY 14, 2003
THE BALEAM LAND COMPANY, an expired cot- centive Plan Trust (2/15) and Lincoln Trust Cpm- mand lot sale as provided in said Deed of Trust. TO THE ABOVE-NAMED DEFENDANTS: The lollowing resolution(s):
potation, CHARLES A. HALLAM, BYRON E. SHEAR party Custodian for the benefit of Martin I. Ravin The outstanding principal balance due and You are hereby summoned and required to * A Resolution Of The Board Of County Commis-
andHENRYB. GILLASPIE, thelast acnng board of 60646193(13/15), the legal holder of said Note owing 61e with the Clerk oi this Court an Answer or oth- sioners Of Pdkin County, Colorado, Approving
directors o/Tbe Hallam Land Compeny, and all and Deed oi Trust, has Oled wrinen Election and upon the evidence pi debt secured by the er response to the attacbed Complaint. nservice The Chaparral Aspen Affordable Houalng Subdivi-
unknown persons who claim any interest in the Demand for Sale as provided in said Deed pi above- of the Summons and Complaint was made upon sion Final Plat (P033-03).
subject matter of this action, Trust. described Deed of Trust being Ioreclosed is One you within the State of Colorado, you are re.
Attorney: Ease Number: 03 CV 55 Hundred One Thousand Five Hundred Four and quired to file your Answer or other response For more information contact the Community De.
Name: Arthur C. Daily AND, WHEREP&, the property to be fore- 28/100 Dollars ($101,504.28) as pi April 9, 2003. within 20 days alter such service upon you. If velopment Department 130 South Galena Street,
Address: Holland & Hart LLP closed is not agricultural real estate as defined by The real properly beta~ fot~clo~-d Is ~ll of ~he service pi the Summons and Complaint was made 3rd Floor, Aspen, Colorado 81611. Phone: Sm
600 East Main Street, Suite 104 C.R.S. 38-30-302(4);
Aspen, Colorado 81611 AND, WHEREAS, the outstanding principal prol~erty enc~lmber~d by lmld Deed of Tru~ upon you outside the State of Colorado, you are zanne Wolff at 970-920-5093
and required to Iile your Answer or other response
Phone Number: (970) 925-3476 balance due and owing upon the said Promkssory is described as follows: within 39 days after such service upon you. NOTICE OF '[HE ADOPTIONS AT ~HE
Fax Number: (970) 925-9367 Note secured by said Deed pi Trust Is as of the hi- CONDOMINIUbl UNIT A-I 1, MIDLAND PARK SUB- II you lull to lile your Answer or other re- FOLLOWING DULy-NoTICED
E-maS: adaily~hoRandbert.com lng al this Ioreclosure action; DIVISION (A CONDOMINIUM) ACCORDING TO sponse to the Complaint in writing within the ap-
Atty. Reg.#: 2653 AND, WHERE~ 8, THE LIEN BEING FORE- '[HE MAP THEREOF, IN PLAT BOOK 6 AT PAGE plicable time period, judgment by default may be HEAP~ING OFFICER P~BtlC HEARING~:
~'dMMONS BY PUBLICATION CLO~D MAY NOT BE A FIRST LIEN; 138, AND AS DEFINED AND DESCRIBED IN THE entered against you by the Court tor the reliel de' APRIL 15, 2003:
THE PEOPLE OF THE STATE OF COLORADO TO NOW, THEREFORE, notice hereby is given CONIXJMINIUM DECLARATION. FOR THE MID- manded in the Complaint without further notice. (Determination No. 15 -2003) lot the Black Dia-
THE DEFENDANT(S) NAMED ABOVE that t will at 10:00 o'clock in the forenoon of May LAND PARK SUBDIVISION IN BOOK 353 AT PAGE This is an action to quiet title and remove clouds mond Holdings LLC 1041 Hazard Review, Concep-
You arc summoned and required to appear 21, 2003, at 506 East Main Street, Suite 201, As- 504, ALL IN TBE RECORDS OF THE PITK1N upon the title to the following described real tual Submission, Scenic Overlay, Special Review
and delend against the claims pi the complaint pen, Colorado, 81611, Pitkin County, Colorado, COUN- property situated in Pitkin County, Colorado: A and GMQS Exemption to establish a building eh-
filed with the court in this action, by filing with sell at public auction to the highest and best bid- TY CLERK AND RECORDER strip of land situated in Block 101, Hallam's Addi- velope to construct a single family residence and
the clerk of this court any answer or other m- der for cash, the said real property and all inter- also known and numbered as: 111 Midland Park lion to the City of Aspen, Colorado, being one- to preserve and expand the e~isnng historic resi-
spense. You are required to file your answer or est pt said Grantor, their heirs, successors and Place, A-I 1, Aspen, CO 81611 half of the alley width situated southerly of and dence. The property is located in SWI/4, SW1/4,
other response within 30 days aRer the service of assigns therein, for the purpose of paying the in- Together with all appurtenances, fixtures, rents, adjacent to the southerly boundary of Lots 7 and Section 28, Township 10 South, Range 84 West pi
this Summons upon you. Service of this Sum- debtedness provided in said Note and Deed pt issues, and profits, water, ditch and reservoir 8 in said Block 101 and being more particularly the 6th RM. The State Parcel ldennncation Num-
mons shall be complete on the day pi the last Trust, attorneys' lees and the expenses of sale, rights, however evidenced, appertaining thereto described in the Complaint to Quiet Title to Real bet for the property is 2737-283-004)09, Case#
tainedPUblicati°n'from theA cOpyclerkOlolthethe complaintcourt, may be ob- and will deliver to the purchasers a certificate of or used in connection therewith. Property Under C.R.C.R 105 filed in this action. P010-03. This site speclRc development plan
purchase, all as provided by law. THE DEED OF TRUS'I' BEING FO~e~I.O~ED A copy pi the Complaint in this case is grants a vested property right pursuant to Title
0 you lall to file your answer or other re- Dated April 1, 2003 MAY NOT BE A FIRST LIF.~. served herewith.
sponse to the complaint In writing within 30 days By: s/Carol L. Foote Dated this 17th day of April, 2003. 24, Article 68, Colorado Revised Statutes.
after the date of the last publication, judgment by THEREFORF~ Notl~'e Is Hereby Glvell AUSTIN, PEIRCE & SMITH, tLC. Jeanette Jones
default may be entered against you by the court Deputy Public Trustee that
By: s/J. Cavanaugh O'Leary, #32522 Weekly on May 3,
for the rebel demanded in the complaint, without in and for Pitkin County, Colorado I will, at 10:00 o'clock in the forenoon pt J-~e 4, 600 E. Hopkins Street, Suite 205 Published in The As~en Tim~Deputy County Clerk
further notice. First Publication: April 12, 2003 2005, in the office of the Public Trustee at 506 Aspen, Colorado 81611 2003. (0343)
This is an action to quiet the title pt the Last Publication: May 10, 2003 East Main Street, Aspen, Colorado, 81611, Telephone: (970) 925-2600
Plaintiff in and to the real property situate in Pit- Publisher: The Aspen Times County Facsimile: (970) 9254720
kin County, Colorado, more particularly descri- ROBINSONWATERS&O'DORISIO, ILC. Attorneys of PRkin, State pi Colorado, sell at public AttorneyslorPlalntlff AMENDED PUBLIC NOTICE
bed on Exhibit A attached hereto and by this ret~ 1099 18th Street auction Published in The Aspen Times on April 26, May 3, NOTICE IS NEREBY GIVEN TO THE GENERAL
erence made a part bereol Denver, Colorado 80202 to the highest and best bidder for cash, the real 10, 17, 24, 2003. (0305) PUBLIC OF THE FOLLOWING MATTERS OF IN-
Dated: March 31, 2003 Phone (303)297-2600 property described above, and all interest pt TEREST REGARDING THE PITKIN COUNTY
s/Asthur C. Daily, #2653 PURSUANT TO THE FAIR DEB'I: COLLECTION said BOARD OF COUNTY COMMISSIONERS:
Attorney for Plaintiff PRACTICES ACT, YOU ARE ADVISED THAT THE Grantor, Douglas J. Valley, the heirs, successors PUBUC NOTICE * Unless otherwise notified, all regular and spe-
Holland & Hart LLP LAW FIRM OF ROBINSON WATERS & O'DORtslO, and assigns, Ior the purpose pi paying the RE: BURLINGAME RANCH CONVENIENCE OR cial meetings will be held in the Board of County
600 E. Main Street, Suite 104 RC. IS DEEMED TO BE A DEBI COLLECTOR AT- indebt- WELFARE OF THE PUBLIC (COWOP) TASK FORCE Commissioners, Plaza One Conference Room, 530
Aspen, COSl611 TEMPTING TO COLLECT A tW~'T AND ANYIN- edness peovlded in the underlying Promissory TEAM MEETING EMainSt, Aspen
(970) 925~476 FORMATION OBTAINED WILL BE DSED FOR Note and Deed of Trust, attorney fees, and the NOTICE IS HEREBY GIVEN that a public · Unless otherwise notified, all administrative
EXiHBIT "A" THAT p~E. ex- hearing will be held with the Burlingame Ranch items begin at 2:00 p.m. and land use items begin
A parcel of land situated in the NE 1/4 pt EIOHBFF A penses of sale, and will deliver to the purchaser COWOP Task Force Team on May 12, 2003 @ 5:00 at 3:00 p.m., or as soon thereaBer as the conduct
Section 12, Township 10 South, Range 85 West of Della S, U.S.M.S. No. 3939, as described In patent a P.M., City Council Chambers, City Hall, 130 S Ga- pt business allows.
the 6th RM., Pitkin County, Colorado, and being Book 175 at Page 168, excepting that portion de- Certificate pt Purchase, all as provided by law. lena Street, Aspen, Colorado. · Unless otberwise indicated, copies of the full
more particularly described as lollows: scribed in Deed Recorded Book 177 at Page 378. THE LAW FIRM OF BROWN, BERARDINI &DUN- The purpose pi the hearing for City Council text pi any resolution(s) and ordinance(s) reter~
Beginning at a point on the Southerly right- EXCF~°TIONS TO DEED OF TRUST NING, P.e., IS ATIT~MPTING TO COLEECT A to authorize the BurRagame Ranch COWOP Task red to ar~ available during regular .business
of-way line pi the Denver & Rio Grande Western FROM JILL ANN "TULASF ~IfflXINSON TO MA- DEBT AND ~ INFORMATION OBTAINED
Railroad whence the easterly t/4 corner pi said CHOL & MACHOL, RC. INCENTIVE PLAN TRUST ~ BE U~,D FOR THAT P~ Force Team to refine a draft of the Land Use and hours (8:30 - 4:30) in the Clerk and Recorder's of-
Section 12 bears S00°33'23" E. 1180.32 feet; and Development Plan for the Burlingame Ranch al- bce, 530 East Main Street, Suite I01, Aspen, Colo-
thence departing said right-of-way line and along AND LINCOLN TRUST COMPANY CUSTODIAN Dated: April 16, 2003
a fence line and extension thereof 566°23~00" W. FORTHEBENEFITOFMARTINI. RAVIN 60646193 Thomas Carl Oken fordable housing development by including the radoS1611
158.46 feet to the point of intersection with the F~cept and subject at Book 460 at Page 353; Book Public Trustee for the County of Pitkin. property commonly referred to as the AVLT par- NOTICE OF UPCOMING PUBLIC HEARINGS:
easterly boundary line of the Merriam Subdivi- 461 at Page 395; Book 468 at Pages 679 and 698; State of Colorado, cci. The AVLT parcel is adjacent to Burlingnme REGULAR MEETING TO BE HELD ON MAY 14,
sion, thence the following courses and distances Mineral Rights in Dqeds recorded in Book 698 at by: s/Carol L. Foote Ranch on the northerly aide of Deer Bill (parcel
along said easterly boundary line N05°45'00'' W. Pages 643 and 646; Right pi Way and Maintenance Deputy Public Trustee no. 27350221)0802).
231.24 feet; N23°00'00'' W. 55.67 feet to the point in Book 565 at Page 414, Book 573 at Page 482, First Publication: April 26, 2003 The subject property is commonly known The following resolution(s):
· A Resolution Authorizing Pitkin County to Exe-
pi Intersection with said railroad right-pi-way; Book 599 at Page 589 and Book 751 at Page 861; Last Publication: May 24, 2003 as the Buriingame/ Zoline Ranch and is located cute the Smuggler Mo~nt~l~ Ro~ Settlement
thence along said railroad right-of-way the follow- Book 570 at Page 351 and as Reception No. Name of Publication: The Aspen Times east of Highway 82 and north of Stage Road. .~ment in Board of County Commissioners of
ing courses and distances S4I°I 0'00" E. 261.63 448798; Mineral Rights in Book 698 at Page 657; BROWN, BERARD~I & DUNNING, tLC. For turther information contact Joyce Ohlson at Pnkin County, Colorado ~ Wilkinson, Et Al., Unit-
feet; S40°35'02'' E. 27.50 feet to the point of begin- Book 747 at Page 268; Book 751 at Page 861; Re- Brian J. Berardini, #10406 the Aspen/ Pdkin Community Development De- ed States District Court Case NO. 00-MK4296
ning. ception No. 416983; and Lis Pendens Reception 3779 Cherry Creek Drive North, Suite 1020 partment (970) 920-5062 or Michelle BonSIs at the Jeanette Jones
Published in The Aspen Times on April 5, 12, 19, No. 443825. Denver, Colorado 80209 Aspen/ Pitkin County Housing Authority (970)
· 920-5582. DeputyCountyClerk
26, and May 3, 2003. (0252) Published in The Aspen TImes on April 12, 19, Telephone: C303) 3~63
26, and May 3, 10~ 2003. (0254) Published in The Aspen Times on April 26. May Published in The Aspen Times on May 5, 10, Published in The Aspen Times Weekly ob May 3,
3, 10, 17, 24, 2003. (0295) 2003. (0337) 2003. (0346)