HomeMy WebLinkAbout03.07.2024.boa.meeting - special - canceledBoard of Adjustment Agenda
THURSDAY, MARCH 7, 2024, 5:30 PM
SPECIAL MEETING
BOCC Meeting Room, 1st Floor
530 E Main St, Aspen, CO 81611
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NEW BUSINESS
1. Case 11-2023 - CONTINUED TO A DATE TO BE DETERMINED
Emma Fields, LLC
50 Distillers Way
The Applicant requests Arterial Highway and Front Yard Setback variances, and multiple height
variances necessary for regrading to bury four new fire suppression tanks within required
setbacks. This lot contains 8.001 acres and is located in the U zone district.
MINUTES
Reminder: Minutes are no longer transcribed and reviewed by the Board of Adjustment. Let me know if you
are interested in reviewing the Minutes of a particular meeting. Audio tapes are available.
Reach me at 920-5105 or at
joanna.shaffner@pitkincounty.com
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Project/Case #
PBOA.23 93.2023
Address:Parcel Num ber(s):Location Deta ils:
50 DIS TIL LERS, PITKIN COUNTY, CO 8 1 621 246720100 003 Off Hoaglund Ranch Road
PIT KIN COUNT Y BOARD OF ADJUST MENT APPLICAT ION
530 E Main St, Suite 205 Aspen, C O 81611
OFFICE PHONE 970-920-5526 http://w ww.pitkincounty.com
PROJEC T NAME : Emma Fields L LC Major Road Setback Variance
OWNER INFORMA TION Is Owner Entity? (LLC, Trust, etc…) No Yes
ENTITY OWNER (Note: The Authorized Agent is the pe rson listed on the Statement of Authority for the Entity)
Company Name :Emma Fields LLC Phone :9709252855 Email :chris@bendonadams.com
Authorized Agent
First Name
Chris
Authorized Agent
Last Name
Bendon
Address :(Addres s
listed on Asses s or
Records )
217 Barefoot
Beach Blvd
City :Bonita Springs State :Florida Z ip :34134
Property Owner is Applicant?
Yes
No
Contact Role
Owner's Representative
Other
APPLICANT (Note: If Applica n t is an Entity please fill out th e Entity Nam e and Address fields only)
First Name
Emma Fields L LC
Last Name/Entity Name
Emma Fields LLC
Email Address
chris@bendonadams.com
Address
217 Barefoot Beach Blvd
Phone Number
9709252855
City
Bonita Springs
State
Florida
Zip 34134
APPLICANT REPRESENTATIVE (This will be the designa ted point of contact throughout the applica tion review)
First Name
Chris
Last Name
Bendon
Email Address
chris@bendonadams.com
Address
BendonAdams
Phone Number
9709252855
City
Aspen
State
Colorado
Zip 81611
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Board of Adjustment App Form
List of Relev ant Land U se A pprovals (Though not required, we strongly suggest that all required land use approvals be obtained before submitting an application to the Board of Adjustment)
BoCC Reso 35-2021 - 677978
Site Plan - 680819
Description of why a V ariance is Necessary
To accommodate a subgrade fire suppression system . See application for description of variances requested and nature of hardship.
What is the Hardship?
If R oad Setback selected then required uploa d is survey showing distance from the
proposed development to the right-of-way.
If Ya rd Setback selected then required upload is survey showing distance from the
proposed development to lot lines.
If Signs selected th en the required upload is a survey showing location of a ll existing and
proposed identification signs located on-site.
If Height Variance selected then required uploa d is 2’ topogra phic survey a nd sections
showing natura l a nd proposed grades through the area of dev elopment a nd as related to
the heights of proposed retaining walls.
Road Setbacks - Major Roa d Setback Varia nce
Lot Siz e
348527
Zone District
Unclassified
Section C ode
3-80-30
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OWNER(S), ADDRESS(S), PARCEL ID(S), & LEGAL(S) FORM
Owner
First
Name
Owner
Last
Name/LLC
Project Addre ss(es)Project Parcel (s)Project Legal Description(s)
Delete
Row
Emma
Fields LLC 50 Distillers Way 2467-201-00-003 S-T-R Tract 55 8-86 X
Add More Rows
Remarks
See application materials for description of hardship and variances r equested
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Location Information
Legal Description
Subdivision: M/B BAS AL T Tract: 55 Tow nship: 8 Range: 86 A PARCEL OF LAND
SITUATED IN TRACT 55, TOWNSHIP 8 S , RANGE 86 W OF THE 6TH PM, DESCRIBED
AS FOL L OWS: COMMENCING AT ANGLE PT #4 OF TR ACT 53; THENCE S 25°03'58 " W
2229.86 FT TO THE S ETL Y CORNER OF HOLLAND HIL LS SUB, AS S HOWN ON THE
PLAT THEREOF RECOR DED IN PLAT BK 4 PG 252 OF THE PITKIN CNTY CLERK &
RECOR DERS OFFICE; THENCE N 38°55 '03" E ALONG THE ETLY BOUNDARY LINE OF
SAID S UB A DISTANCE OF 26.26 FT TO A PT ON THE NTHLY ROW OF STATE HWY 82
THE POB; THENCE CONTINUING ALONG SAID ETLY BOUNDARY L INE N 38°55'03" E
A DIS TANCE OF 444.61 FT; THENCE L EAVING SAID ETLY BOUNDAR Y LINE S
41°52'17 " A DISTANCE OF 473.94 FT'; THENCE S 43°3 4'43" E A DIS TANCE OF 247 .58
FT; THENCE S 04°06'01" W A DISTANCE OF 59.98 FT; THENCE S 39°30'11" W A
DISTANCE OF 25.41 FT THENCE S 44°2 3'49" A DIS TANCE OF 135.32 FT TO A PT ON
THE WTL Y LINE OF REC # 376874; THENCE S 39°04'5 1" W ALONG S AID WTLY L INE A
DISTANCE OF 322.37 FT TO A PT ON THE NTHLY R OW OF STATE HWY 82 AS
RECOR DED IN REC #41 8 638; THENCE LEAVING S AID WTLY LINE N 44°27'09" W
ALONG THE NTHLY R OW OF SAID S TATE HWY 82 A DISTANCE OF 5 07.08 FT;
THENCE CONTINUING ALONG SAID R OW N 48°22'4 1" W A DIS TANCE OF 377.48 FT
TO THE POB.
Fire Distri ct Name
Basalt R ur al Fire Protection District (R oaring Fork Fire Authority)
Sewer Service District
Water Service District
Caucus N ame
Master Pl an Area
School Di strict
Roaring Fork School District RE-1
Library Di strict
Basalt L ibr ary District
Urban Growth Bounda ry Aspen
Pitkin County
Signature : |sign|
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
November 6, 2023
Revised February 2, 2024
Pitkin County Board of Adjustment
c/o Joanna Schaffner, Zoning Officer
Pitkin County Community Development Department
530 E. Main Street #203
Aspen, CO 81611
RE: 50 Distillers Way; Pitkin County, Colorado
Application for Variances
Ms. Schaffner:
Please accept this amended application
requesting variances to setbacks, grading, and
height limitations in the front and side yard
setbacks for the Emma Field s Distillery. The
property is located upvalley of Basalt near the
trestle bridge. The property is accessed from
Hoaglund Ranch Road and is addressed as 50
through 86 Distillers Way. This Application is
similar to that which was approved by the Board
of Adjustment at their October 10 meeting as
outlined below. A resolution regarding neighbor-to-neighbor relations has been reached and this
revised variance application is not expected to generate elevated public hearing commotion.
Variances to the grading, berm, and height limitations within the front yard and Highway 82
setbacks are necessary to accommodate a series of buried fire suppression water tanks needed
to protect the distillery property and improvements. The location and height of the tanks along
with various appurtenant apparatus are mandated by functional and regulatory requirements. The
Roaring Fork Fire Rescue Authority (RFFRA) and building codes require these tanks.
The Board of Adjustment (BoA) reviewed and approved setback, grading, and height variance
requests for these firefighting improvements during their October 10th public hearing. The BoA
found the criterion stated in Pitkin County Land Use Code Section 2-40-110.b for the granting of
a variance was met and granted the requested variances to allow the horizontal location of the
tanks within the setbacks and for heights of the associated berming, vents and tank lids. BoA
Resolution 9-20023 was approved and is recorded at Recep. No. 700068.
The granted height variances did not consider County-preferred pre-development grades from
which measurements would be taken. This revised application uses the County’s preferred point
of measurement. While the firefighting water tanks have not moved, this revised application
requests a full set of variances for all aspects of the water tanks, effectively replacing and
overriding the previous BoA decision.
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Emma Fields
Variance Application
Page 2 of 11
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
This application requests variances to approve both the horizontal and vertical positioning of the
tanks and associated devices. This resulted in the previous variances granted by the BoA being
insufficient to accommodate the heights of the fire suppression improvements and the reason for
this follow-up application.
This revised application measures the fire suppression improvements from the 6,765-foot grade.
Subsequent to the previous hearing, Pitkin County Staff informed Emma Fields that the pre-
construction grade elevation of 6,765 feet above mean sea level (MSL) would be the basis for
measuring the fire suppression improvements as opposed to the historic grades that Emma Fields
and the BoA had assumed.
It should be noted that the property was previously heavily excavated (prior to The Emma Fields
LLC ownership) to provide a driveway cut. While measuring from the low driveway cut, which is
the 6,765-foot grade, causes significant-sounding variance requests, in actuality the
improvements are more proximate to surrounding grades of the property prior to any such
disturbance. Nonetheless, all requested dimensions in this application are represented as being
measured from the 6,765-foot pre-construction grade as determined by Pitkin County Staff.
The horizontal positioning of the improvements has not changed. The height dimensions of
berms, lids, and vents have been revised to measure from a grading plan adopted as part of the
project approvals and used in all permitting of the project. In addition, the air intake vents have
been raised to provide a 48-inch clear area above finished grade. Fire Marshall John Mele has
reviewed and accepted the installation.
The requested variances are as follows:
1. A 52-foot Arterial Highway setback variance to allow subgrade fire
suppression water tank structures, and associated vents, lids, and soil
cover, to be placed 48 feet from State Highway 82, where 100 feet is
required, representing a 52-foot horizontal variance.
2. A 12-foot Front Yard setback variance to allow subgrade fire suppression
water tank structures, and associated vents, lids, and soil cover, to be
placed 38 feet from Hoaglund Ranch Road, where 50 feet is required,
representing a 12-foot horizontal variance.
3. A 48-inch Height variance to allow site grading within the setback to
accommodate four subgrade fire suppression water tank structures and
soil cover to be placed at a Height of 6,771.5 feet above mean sea level,
approximately 78 inches above the preconstruction grade of 6,765 feet
above mean sea level. Accounting for a site grading allowance of 30
inches, a 48-inch vertical variance for site grading in the setback is
requested.
4. A 30-inch Height variance to allow a berm within the setback to
accommodate four subgrade fire suppression water tank structures and
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Emma Fields
Variance Application
Page 3 of 11
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
soil cover to be placed at a Height of 6,771.5 feet above mean sea level,
approximately 78 inches above the preconstruction grade of 6,765 feet
above mean sea level. Accounting for a berm allowance of 48 inches, a
30-inch vertical variance for a berm in the setback is requested.
5. An 84-inch Height variance to allow four tank collars and four tank lids
associated with subgrade fire suppression water tank structures to be
placed at a Height of 6,772 feet above mean sea level, approximately 84
inches above the preconstruction grade of 6,765 feet above mean sea
level. This vertical variance will allow the tank collars and tank lids to sit 6
to 12 inches above finished grade.
6. A 135-inch Height variance to allow four tank vents associated with
subgrade fire suppression water tank structures to be placed at a Height
of 6,776.25 feet above mean sea level, approximately 135 inches above
the preconstruction grade of 6,765 feet above mean sea level. This vertical
variance will allow the tank vents to have minimum 48 inches of clear space
above finished grade.
Site sections of the buried fire suppression water tank area show the tanks in relation to the
adopted grades referenced in the land use approvals and used for all construction documents.
Please see Exhibit 6. Site sections also show the tank lids and the venting pipes that extend
above the finished grade.
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Emma Fields
Variance Application
Page 4 of 11
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
In this application, Emma Fields requests specific height authorization for the tank lids and vent
risers to accommodate their functional and regulatory height requirements. The tank lids need
to be above grade to prohibit dirt and debris from falling into the water tank when being filled or
serviced. Otherwise, the water tank could be compromised with contaminants blocking the flow
of water. The tank vents are needed to allow air to flow into the tanks and equalize pressure as
water is being pumped out. Otherwise, a vacuum is created and water cannot freely flow. The
vents must be above grade with a 48-inch clearance from the bottom
of the vent to the finished grade below to allow a free flow of air into
the tank when in use. The vent piping itself will be approximately 8.5
inches higher than the intake height to accommodate the down-
turned vent opening.
The diagram to the right shows how the vent intake
must be minimum 48 inches above finished grade
All measurements are taken from the pre-construction grade of 6,765 feet above mean sea level
as determined by County Staff. This application requests allowance for the four tanks to rest at
elevation 6,770 feet; the grading over and around the tanks to exist at elevation 6,771.5 feet; the
four tank collars and lids to exist at an elevation of 6,772 feet; and, the tops of the four vent pipes
to exist at elevation 6,776.25 feet above mean sea level.
All other required approvals have been obtained and building permits issued. The project is
otherwise ready to finalize inspections, complete landscape installation and begin operations.
Standard of Review
2-40-110 (b) Approval Criteria
The Board of Adjustment shall only approve a variance where, by reason of
unusual narrowness, shallowness, or shape of a specific piece of property at the
time of the enactment of the regulation, or by reason of unusual topographic
conditions or other situation or condition of such piece of property, the strict
application of the height or yard and road setback regulations of this Land Use
Code would result in peculiar practical difficulties to, or undue hardship upon, the
owner of such property, and the granting of relief from the strict application of this
Land Use Code will not cause substantial detriment to the public good and will not
substantially impair the intent and purpose of the Pitkin County Comprehensive
Plan and this Land Use Code.
Response
While the property is adjacent to State Highway 82, the property is only accessible from Hoaglund
Ranch Road via a single access point on a driveway now known as Distillers Way. Through the
land use review process for the County, Emma Fields had a revised site plan approved (which
was also approved by some neighbors pursuant to a private agreement) that included a fire
hydrant and fire suppression water tanks in the northwest corner of the property, which locations
were initially approved by the RFFRA. However, when the site plan was referred to agencies
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Emma Fields
Variance Application
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
during the building permit process, a personnel change had occurred at RFFRA and Fire Marshal
John Mele stated that the hydrant could not be located in that corner, which then also necessitated
a relocation of the fire suppression water tanks in order for the fire suppression system to function.
Reasonable use of the property requires an adequate fire suppression system with sufficient
water supply and a safe and accessible hydrant location and system. The hydrant and water
tanks are located in the only feasible location on the property as described in the memoranda
from Deborah Shaner and Luc Bamberger attached hereto. Due to the unique situation of this
property and the constraints placed on development locations by BOCC Resolution 35-2021 and
a private covenant with the neighbors (described in more detail below), the Emma Fields Property
has unusual and special conditions that burden it and not allowing the location of the fire
suppression water tanks and berms created thereby within the setback would result in peculiar
practical difficulties (an inability to comply with RFFRA and Pitkin County regulations) an undue
hardship on The Emma Fields, LLC. The BoA made a finding during the October 10th hearing that
reasonable use of the property requires an adequate fire suppression system with sufficient water
supply and a safe and accessible hydrant location, and that the proposed location, heights, and
configuration of the proposed water tank system met the criterion stated in Section 2-40-110 -b.
Not allowing a hydrant and water tank system for firefighting would represent an undue hardship
on the owner. The Pitkin County Board of County Commissioners (BOCC) Resolution 35 -2021
approving the current development of the property for these purposes specifically required, at
page 11, paragraph 27 – that the development must comply with any recommendations from
RFFRA, including that a “fire suppression tank shall be installed on-site per the recommendation
of” RFFRA. Eliminating firefighting capability would eliminate any reasonable use of the property
and deprive the owner of rights commonly enjoyed by owners of similar properties. Whether it be
a distillery, a commercial use, a service use, or a residential use, any reasonable use of the
property is required to provide adequate fire suppression capability.
In order for the distillery and associated buildings to operate, the development must incorporate
an adequate water supply for fire suppression. The neighborhood does not have a municipal or
communal water source or system of hydrants that can be accessed by firefighting apparatus
during an emergency. This property must create and accommodate an adequate water supply
system, accessible by firefighting apparatus. The hydrant and tanks are ideally located in a way
that enhances fire protection of surrounding properties in addition to meeting requirements for fire
protection for the property development and functionality for RFFRA.
As stated above, the initial design for the property designated a tank and hydrant location in the
back of the property that would have required a fire truck and a refilling tanker truck to drive past
one or more potentially burning buildings to gain access to the hydrant. When the building permit
was sent out for agency review, this initial location was found to be unacceptable to John Mele,
the Fire Marshal with RFFRA.
The hydrant must be located to support safe access by a firetruck. A firetruck must be able to
pull up to the hydrant, not block exiting traffic, connect to the hydrant and tank system, and engage
in firefighting operation in a manner than does not endanger firefighters, risk loss of equipment,
or otherwise hamper firefighting operations. Similarly, additional water brought to the site may be
from a range of sources – a firefighting tanker truck or a private or municipal water hauling truck
that may lack the appropriate connectors to connect directly to a firetruck. In this case, the water
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Emma Fields
Variance Application
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
hauling truck would need to deposit water directly to the water tanks for the firetruck to then be
able to utilize the water for firefighting. For this reason, the tanks cannot be located where a
refilling tanker truck would need to drive next to or between burning buildings.
Areas of the property that require a fire
truck or refilling tanker truck pass by or
between potentially engaged buildings
are represented in the map to the right.
(also see attached map exhibits.)
These areas are unacceptable areas to
locate a hydrant and water tank system.
With the assistance of the following members of the design team, multiple alternate locations
were investigated for development of the water tank and hydrant system. Please see attached
reports from Deborah Shaner, P.E, and Luc Bamberger, AIA.
• Luc Bamberger, AIA - Anderson Mason Dale Architects - Project Manager
• Deborah Shaner, P.E. - Shaner Life Safety - Fire Protection Engineer
• Garrett Bowling, P.E. - Bighorn Consulting Engineers - Plumbing Engineering
The first factor is the location of the hydrant. This location must be accessible by a fire truck and
not block exiting traffic. A location along the first section of Distillers Way is required.
The map to the right shows
acceptable hydrant locations
along Distillers Way
The next parameter is the tanks must be located close enough and at a certain elevation from
the hydrant to allow a firetruck to effectively draw water into the firetruck via gravity – the system
is not pressurized. While a tank location may provide an adequate draw depth, if the location is
too far away the hydrant, hydraulic friction will be too great for the system to be effective.
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Emma Fields
Variance Application
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Areas that are too far from the
hydrant head are shown in the
map to the right
The next parameter is the draw depth of the tanks. The tanks must be buried with at least one
foot of cover to avoid freezing conditions and remain effective year-round. As stated above, the
tanks must be situated within certain vertical feet of the hydrant head to allow a gravity-assisted
system and maximize the effectiveness of firetruck pumping systems. Various finished grades
on the site enable regulatory and practical access to buildings and cannot be manipulated to any
large degree.
Areas of the site that have
prohibitive vertical elevations for
water tanks are shown in the
map to the right
A design parameter that shaped the design team’s analysis is a private covenant with a series of
neighboring parties – the Roaring Fork Meadows Owners Association Inc., Houglund Ranch Lots
1 and 2 Association, Diane and Randy Utz, 182 Houglund Ranch LLC, RFM Lot 3 Holdings LLC,
Frank and Michelle Hevdejs, and Roaring Fork Meadows LLC. The covenant requires certain
large tree plantings in and around the eastern and southern property lines. These large trees
cannot be planted or sustained over subgrade water tanks. Likewise, the serviceability and
functionality of water tanks cannot be sustained if surrounded or covered by large trees.
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Emma Fields
Variance Application
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
Areas of the property
inconducive for water tanks due
to landscape obligations are
shown on the map to the right
The final location parameter considered by the design team are areas free of routine traffic. For
the water tanks to withstand the weight and deflection of vehicles, the tanks need to be buried
below the maximum draw depth. For the tanks to avoid failure due to vehicle weight and the
resulting deflection, they cannot be in areas subject to vehicle traffic. This effectively eliminated
areas within driveways, parking areas, and the firetruck turnout.
Areas eliminated based on
vehicle impacts are shown on the
map to the right
The area selected for a hydrant by the design team is a location adjacent to a firetruck turnout on
the righthand side of Distillers Way upon entering the property. This turnout and hydrant location
allows a firetruck to pull out of exiting traffic and establish operations without having to pass by or
between buildings. The area selected for water tans by the design team after this process of
elimination is on the lefthand side of Distillers Way upon entering the property. This location
meets the distance and draw depth parameters and allows the tanks to be filled easily without
passing a building. For various reasons, as outlined in the information provided by Deborah
Shaner and Luc Bamberger, other potential locations for the buried fire suppression water tanks
were infeasible.
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Emma Fields
Variance Application
Page 9 of 11
300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
The location of the hydrant and
water tank system is shown on
the map to the right
This location for the hydrant and buried fire suppression water tanks was submitted to and
approved by Pitkin County as a change order to the previously issued building permit .
There is not an option of not having water tanks or an adequate water supply for fire suppression.
Without an adequate water supply, development of this property cannot occur which would be an
obvious and catastrophic impairment of the property right and a severe hardship on the property
owner. This is far beyond a peculiar practical difficulty upon the property owner and would
certainly represent an undue hardship.
Locating the hydrant and tanks in a dangerous location is not an option. The hydrant and tanks
are only useful if they enhance firefighting capabilities. Positioning the hydrant and tanks in a
location that requires passing by or between buildings that could be engaged in a fire event would
dramatically impair firefighting capabilities and is not acceptable. This condition represents a
peculiar practical difficulty upon the property owner.
Locating the hydrant and tanks in a manner that impedes the draw function of the firefighting
equipment is not an option. Having the tanks too high or too low in comparison to the hydrant will
compromise the firefighting functionality. Locating the hydrant too far away from the tanks
presents hydraulic friction problems and would also compromise the firefighting functionality.
Locating the hydrant and tanks in a way that impedes the firefighting functionality would raise
serious legal and ethical questions. This condition represents a peculiar practical difficulty upon
the property owner.
Positioning tank filling collars and lids in a way that allows debris to infiltrate and compromise the
system is not an option. The tanks must be able to be filled without dirt and debris entering the
system. This is especially important if the tanks must be filled during an event. A tanker truck
may need to connect to firefighting apparatus through the tank system. An operator must be
able to quickly access the tank lid and fill the tank without introducing debris into the system. A
tank filling system where the tank can easily be compromised is unacceptable. This condition
represents a peculiar practical difficulty upon the property owner.
The tanks must be vented and the vent risers must remain free of obstruction. As water is pulled
from the tanks, replacement air must enter the tanks to prevent a vacuum. Without the make-up
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Emma Fields
Variance Application
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air entering the tank, a vacuum would be created and the firefighting apparatus would not be able
to draw water for use. A vacuum could also implode the tank system and ruin the ability to draw
any water for use during an event. The vents must be high enough to be clear of obstruction,
including snow build-up during winter months. A hydrant and tank system without proper venting
and provision for make -up air is unacceptable. This condition represents a peculiar practical
difficulty upon the property owner.
The only option for locating and designing the hydrant and tank system is to follow the codes and
standards, follow the advice and guidance of a qualified fire protection engineer, and achieve the
review, approval, and acceptance of the local Fire Marshal. This requires input from professionals
who are trained experts in this arena, who are familiar with the codes and standards, who know
the peculiar attributes of the property, who understand the functionality and logistical requirements
of a system, and who can bring an optimal solution to a complex problem.
Granting flexibility on the height of the berm/grading over the water tanks and the heights of the
tank lids and vents will alleviate the property owner from an undue hardship in consideration of
these peculiar practical difficulties and site-specific considerations. Granting of the variances will
not impair the purpose of the Pitkin County Land Use Code or of the Comprehensive Plan and
will not cause substantial detriment to the public good. In fact, the public benefits from this
firefighting water source in this neighborhood. The standard of Pitkin County Land Use Code
section 2-40-110.b is met.
During their October 10, 2023, public hearing the Pitkin County Board of Adjustment found the
unique conditions of the property represented a peculiar practical difficulty and undue hardship
upon the property owner and granted, by unanimous vote, variances to accommodate the location
of the fire suppression water tanks and associated devices within the front yard and Highway 82
setbacks. The improvements remain in their same position with the grade of measurement
changed and the clear span for the make-up air vents increased to 48 inches.
The requested variances will allow the project to move forward while adhering to County safety
regulations. Fire suppression is a requirement not only for this type of use, but all other uses that
fall under the Land Use Code. Without installation of fire tanks, development of this project, or
any project, would be prohibited. Granting of the variances will enable the property to continue to
be developed in accordance with all other applicable county regulations and will not confer any
special rights or privileges to the property owner. The community’s expectations, as expressed
in the County Land Use Code, for compatible uses and development characteristics balancing
social, economic, and ecological interests with the safety, health, and welfare of the community
will be maintained. The integrity of the County’s Land Use Code and the Pitkin County
Comprehensive Plan will not be affected by this grant of variance and the public good will be
maintained by allowing a development parcel to be developed with reasonable and adequate
limitations.
The applicant has been very judicious with these requests, limiting them to those necessary to
achieve adequate and reasonable use of the property, to alleviate peculiar practical difficulties of
the property, and to avoid undue hardship upon the owner without impairing the public good or
impairing the intent of the land use code. The applicant is amenable to landscape screening,
painting the vent risers to blend with the surrounding landscape, or other reasonable aesthetic
mitigation measures that do not affect the functionality of the system.
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Variance Application
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300 SO SPRING ST | 202 | ASPEN, CO 81611
970.925.2855 | BENDONADAMS.COM
This application provides the needed documents, appropriately responds to the criteria for
approval, and represents compliance with all applicable requirements. The applicant reserves
the right to supplement this application with photos, maps, graphics, written and verbal testimony
at the hearing. plans associated with this application should be considered preliminary as design
details could still be modified. Please let us know if we can answer questions, provide additional
clarity, or address any other item that comes up. We will also happily organize a site visit at your
request.
Please let me know if there is any additional information that you need to perform your review and
do not hesitate to contact me about any of the above.
Sincerely,
Chris Bendon, AICP
BendonAdams LLC
Attachments:
1. Application Form
2. Site Survey
3. Authorization Letter
4. Proof of Ownership
5. Pre-Construction Grading
6. Cross section of grading showing improvements
7. July 30, 2023 Letter from Deborah Shaner
7.1 Shaner Life Safety Report
7.2 Resume of Deborah Shaner, P.E.
8. August 7, 2023, Report from Luc Bamberger, AIA
8.1 Tank Location Constraints Map
9. BOCC Resolution No. 35-2021 – 677978
10. Recorded Site Plan – 680819
11. Vicinity Map
12. List of Property Owners within 300 Feet
25
8/3/20I:\ComDev\planning\adminasstPlanning\to delete\Application.Packet.2020.docx
PITKIN COUNTY
BOARD OF ADJUSTMENT
APPLICATION FORM
REPRESENTATIVE PHONE
E-MAIL FAX _______
MAILING ADDRESS
PARCEL OWNER __PHONE
MAILING ADDRESS
LEGAL DESCRIPTION
SUBJECT PARCEL ADDRESS
PARCEL ID # __________
ZONE DISTRICT LOT SIZE __
(To be completed by Zoning staff)
Meeting Date:______________ Case #________________
Request:
_______ foot Front yard setback variance, where ____ feet is required.
_______ foot Rear yard setback variance, where ____ feet is required.
_______ foot __ Side yard setback variance, where ____ feet is required.
_______ foot __ Side yard setback variance, where ____ feet is required.
_______ foot Height variance, where ____ is allowed.
_______ foot Arterial Highway setback variance, where 200 feet is required.
_______ foot Major Road setback variance, where 100 feet is required.
_______ foot Collector Street setback variance, where 50 feet is required.
Comments:
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
Application material was referred to: _______________________________________________
Zoning Officer: __________________________________
Chris Bendon, BendonAdams 970.925.2855
chris@ bendonadams.com na
300 So. Spring Street #202; Aspen, CO 81611
The Emma Fields LLC
c/o Garfield & Hecht, P.C.; 625 E. Hyman Ave., Ste. 201; Aspen, CO 81611
Metes and Bounds; Pitkin County
50 Distillers Road; Basalt, Co 81621
2467-201-00-003
U 3
Exhibit 1
8 acres
(937) 416-0956
26
Site
- VICINITY MAP -
Not to Scale
- LEGEND -
2-10"
8"
11"
4"9"5"
6"
5"8"
9"
8"
19"
15"
12"
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8"
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8"
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6"3"6"6"
6"
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6"6"6"
8"8"5"
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6"6"6"
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6"6"
6"
6"
8"3"5"
15"
6"6"6"
6"
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6"
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18"18"
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3"3"4"
5"
5"
5"
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4"
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5"
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7"
7"
7"
7"
7"
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2"
2"2"
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Parcel B
348,527 Sq. Ft.±
8.001 Acres±
Zone A
Zone B
Zone C
Zone D
Approved:
Graphic Scale
In U.S. Feet : 1" = 40'
0 20 40 80
Title:
Existing
Conditions
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HS
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EmmaFields-ILC
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1Of :
--PLS:
Existing Conditions Map
Emma Fields LLC
A Parcel of land in Tract 55 Section 20 Township 8 South, Range 86
West of the 6th P.M.
Pitkin County, Colorado
Robert E. Brandeberry
Colorado PLS # 38388
For, and on behalf of SGM
8/3/2023
Exhibit 2
27
Exhibit 3
28
Land Title Guarantee Company
Customer Distribution
PREVENT FRAUD - Please remember to call a member of our closing team when
initiating a wire transfer or providing wiring instructions.
Order Number:Q62016170 Date: 04/26/2023
Property Address:50 DISTILLERS WAY, Basalt, CO 81621
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
For Closing Assistance For Title Assistance
Land Title Roaring Fork Valley Title
Team
533 E HOPKINS #102
ASPEN, CO 81611
(970) 927-0405 (Work)
(970) 925-0610 (Work Fax)
valleyresponse@ltgc.com
Seller/Owner
THE EMMA FIELDS, LLC, A COLORADO LIMITED
LIABILITY COMPANY
Delivered via: Electronic Mail
BENDONADAMS
Attention: ERIN WACKERLE
300 S SPRING STREET SUITE 202
Aspen, CO 81611
(406) 531-0806 (Cell)
(970) 925-2855 (Work)
erin@bendonadams.com
Delivered via: Electronic Mail
Exhibit 4
29
Land Title Guarantee Company
Estimate of Title Fees
Order Number:Q62016170 Date: 04/26/2023
Property Address:50 DISTILLERS WAY, Basalt, CO 81621
Parties:
THE EMMA FIELDS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
Visit Land Title's Website at www.ltgc.com for directions to any of our offices.
Estimate of Title insurance Fees
"TBD" Commitment $265.00
Total $265.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at
closing.
Thank you for your order!
Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants
conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of the effect of these documents on your
property.
Chain of Title Documents:
Pitkin county recorded 05/28/2021 under reception no.
677089
Pitkin county recorded 05/28/2021 under reception no.
677090
30
Property Address:
50 DISTILLERS WAY, Basalt, CO 81621
1.Effective Date:
04/14/2023 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
THE EMMA FIELDS, LLC, A COLORADO LIMITED LIABILITY COMPANY
5.The Land referred to in this Commitment is described as follows:
A PARCEL OF LAND SITUATED IN TRACT 55, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT ANGLE POINT NO. 4 OF TRACT 53;
THENCE S 25° 03'58" W 2229.86 FEET TO THE SOUTHEASTERLY CORNER OF HOLLAND HILLS
SUBDIVISION, AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BOOK 4 AT PAGE 252 OF THE
PITKIN COUNTY CLERK AND RECORDER'S OFFICE;
THENCE N 38° 55'03" E ALONG THE EASTERLY BOUNDARY LINE OF SAID SUBDIVISION A DISTANCE OF
26.26 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 82, THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY LINE N 38° 55'03" E A DISTANCE OF 444.61
FEET;
THENCE LEAVING SAID EASTERLY BOUNDARY LINE S 41° 52'17" E A DISTANCE OF 473.94 FEET;
THENCE S 43° 34'43" E A DISTANCE OF 247.58 FEET;
THENCE S 04° 06'01" W A DISTANCE OF 59.98 FEET;
THENCE S 39° 30'11" W A DISTANCE OF 25.41 FEET;
THENCE S 44° 23'49" E A DISTANCE OF 135.32 FEET TO A POINT ON THE WESTERLY LINE OF
RECEPTION NO. 376874;
THENCE S 39° 04'51" W ALONG SAID WESTERLY LINE A DISTANCE OF 322.37 FEET TO A POINT ON THE
NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 82 AS RECORDED IN RECEPTION NO. 418638;
THENCE LEAVING SAID WESTERLY LINE N 44° 27'09" W ALONG THE NORTHERLY RIGHT-OF-WAY OF
SAID STATE HIGHWAY 82 A DISTANCE OF 507.08 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N 48° 22'41" W A DISTANCE OF 377.48 FEET TO THE
POINT OF BEGINNING.
COUNTY OF PITKIN,
STATE OF COLORADO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62016170
31
Copyright 2006-2023 American Land Title Association. All rights reserved.
The use of this Form is restricted 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 Title Association.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:Q62016170
32
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: Q62016170
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
33
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
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 A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 13, 1959 IN BOOK 189 AT
PAGE 63.
9.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESERVATION OF AN UNDIVIDED ONE-
THIRD OF ALL OIL, GAS AND OTHER MINERALS IN THE SUBJECT LANDS, AS SET FORTH IN
INSTRUMENT RECORDED MARCH 17, 1959 IN BOOK 187 AT PAGE 94, AND ANY AND ALL
ASSIGNMENTS THEREOF.
10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY FOR RAILROAD PURPOSES
AS SET FORTH IN INSTRUMENTS RECORDED MARCH 29, 1888 IN BOOK 3 AT PAGE 309 AND
RECORDED JANUARY 28, 1916 IN BOOK 154 AT PAGE 402 AND RECORDED MAY 25, 1920 IN BOOK 156
AT PAGE 429.
11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RIGHT OF WAY FOR GAS LINE PURPOSES
AS SET FORTH IN RIGHT OF WAY AND EASEMENT RECORDED OCTOBER 19, 1961 IN BOOK 195 AT
PAGE 437.
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY FOR
ELECTRIC TRANSMISSION OR DISTRIBUTION LINE OR SYSTEM AS SET FORTH IN INSTRUMENT
RECORDED AUGUST 16, 1963 IN BOOK 203 AT PAGE 344, AS IT MAY AFFECT SUBJECT PROPERTY.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016170
34
13.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESERVATIONS AND MATTERS AS SET
FORTH IN WARRANTY DEED RECORDED MARCH 15, 1966 IN BOOK 219 AT PAGE 410 AND
CORRECTION DEED RECORDED SEPTEMBER 11, 1968 IN BOOK 236 AT PAGE 302.
14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY AS
GRANTED TO MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY INSTRUMENT RECORDED
OCTOBER 19, 1970 IN BOOK 251 AT PAGE 364.
15.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN PERMANENT EASEMENT
RECORDED JUNE 25, 1998 AS RECEPTION NO. 418636.
16.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS, NO. 083, SERIES OF 2005 RECORDED MAY 23, 2005 AS
RECEPTION NO. 510407.
17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF BOOHER/HIGH COUNTRY TREE GALLERIES BOUNDARY LINE ADJUSTMENT RECORDED AUGUST
20, 2004 IN BOOK 70 AT PAGE 39.
18.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS, NO. 126, SERIES OF 2006 RECORDED NOVEMBER 6, 2006 AS
RECEPTION NO. 530724.
19.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ADMINISTRATIVE DECISION FROM PITKIN
COUNTY COMMUNITY DEVELOPMENT, NO. 100, SERIES OF 2008 RECORDED OCTOBER 21, 2008 AS
RECEPTION NO. 553703.
20.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF CONTRACT FOR WATER ALLOTMENT
RECORDED APRIL 22, 2009 AS RECEPTION NO. 558179.
21.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF ACTIVITY ENVELOPE PLAN RECORDED APRIL 23, 2009 IN BOOK 90 AT PAGE 97.
22.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT AND RIGHT OF WAY AS SET
FORTH IN INSTRUMENT RECORDED OCTOBER 25, 2013 AS RECEPTION NO. 605043.
23.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENT RECORDED NOVEMBER 19,
2014 AS RECEPTION NO. 615490.
24.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. PZ-013-
2020 OF THE PLANNING AND ZONING COMMISSION OF PITKIN COUNTY RECORDED JULY 14, 2020 AS
RECEPTION NO. 665914.
25.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS, NO. 116, SERIES OF 2020 RECORDED JANUARY 26, 2021 AS
RECEPTION NO. 672910.
26.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN MEMORANDUM OF WATER
ALLOTMENT CONTRACT RECORDED MAY 28, 2021 AS RECEPTION NO. 677091.
27.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 035-2021
OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY RECORDED JUNE 23, 2021 AS
RECEPTION NO. 677978.
28.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN AGREEMENT REGARDING
OPERATIONS AND DEVELOPMENT AT EMMA FIELDS RECORDED JUNE 24, 2021 AS RECEPTION NO.
678007 AND RECORDED DECEMBER 27, 2021 AS RECEPTION NO. 683820.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016170
35
29.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN COVENANT FOR
CONSTRUCTION AND OCCUPANCY OF RESIDENTIAL UNITS RECORDED SEPTEMBER 23, 2021 AS
RECEPTION NO. 680818.
30.EASEMENTS, NOTES, RIGHTS OF WAY AND ALL MATTERS AS SHOWN ON EMMA FIELDS LLC ACTIVITY
ENVELOPE & SITE PLAN RECORDED SEPTEMBER 23, 2021 IN PLAT BOOK 131 AT PAGE 38.
31.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN HOLY CROSS ENERGY
UNDERGROUND RIGHT OF WAY EASEMENT RECORDED MAY 25, 2022 AS RECEPTION NO. 687833.
32.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND
VAULT AGREEMENT RECORDED MAY 25, 2022 AS RECEPTION NO. 687840.
33.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN RESOLUTION NO. 062-2022
OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY RECORDED AUGUST 25, 2022 AS
RECEPTION NO. 689847.
34.CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINES AND
THE FENCES AS DEPICTED ON THE SURVEY PREPARED BY SGM, JOB NO. 2020-190.001 WHETHER
SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS.
SAID DOCUMENT STORE AS OUR ESI 39294701
35.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
FOLLOWING FACTS SHOWN ON EXISTING CONDITIONS MAP CERTIFIED MARCH 19, 2020 PREPARED
BY SGM, JOB NO. 2020-190.001, OUR ESI 39294701:
TELEPHONE PED, GAS LINES, WATER LINES AND UNDERGROUND AND OVERHEAD ELECTRIC LINES
ENCROACHMENT OF LINE OF BOULDERS ONTO CDOT PERMANENT EASEMENT
ENCROACHMENT OF WOOD FRAME BARND AND 1 STORY SHOP ONTO 50' SETBACK
36.DEED OF TRUST DATED MAY 28, 2021 FROM THE EMMA FIELDS, LLC, A COLORADO LIMITED LIABILITY
COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CENTERBANK TO SECURE
THE SUM OF $2,000,000.00 RECORDED MAY 28, 2021 UNDER RECEPTION NO. 677092.
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED MAY 28, 2021,
UNDER RECEPTION NO. 677093.
37.DEED OF TRUST DATED OCTOBER 05, 2022 FROM THE EMMA FIELDS, LLC, A COLORADO LIMITED
LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CENTERBANK TO
SECURE THE SUM OF $5,000,000.00 RECORDED NOVEMBER 07, 2022 UNDER RECEPTION NO. 691388.
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED NOVEMBER
07, 2022, UNDER RECEPTION NO. 691389.
38.EXISTING LEASES AND TENANCIES.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: Q62016170
36
LAND TITLE GUARANTEE COMPANY
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
Note: Effective September 1, 1997, CRS 30-10-406 requires that 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 may refuse to record or file any document that does not conform, except that,
the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or
filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters
which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for
recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title
Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents
from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
The Subject real property may be located in a special taxing district.(A)
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in
which the real property is located or that county treasurer's authorized agent unless the proposed insured provides
written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real
property).
(B)
The 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.
(C)
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
(A)
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.
(B)
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and
material-men's liens.
(C)
The Company must receive payment of the appropriate premium.(D)
If there has been construction, improvements or major repairs undertaken on the property to be purchased within
six months prior to the Date of 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.
(E)
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the(A)
37
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 a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
38
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
39
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF
THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF
THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE
CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance
Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is
effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met
within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or
other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The
Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
i. comply with the Schedule B, Part I—Requirements;
ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a)
“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(b)
“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c)
“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(d)
“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e)
“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this
Commitment.
(f)
“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge.
(g)
“Title”: The estate or interest described in Schedule A.(h)
the Notice;(a)
the Commitment to Issue Policy;(b)
the Commitment Conditions;(c)
Schedule A;(d)
Schedule B, Part I—Requirements; and(e)
Schedule B, Part II—Exceptions; and(f)
a counter-signature by the Company or its issuing agent that may be in electronic form.(g)
The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed
Insured’s good faith reliance to:
(a)
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(b)
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(c)
The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(d)
The Company shall not be liable for the content of the Transaction Identification Data, if any.(e)
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements
have been met to the satisfaction of the Company.
(f)
In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g)
Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a)
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b)
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral,
express or implied, relating to the subject matter of this Commitment.
(c)
40
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted 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 Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
41
Site
- VICINITY MAP -
Not to Scale
- LEGEND -
2-10"
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2"2"
3"
Parcel B
348,527 Sq. Ft.±
8.001 Acres±
Zone A
Zone B
Zone C
Zone D
Approved:
Graphic Scale
In U.S. Feet : 1" = 40'
0 20 40 80
Title:
Existing
Conditions
Map
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Job No.
Drawn by:
Date:
File:
2020-190.001
HS
3/19/2020
REB
EmmaFields-ILC
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Existing Conditions Map
Emma Fields LLC
A Parcel of land in Tract 55 Section 20 Township 8 South, Range 86
West of the 6th P.M.
Pitkin County, Colorado
Robert E. Brandeberry
Colorado PLS # 38388
For, and on behalf of SGM
8/3/2023
Exhibit 5
42
SECTION A
scale: 1" = 20'
0
Graphic Scale
In U.S. Feet : 1" = 20'
0 10 20 40
40'
R
4
8
13
1
2
P
24
R4
8
13
1
2
P
24
R
4
8
1
3
1
2
P
2
4
R4
8
1
3
1
2
P
24
SITE SECTION AT FIRE TANKS WITH PRE-CONSTRUCTION GRADES
November 6, 2023
B
A
SECTION B
scale: 1" = 20'
P1
1
6765'P1
1
P1
1
6770' top of tank
6767'
6766'
6771.4' ground post
construction
berm
6771.2' ground post
construction
6772' top of lid
pre-construction grade
6775.4' bottom of
vent opening
P1
1
6776.1' top of vent
P1
1
P1
1
6765'P1
1
P1
1
6770' top of tank
6767'6766'
6770.7' ground post
construction
berm
6770.8' ground post
construction
6772' top of lid
pre-construction grade
6775.4' bottom of
vent opening
6776.1' top of vent
P1
1
6765'P1
1
P1
1
6770' top of tank
6767'
6766'
6771.4' ground post
construction
berm
6771.2' ground post
construction
6772' top of lid
pre-construction grade
6775.4' bottom of
vent opening
P1
1
6776.1' top of vent
P1
1
P1
1
6765'P1
1
P1
1
6770' top of tank
6767'6766'
6770.7' ground post
construction
berm
6770.8' ground post
construction
6772' top of lid
pre-construction grade
6775.4' bottom of
vent opening
6776.1' top of vent
Exhibit 6
43
PO Box 522, Salida, CO 81201
970.409.9082; dshaner@SHANERLIFESAFETY.COM
Date: 7/30/23
From: Deborah Shaner, P.E., Fire Protection Engineer
Re: Aspen Distillers, Water Supply
This is a summary of the design process for the site firefighting water supply at Aspen Distillers.
The water supply was designed in accordance with NFPA 1142, Standard on Water Supplies for
Suburban and Rural Fire Fighting.
The purpose of the water supply is to provide site firefighting water. In the absence of a
municipal water supply, NFPA 1142 was used as an alternate standard. This is very typical in
Colorado due to the many properties built outside of municipal water districts, in the wildland-
urban interface, or in resort areas, specifically on ski mountains. The water supply consists of
buried tanks and a dry hydrant for manual use by the responding fire department. This is not a
pressurized water supply. Water is lifted from the tanks through the dry hydrant using a fire
department pumper truck. Because there is no pressure in the system, the hydraulics must be
carefully calculated to ensure successful fire department operation.
The location of the tanks was changed during the design process based on input from Roaring
Fork Fire Department (RFFR). A timeline of this change is presented below. In determining the
tank location, various factors were considered. Of course, of utmost importance was ensuring
the hydraulics would work. RFFR provided design criteria through their “Dry Hydrant Packet”.
One of the crucial design specifications was the maximum 10’ of lift by the pumper truck. This
10’ is not just a vertical measurement; rather it represents a hydraulic lift maximum allowed in
the design of the system. Any horizontal runs must also be accounted for. Longer horizontal
runs will negatively impact the available hydraulic lift.
There was only one feasible location for the tanks given the required location of the dry
hydrant as well as the hydraulic design criteria for the system. Other factors included proximity
to buildings, locations of roads, detention ponds and other site features, proximity to the fire
department truck parking location, clearance from the gate swing and clearance from site
access.
The design effort employed several design professionals including fire protection, civil,
mechanical/pluming, architectural, as well as input from ownership and the general contractor.
After multiple meetings and design iterations, the tank location was determined, and a
submittal package was prepared. To prove the hydraulic validity of the design, multiple
Exhibit 7
44
calculations were performed using the Darcy-Weisbach formula, Hazen-Williams equation and
the Moody diagram. These calculations are available for review if requested. The horizontal
run from the tank to the dry hydrant was quite limited given site conditions and friction loss
factors. A successful design was achieved and the system has been installed and tested.
Timeline of design process: The following outlines the timeline specifically with regard to the
tank location change.
Initially, the location of the tanks on the northern side of the site was designed with the
direct involvement of Roaring Fork Fire under the guidance of Frank Rudecoff. The design was
fully developed by the civil design team at that location in the preparation of the permit
document set. The location and concept met the department's specific criteria regarding truck
parking/pull out and dry hydrant height.
Frank Rudecoff who provided the guidance from Roaring Fork Fire retired. John Mele, RFFR Fire
Marshal, took over review of the project. When the building permit set was sent out by the
county for review, RFFR disapproved of the location of the fire tanks and the dry
hydrant. Under the direction of John Mele, the design was redeveloped to meet the new
requirements from RFFR.
Approximate milestone dates during the process:
March 2021: Matt and Deborah met with Brook Stott and Frank Rudecoff from Roaring Fork
Fire Department. This was an initial meeting to introduce them to the site and gather
information about their expectations and requirements. At this meeting we presented the site
plan with the storage tanks and a dry hydrant on the north side of the site, behind the Distillery.
Frank expressed support for the design at this meeting. We indicated the details would be
presented in the forthcoming Building Permit package.
The design process continued. The site plan was altered but the water supply was not moved.
The building permit package was submitted. RFFR was part of the reviewing team for the
county.
January 2022: John Mele reaches out to me to express his concern for the water supply location
shown in the building permit package. He indicated this was the first he had seen the project –
and that is because he took over review of this project after Frank Rudecoff retired somewhat
abruptly. Deborah sent an email to the team outlining the problem. John indicated that he was
going to approve the first permit (Residence #1 I believe) but he would be putting resolution of
water supply/dry hydrant location as a condition.
The design team completes redesign of the water supply. This included multiple meetings with
various disciplines including Fire Protection, MEP, Civil, Architectural, Owner, GC. Tank
locations were reviewed and one option was deemed not feasible by the plumbing engineer
45
because the hydraulics would not work. The new location provided a compliant fire department
response area and was hydraulically feasible.
April 2022: Redesigned water supply is submitted to John Mele for his approval.
Building permits are issued and include sign-off from RFFR.
46
SUMMARY OF LIFE SAFETY REPORT
Note: This summary is for the buildings as constructed. The design of the Rickhouse as an H-3
occupancy was included in the original building permit set, but was changed to an S-1 in an addendum.
Overview
The Aspen Dis�llers complex consists of mul�ple buildings on a single site. The overall fire protec�on
and life safety plan employs prescrip�ve requirements of applicable codes and standards as well as
elements of performance-based design due to the unique nature of this facility.
Applicable codes and standards used in this design are:
·2015 Interna�onal Building Code (IBC)
·2015 Interna�onal Fire Code (IFC)
·2015 Interna�onal Mechanical Code (IMC)
·2015 Interna�onal Residen�al Code (IRC)
·2020 Na�onal Electrical Code (NEC), NFPA 70
·2019 NFPA 72, Na�onal Fire Alarm and Signaling Code
·Recommended Fire Protec�on Prac�ces for Dis�lled Spirits Beverage Facili�es, Dis�lled Spirits
Council of the United States, Inc (DISCUS)
·2017 NFPA 497 Recommended Prac�ce for the Classifica�on of Flammable Liquids, Gases, or
Vapors and of Hazardous (Classified) Loca�ons for Electrical Installa�ons in Chemical Process Areas
·2017 NFPA 1142 Standard on Water Supplies for Suburban and Rural Fire Figh�ng
Building Summary
Building A: Dis�llery Building
Square Footage: 4055 �2
Approximate Volume (used in NFPA 1142 calcula�on): 92,840 �3
Occupancy Classifica�on: F-1 (IBC 306.1)
Construc�on Type: Type VB (IBC 602.5)
Fire Protec�on: Not-sprinklered, F-1 occupancy under 5000 �2 with hazardous materials under the
maximum allowable quan�ty (MAQ)
Hazardous Materials MAQ: 240 gallons total maximum of Class 1B/1C flammable liquid (IBC Table
307.1(1))
Hazardous Materials Actual = 112 gallons of high proof spirits produced per day, closed system
Hazardous Materials Configura�on: 2 control areas separated by 1-hour construc�on (IBC 414.2)
Building B: Rickhouse Building
Square Footage: 4065 �2
Approximate Volume (used in NFPA 1142 calcula�on): 82,800 �3
Note - This document is a summary of
life/safety building code parameters for
the Emma Fields distillery project
provided by Deborah Shaner, P.E.,
Fire Protection Engineer
Exhibit 7.1
47
Occupancy Classifica�on: S-1 (IBC 311.2)
Construc�on Type: Type VB (IBC 602.5)
Fire Protec�on: Not-Sprinklered, S-1 occupancy under 5000 �2 with hazardous materials under the
maximum allowable quan�ty (MAQ)
Storage Configura�on: Low piled storage with no hazardous materials over MAQ.
Note: The Rickhouse was originally permited as an H-3 occupancy with fire suppression. Victaulic
Vortex was the proposed suppression system. The building permit was revised to change the use to an
S-1. If hazardous materials over the MAQ are to be present, the building may be constructed under the
original design criteria for the H-3 use.
Building C: Headquarters Building
Square Footage: 1759 �2
Occupancy Classifica�on: A-2 (IBC 303.3)
Construc�on Type: Type VB (IBC 602.5)
Fire Protec�on: Not Sprinklered, A-2 occupancy under 100 occupants
Notes: This building does not have any fire alarm or fire protec�on requirements based on the occupant
load and occupancy classifica�on. Fire protec�on systems are only required in A-2 occupancies over 100
occupants. Fire alarm systems are only required in A occupancies over 300 occupants.
Building D: Pumphouse
Square Footage: 795 �2
Occupancy Classifica�on: U
Construc�on Type: Type VB (IBC 602.5)
Fire Protec�on: Not Sprinklered (IBC 312.1)
Notes: This building does not have any fire alarm or fire protec�on requirements based on the occupant
load and occupancy classifica�on.
Buildings E, F & G: Residences
These buildings are constructed under the IRC. The buildings are not sprinklered as allowed by Pitkin
County Amendments to the IRC.
Fire Suppression
Rickhouse: No sprinklers required. This building is an S-1 occupancy under 5000 �2.
Dis�llery: The Dis�llery Building is an F-1 occupancy under 5000 square feet. It does not require a fire
sprinkler system. Quan��es of hazardous materials are under the MAQ as defined by the IBC.
48
Headquarters Building: No sprinklers required.
Residences: No sprinklers required
Fire Alarm
Dis�llery
The Dis�llery is ou�ited with a fire alarm system with the following features:
· Addressable fire alarm control panel
· Smoke and heat detec�on throughout
· Manual pull sta�ons at exits
· Occupant no�fica�on through horns and strobes
· Monitoring of ethanol detec�on system
· Emergency Alarm System
This is a non-required fire alarm system and is provided for enhanced life safety.
Water Supply
Fire Protec�on Site Water is provide in accordance with NFPA 1142.
NFPA 1142 Calcula�on
NFPA 1142 calcula�ons are based on 1) volume of building, 2) construc�on type and 3) occupancy
classifica�on. Using formulas in NFPA 1142 the following storage is required. Note that the calcula�ons
accounted for exposure hazard.
Rickhouse, unsprinklered = 30,915 gallons
Dis�llery, unsprinklered = 35,000 gallons
Cisterns storing 36,000 gallons of water with a dry hydrant are installed on site in a loca�on approved by
Roaring Fork Fire Rescue.
Addi�onal Life Safety Features
The following outlines addi�onal life safety features provided in the Dis�llery:
1. Lightning protec�on.
2. Ethanol detec�on. The fire alarm system will monitor for alarm condi�ons and ac�va�on of the
Emergency Alarm System.
3. Mechanical ven�la�on to keep concentra�on of vapors in the air at or below 25% of the LFL.
Ven�la�on will be approximately 1 cfm/sq. � and �ed to the ethanol detec�on system. Refer to
the Mechanical Drawings for details on this system.
4. Emergency shutoff on Dis�lling equipment in accordance with DISCUS and manufacturer
recommenda�ons.
49
Deborah L. Shaner, P.E, Fire Protection Engineer
Shaner Life Safety
Phone: (970) 409-9082; Email: dshaner@shanerlifesafety.com
Professional Registrations:
Colorado Registered Professional Engineer, #35233, Fire Protection
Nebraska Registered Professional Engineer, #E-14033, Fire Protection
Nevada Registered Professional Engineer, # 025243, Fire Protection
New Mexico Registered Professional Engineer, #21028, Fire Protection
Utah Registered Professional Engineer, #10591337-2202, Fire Protection
Wyoming Registered Professional Engineer, #9382, Fire Protection
Education:
Masters Degree in Fire Protection Engineering, University of Maryland, 1997
Bachelors Degree in Civil Engineering, Colorado School of Mines, 1996
Professional Service/Code Committees:
NFPA 72, Public Emergency Reporting Systems Code Committee, 2014-present
NFPA 1141/1142/1144, Wildland and Rural Fire Protection Code Committee, 2014-present
NFPA 101, Life Safety Code, Health Care Section Committee, 2019-present
Automatic Fire Alarm Association Board of Directors, 2018-2022
SFPE Foundation, Board of Governors, 2017-2019
Professional Skills:
Design of fire alarm and detection systems (to shop drawing level)
General design and specification of fire protection systems
Development of Emergency Action & Evacuation plans
Fire Protection & Life Safety Code consulting
Hazardous material analysis
Knowledge of ICC codes & NFPA Standards
Experience working with various Jurisdictional Authorities
Representative Projects:
Denver Water Northwater Treatment Plant, Colorado
Nevada National Security Site, Nevada
Minot Air Force Base, 2-Bay B52 Maintenance Dock, Minot, North Dakota
VA Medical Centers, Sheridan & Cheyenne (WY), Grand Junction (CO), Ft Meade (SD), Oklahoma City (OK)
Mesa County School District, SD51, Grand Junction, Colorado
Summit School District, Summit County, Colorado
Denver Public Schools, Denver, Colorado
University of Wyoming, Laramie, Wyoming
Steamboat Springs Combined Law Enforcement Building, Steamboat Springs, Colorado
Roaring Fork Fire Rescue Station 45, Snowmass Village, Colorado
McGregor Square, Colorado Rockies West Lot, Denver, Colorado
Snowmass Base Village, Snowmass Village, Colorado
Marriott Residence Inn, Breckenridge, Colorado
Lost Spirits Distillery, Las Vegas, NV
Circa Resort & Casino, Las Vegas, NV
Exhibit 7.2
50
3198 Speer Boulevard
Denver Colorado 80211
303 294 9448
Fax 303 294 0762
www.amdarchitects.com
T:\20-007_EMMA_FIELDS_DISTILLERY\02-CORRESPONDENCE\MEMO\2023-08-07_ASPEN DISTILLERS
FIREFIGHTING WATER TANKS.DOCX
MEMORANDUM
Date: August 7, 2023
Project #: 20-007
Project: Aspen Distillers aka Emma Fields Distillery
To: Mary Elizabeth Geiger, Garfield & Hecht, P.C.
From: Luc Bamberger, AIA
Subject: Firefight Water Tank Location
Distribution: Matthew Patel, Chris Bandon, Garrett Bowling, Deborah Shaner, file
Dear Ms. Geiger,
This memo represents a summary of the decisions made by the design team to relocate
the dry hydrant and associated firefighting water tanks on the Aspen Distillers property.
The key members of the design team responsible for this design are as follows:
Luc Bamberger, AIA - Anderson Mason Dale Architects - Project Manager
Deborah Shaner, P.E. - Shaner Life Safety - Fire Protection Engineer
Garrett Bowling, P.E. - Bighorn Consulting Engineers - Plumbing Engineering
These team members were involved with the project from the very beginning and were
essential throughout both the design of the permit set drawings and the revisions following,
including the move of the dry hydrant. Ms. Shaner was the fire protection engineer and the
primary point of contact with Roaring Fork Fire Rescue (RFFR). Mr. Bowling served as
both the mechanical and plumbing engineer on the project and provided the hydraulic
calculations for the dry hydrant design.
In January of 2022, John Mele with RFFR rejected the location of the dry hydrant that was
presented in the permit drawing set due to the necessity for firefighters to pass by and
between potentially engaged buildings and mandated a new location that would meet the
requirements of RFFR just inside the front gate where there was sufficient room for both
firetruck parking and drafting. The original hydrant location presented in the permit set was
developed in close consultation with Frank Rudecoff of RFFR over the previous two plus
years, and the current site plan was based on these early conversations with Mr. Rudecoff
and received conditional approval from him during the special review use application to the
Board of County Commissioners (BOCC) in 2020.
Several options were considered by the design team for tank locations as described below:
1. The option of keeping the tanks where originally designed adjacent to the
Pumphouse was quickly ruled out by the team because the elevation of the dry
hydrant at the original location by the pump house is 6763.5’ and the elevation of
the new hydrant by the front entrance is a foot higher at 6764.5’. Because dry
hydrants are primarily gravity fed and rely on the limited drafting ability of the fire
trucks, it would be impossible to make the hydraulics work in this location (see
Figures 1 and 2 below).
Exhibit 8
51
MEMORANDUM
August 7, 2023
Page 2
2. The team then looked at areas of the site higher in elevation from the new dry
hydrant location, which are located along the northeast corner of the site. Per the
private covenants with the neighbor, this entire portion of the site is required to
have large trees planted which you cannot do over water tanks. With only one to
two feet of top soil over the tanks there is simply not enough depth to plant and
sustain trees of this size. For this reason, this entire area was quicky ruled out for
locating the tanks (see Figure 3 below).
3. The design team also looked at locating the tanks under the front drive and the
firetruck pullout. This was also quickly ruled out because the tanks are not traffic
rated and they would have to be buried well below the maximum drafting depth of
10’ stipulated in the RFFR dry hydrant design packet.
4. The only other option was to locate the tanks as close as possible to the new dry
hydrant location and just off the driveway. This is the location where the tanks are
currently located. After extensive analysis and engineering calculations by the
plumbing engineer, this location was deemed feasible to meet the hydraulic criteria
required by RFFR.
Figure 1: Previous Dry Hydrant Location include in Permit Set
52
MEMORANDUM
August 7, 2023
Page 3
Figure 2: Current Dry Hydrant Location as Approved by RFFR
53
MEMORANDUM
August 7, 2023
Page 4
Figure 3: Areas Uphill of Dry Hydrant Planted with Covenant Required Trees
It is important to note that when this issue was brought to our attention, the site plan had
already been approved by the BOCC and recorded in the private covenants with the
neighbor. The current location for the fire tanks was the only possible place for the tanks
without reconfiguring the entire site plan which at this stage would have been detrimental
to the project. The design team spent many hours developing the current solution and on-
site testing by RFFR this spring confirmed the design was successful and met all RFFR
requirements.
Please let me know if you have any questions.
Sincerely,
Luc Bamberger, AIA
54
T
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CDOT Access and
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Rec. No. 615490
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CLEANOUT
INV OUT = 6757.80
SEPTIC TANKINV OUT = 6755.60
N3
8
°
5
5
'
0
3
"
E
44
4
.
6
1
'
S41°52'17"E
473.94'S43°34'43"E
247.58'
S
4
°
0
6
'
0
1
"
W
5
9
.
9
8
'
S39°30'11"W
25.41'
S44°23'49"E
135.32'
S3
9
°
0
4
'
5
1
"
W
32
2
.
3
7
'
N44°27'09"W
507.08'
N48°22'41"W
377.48'
10' WIDE ELEC
T
R
I
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E
A
S
E
M
E
N
T
REC. NO. 605043
12"
ADS
12" CMP
6775
677
4
6773
677
2
6771
6770
6770 6770
67
7
5
6775
6774
6773
6775
6
7
7
0
6765
6765
6
7
6
5
67
6
5
6765
6
7
6
5
6
7
6
0
6760
6765
675
6
6
7
6
5
6
7
6
0
6
7
5
5
67
6
0
67
6
0
676
5
6770
67
5
5
67
5
5
6760
676
5
6
7
5
5
6755
6760
6
7
5
0
6750
6755
6755
67606755
6760 67
6
0
6760
6760
6750
674567
4
5
6
7
5
0
6
7
5
0
6
7
5
5
67
5
5
6
7
6
0
6
7
6
0
67
6
5
6
7
6
5
6765
6780
6750
67
6
0
676
0
6755
67
7
0
6770
6770
6
7
7
0
6770
676
5
67
6
5
676 0
6765
6768
676
5
6
765 6
7
5
5
6765
6
7
6
0
6
7
6
0
676
0
67
6
6
6
7
6
8
6
7
7
2
6768
6766
676
4
6772
6774
677
5
6768
6
7
6
4
676 8
6
7
6
2
6
7
6
2
6760
6
7
6
2
6
7
6
0
6
7
5
5
6750
6755 6760
67606750
67
7
5
676 4
676
4
67
6
6
67
6
4
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6
7
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5
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6
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8
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BIO-1
ELEV=6759.92
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6
6
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5
C-305 C-304
C-303 C-301
C-302
ASI-04
Areas along driveway for a dry
hydrant that would require a
firetruck to drive past a burning
building
A
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CDOT Access and
Utility Easement
Rec. No. 615490
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4
1
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6
3
6
CLEANOUT
INV OUT = 6757.80
SEPTIC TANK
INV OUT = 6755.60
N3
8
°
5
5
'
0
3
"
E
44
4
.
6
1
'
S41°52'17"E
473.94'S43°34'43"E
247.58'
S
4
°
0
6
'
0
1
"
W
5
9
.
9
8
'
S39°30'11"W
25.41'
S44°23'49"E
135.32'
S3
9
°
0
4
'
5
1
"
W
32
2
.
3
7
'
N44°27'09"W
507.08'
N48°22'41"W
377.48'
10' WIDE ELEC
T
R
I
C
E
A
S
E
M
E
N
T
REC. NO. 605043
12"
ADS
12" CMP
6775
677
4
6773
677
2
6771
6770
6770 6770
677
5
6775
6774
6773
6775
6
7
7
0
6765
6765
6
7
6
5
67
6
5
6765
6
7
6
5
6
7
6
0
6760
6765
675
6
67
6
5
6
7
6
0
6
7
5
5
67
6
0
67
6
0
676
5
6770
67
5
5
67
5
5
6760
676
5
6
7
5
5
6755
6760
6
7
5
0
6750
6755
6755
67606755
6760 67
6
0
6760
6760
6750
674567
4
5
6
7
5
0
6
7
5
0
6
7
5
5
67
5
5
6
7
6
0
6
7
6
0
67
6
5
6
7
6
5
6765
6780
6750
67
6
0
676
0
6755
67
7
0
6770
6770
6
7
7
0
6770
676
5
67
6
5
676 0
6765
6768
6765
6765 6
7
5
5
6765
6
7
6
0
67
6
0
676
0
67
6
6
6
7
6
8
6
7
7
2
6768
6766
676
4
6772
6774
677
5
6768
6
7
6
4
676 8
6
7
6
2
67
6
2
6760
6
7
6
2
6
7
6
0
6
7
5
5
6750
6755 6760
67606750
67
7
5
676 4
676
4
67
6
6
67
6
4
BUI
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H
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F
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6
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4
.
5
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2
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=
6
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BI
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B
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8
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BIO-1
ELEV=6759.92
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S
F
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4
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=
6
7
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C-305 C-304
C-303 C-301
C-302
ASI-04
Area too low for fire tanks to
provide sufficient water flow
to dry hydrant
B
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Rec. No. 615490
C
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1
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3
6
CLEANOUT
INV OUT = 6757.80
SEPTIC TANK
INV OUT = 6755.60
N3
8
°
5
5
'
0
3
"
E
44
4
.
6
1
'
S41°52'17"E
473.94'S43°34'43"E
247.58'S
4
°
0
6
'
0
1
"
W
5
9
.
9
8
'
S39°30'11"W
25.41'
S44°23'49"E
135.32'
S3
9
°
0
4
'
5
1
"
W
32
2
.
3
7
'
N44°27'09"W
507.08'
N48°22'41"W
377.48'
10' WIDE ELECT
R
I
C
E
A
S
E
M
E
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T
REC. NO. 6050
4
3
12"
ADS
12" CMP
6775
6774
6773
6772
6771
6770
6770 6770
677
5
6775
6774
6773
6775
6
7
7
0
6765
6765
6
7
6
5
67
6
5
6765
6
7
6
5
6
7
6
0
6760
6765
675
6
67
6
5
6
7
6
0
6
7
5
5
67
6
0
67
6
0
676
5
6770
67
5
5
67
5
5
6760
6765
6
7
5
5
6755
6760
6
7
5
0
6750
6755
6755
6760
6755
6760 67
6
0
6760
6760
6750
674567
4
5
67
5
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6
7
5
0
6
7
5
5
67
5
5
6
7
6
0
6
7
6
0
67
6
5
6
7
6
5
6765
6780
6750
67
6
0
6760
6755
6
7
7
0
6770
6770
6
7
7
0
6770
676
5
67
6
5
676 0
6765
6768
6765
6765 6
7
5
5
6765
6
7
6
0
67
6
0
6760
67
6
6
6
7
6
8
6
7
7
2
6768
6766
676
4
6772
6774
677
5
6768
6
7
6
4
676 8
67
6
2
67
6
2
6760
67
6
2
6
7
6
0
6
7
5
5
6750
6755 6760
67606750
67
7
5
6764
676
4
67
6
6
67
6
4
BUI
L
D
I
N
G
B
RIC
K
H
O
U
S
E
435
0
S
F
FFE
=
6
7
6
4
.
5
0
BI
O
-
2
EL
E
V
=
6
7
6
0
.
8
2
BI
O
-
3
B
O
T
T
O
M
=
6
7
5
8
.
8
0
BIO-1
ELEV=6759.92
BUI
L
D
I
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A
DIST
I
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L
E
R
Y
435
0
S
F
FFE
=
6
7
6
4
.
8
8
BU
I
L
D
I
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G
C
HQ
20
0
0
S
F
ELE
V
=
6
7
6
4
.
5
H
O
A
G
L
U
N
D
R
A
N
C
H
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O
A
D
BUI
L
D
I
N
G
D
PUM
P
H
O
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E
875
S
F
ELEV
=
6
7
6
3
.
6
6
BUI
L
D
I
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G
E
FFE=
6
7
7
0
.
7
1
B
U
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G
F
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2
.
5
BUIL
D
I
N
G
G
FFE=
6
7
7
2
.
5
C-305 C-304
C-303 C-301
C-302
ASI-04
Area too far for fire tanks from
dry hydrant to overcome friction
loss in pipes
C
T
i
e
S
2
5
°
0
3
'
5
8
"
W
2
2
2
9
.
8
6
'
R
o
a
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i
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g
F
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p
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N
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.
6
0
5
6
6
4
CDOT Access and
Utility Easement
Rec. No. 615490
C
D
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R
o
a
d
E
a
s
e
m
e
n
t
R
e
c
.
N
o
,
4
1
8
6
3
6
CLEANOUTINV OUT = 6757.80
SEPTIC TANK
INV OUT = 6755.60
N3
8
°
5
5
'
0
3
"
E
44
4
.
6
1
'
S41°52'17"E
473.94'S43°34'43"E
247.58'S
4
°
0
6
'
0
1
"
W
5
9
.
9
8
'
S39°30'11"W
25.41'
S44°23'49"E
135.32'
S3
9
°
0
4
'
5
1
"
W
32
2
.
3
7
'
N44°27'09"W
507.08'
N48°22'41"W
377.48'
10' WIDE ELECT
R
I
C
E
A
S
E
M
E
N
T
REC. NO. 6050
4
3
12"
ADS
12" CMP
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6774
6773
677
2
6771
6770
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5
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C-305 C-304
C-303 C-301
C-302
ASI-04
All areas of the property required by
the agreement with the neighbor to
be heavily planted with trees
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Rec. No. 615490
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4
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"
W
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C-305 C-304
C-303 C-301
C-302
ASI-04
Areas under driveways and
structures that would result
in tank failure
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Potential dry hydrant locations adjacent to driveway
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C-305 C-304
C-303 C-301
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ASI-04
Exhibit 8.1
55
Exhibit 9
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
Exhibit 10
71
72
Exhibit 11
73
Pitkin County Mailing List of 300 Feet Radius
Pitkin County GIS presents the information and data on this web
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ensure that the information and data contained in this electronic
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This document contains a Mailing List formatted to be
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sheet. Print actual size.
From Parcel: 246720100003 on 11/06/2023
Instructions:
Disclaimer:
http://www.pitkinmapsandmore.com
Exhibit 12
74
182 HOAGLUND RANCH LLC
LOS ANGELES, CA 90066
3507 INGLEWOOD BLVD
24850 HWY 82 LLC
JANESVILLE, WI 535470117
PO BOX 117
ASPEN VALLEY LLC
COLORADO SPRINGS, CO 80903
417 E KIOWA ST #1202
BAUM DAVID S LIVING TRUST
JANESVILLE , WI 53547
PO BOX 117
CHILSON HOWARD C
ASPEN, CO 81612
PO BOX 3764
COFFEEN COLORADO FAMILY TRUST
DALLAS , TX 75209
3902 FAIRFAX AVE
COLLIAS GUS
BASALT, CO 81621
145 HOAGLUND RANCH RD #11
FARIZEL SARAH
BASALT, CO 81621
34 EDDIE LN #1
GARRISON JAMES & KATHERINE FMLY TRST
MANHATTAN BEACH, CA 90266
880 6TH ST
GISSLER GREGORY C
BASALT , CO 81621
150 HOAGLUND RANCH RD
HOAGLUND LOT 10 CONDO ASSOC
BASALT, CO 81621
COMMON AREA
140 HOAGLUND RANCH RD
HOAGLUND RANCH LOTS 1 & 2 ASSOC
BASALT, CO 81621
12 MIDLAND AVE #2270
HOAGLUND RANCH PUD OWNERS ASSOC
BASALT, CO 81621
PO BOX 3834
KOPP MICHAEL B & RACHEL H
BASALT, CO 81621
142 HOLLAND HILLS RD
KYLE DARCY
BASALT, CO 816216707
39 EDDIE LN
LOT 7 HOAGLUND HISTORIC RANCH ASSOC
BASALT, CO 81621
PO BOX 3348
MCCLINTON MICHELE
BASALT, CO 81621
54 EDDIE LN
MURISON MICHAEL S
BASALT, CO 81621
24 EDDIE LN
OLSEN CHARLES R REV TRUST
LEAWOOD, KS 66206
3500 W 102 ST
ORBEN ROGER W II & LYNN
BASALT, CO 81621
PO BOX 2317
PITKIN COUNTY
ASPEN, CO 81611
530 E MAIN ST #301
RAPKIN MITZI JILL
ASPEN, CO 81612
PO BOX 3374
RICHARDS EDWARD A JR & PATSY S
BASALT, CO 81621
32 NATHAN LN
ROARING FORK CLUB LLC
BASALT, CO 81621
100 ARBANEY RANCH RD
ROARING FORK MEADOWS OWNERS ASSOC INC
HOUSTON, TX 77007
55 WAUGH DR #1111
ROARING FORK TRANSIT AUTHORITY
CARBONDALE, CO 81623
0766 INDUSTRY PL
ROARING LLC
WEST DES MOINES, IA 50266
5465 MILLS CIVIC PKWY #400
SCULCO DAWN & MARK
BASALT, CO 81621
62 HOLLAND HILLS RD
SIMON LUDOVIC
BASALT, CO 81621
34 EDDIE LN #1
SKLAR ETHAN
BASALT, CO 81621
36 EDDIE LN
75
UTZ DIANE & RANDY
BASALT , CO 81621
12 MIDLAND AVE
WEBB GERALD D
LOS ANGELES, CA 90064
10630 ESTHER AVE
76
RESOLUTION Or THE PITKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT -
l
GRANTING .ARTERIAL HIGHWAY AND FRONT YARD SETBACK VARIANCES
AS.WELL AS NUMEROUS HEIGHT VARIANCES
FORA FIRE SUI>PRESSION SYSTEM
Resolution No. 09-2023
WIMREAS, Emma -Fields, LLC, owner of 50 Distillers Way, Basalt, CO 81621 is requesting the
variances described in. `Txhibit A' to allow for a berm that is over 4 feet in height within required
road and yard setbacks and for a fire suppression system that includes four buried tanks and their
associatedabove grotuudimprovements; and
WIIEREAS, the lot is legally described in. Exhibit B; and
WFIEREAS`:thelot contains '8.01.acres and is located within the U Zone District; and
WEIEREAS;:thb Board,of Adjustmentis vested with the power to grant or deny such variances by
virtue of Section 2 :1'0 30(d) of the Pitkin County Land Use Code; and,
WHEREAS,.based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, have been
shownsby;the. Applicaut.
2. The reluhedhaidship or.praotical difficulty has been established.
3. Grantingsueh.-reliefwill not cause substantial detriment to the public goad and will not
substantially impair the intent and purpose of Piticiri County's Comprehensive Plan, and the
Pitkin Coumty:Land Use Code.
NOW, TMREFORL+, BE IT RESOLVED by the Board of Adjustment that the variances described
in "ExhibifeW' begranted for.ihe fire suppression system sbown in Exhibits C and D and as
presented iri the.:appl .catioru due to practical difficulties.
WARNING:, Anyviolatioii ofthe terns of this resolution may result in rehearing and possible
revocation.
The Resolution.was:adopted by vote of the Board of Adjustment of the County of Piddii, State of
Colorado.'
DATED: "October 10, 2023
ATTEST:
Jan-18-2024
Joanna S. Schaffner, Date
Pitkin County Planner
Parcel IDN 246720100003
PBOA.1622.2023
K& Rt4 Jan-18-2024
Rick Head, Date
Chair, Board ofAdiustrnent
I IIIIII (IIII IIII I IIIII IIIII IIII) (IIII (III II I III IIIII IIII) IIIII IIIIIII I I IIII
RECEPTION#: 700068, R: $0.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 5, 01/22/2024 at 02:06:54 PM
Ingrid K. Grueter, Pitkin County, CO 77
Resolution No. IN&_ t;fl ZIJZ:
Page 3
EXHIBIT A"
REQUESTED VARIANCES:
LA 52-foot Arterial Highway setback variance to allow subgrade fire suppression water tank structures,
and associated-vents,.lids, and soil cover, to:be placed 48 feet from State Highway 82, where 100 feet is
required, representing a 52-foot variance.
2. A 12-foot Front Yard setback variance to allow subgrade fire suppression water tank structures, and
associated vents, lids, and soil cover; to be placed 38 feet from Hoaglund Ranch Road, where 50 feet is
required, representing.a 12:foot variance.
3. A 22-inch` Height variance, measured'aboveaccepted pre -development topography, to allow site
grading within:the setback to accommodate subgrade fire suppression water tank structures and soil cover
to be placed,ata Height of.52 inches above the accepted pre -development topography where a maximum
site grading Height of30 inches is allowed, representing a 22-inch variance for site grading in the
setback.
4. A 4-inch height variance, measured above accepted pre -development topography, to allow a berm
within the setback -to accommodate.a subgrade fire suppression water tank structure and soil cover to be
placed at a Height of 52 inches above the accepted {redevelopment topography where a maximum berm
Height of48:inchesis allowed, representing a 4-inch variance for a berm in the setback.
5. A 16-ineh.Heightvariance measured above finished topography, to allow tank collars and tank lids
associated with subgrade fire suppression water tank structures located within setback areas.
6. A 38-inch Height variance, measured above finished topography, to allow tank vents associated with
subgrade fire suppression water tank structures located within setback areas.
78
ResoluflonNo. CKI CO
Page 2
Exhibit B
PROPERTY LEGAL DESCRIPTION:
Tract: 55 Township: 8 Range: 86 A PARCEL OF LAND SITUATED IN TRACT 55, TOWNSHIP 8 S,
RANGE 86'W OF THE 6TH PM, DESCRIBED AS FOLLOWS: COMMENCING AT ANGLE PT #4
OF TRACT 53; THENCE S 25°03'58" W 2229 86 FT TO THE SETLY CORNER OF HOLLAND
HILLS SUB, AS SHOWN ON THE PLAT THEREOF RECORDED IN PLAT BK 4 PG 252 OF THE
PITKIN CNTY CLERK & RECORDERS OFFICE; TH OF 59.98 FT; THENCE S 39-30'11" W A
DISTANCE OF 25.41 FT THENCE S 44023'49" A DISTANCE OF 135.32 FT TO A PT ON THE
WTLY LINE OF REC 11376874; THENCE S 39-04151" W ALONG SAID WTLY LINE A DISTANCE
OF 322.37 FT -TO APT ONTHE 'NT H Y ROW OF STATE HWY 82 AS RECORDED IN REC 418638;
TIMNCE LEAVING'SAID WTLY LINE N 44°27'09" W ALONG THE NTHLY ROW OF SAID
STATE IIWY 82 A DISTANCE OF 377.48.FEET TO THE POINT OF BEGINNING.
79
V
Exhibit C
SECTION A
scale: 1"-20'
SECTIONS
scaled-=20'
d i/CF'"t".
0
80
0x,bA -t)
The location of the hydrant and
water tank system is shown on
the map to the right
81