HomeMy WebLinkAboutbocc.res.023.2000 IIIIII IIIII IIIIII IIIII IIII illllll IIIII III 11111 IIII IIII
442394 04/17/2000 03:50P RESOLUTI DAVIS SILVI
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RESOLUTION OF THE PITIINN COUNTY BOARD OF COUNTY COMMISSIONERS
REGARDING AN AGREEMENT BETWEEN THE BOARD AND THE OWNER OF
PARCEL 32, SOPRIS MOUNTAIN RANCH
Resolution - 2000
Recitals
1. A residence was constructed on Parcel 32 of the Sopris Mountain Ranch (Legal
Description - attached as Attachment A)which breaks the ridgeline as viewed from the
West Sopris Creek Road.
2. A Building Permit was issued in error for the residence.
3. The residence breaks the ridgeline which is prohibited by Condition No. 8 of Resolution
No. 91-17 of Board of County Commissioners of Pitkin County, Colorado ("BOCC").
4. Because the intrusion was not an intentional violation of said Condition No. 8, the BOCC
directed staff of the Pitkin County Community Development Department to work with
Margaret Woods, the Owner of Parcel 32 ("Woods") and her representatives to reduce the
visual impacts of the residence to the extent possible.
NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that the Notice to Correct heretofore issued to Woods on November 17, 1999
is withdrawn and Woods be authorized to proceed on the following conditions:
1. Structural Changes to the house:
a) The roof of the garage element of the house shall be lowered to a 4/12 pitch.
b) Reflective windows shall not be allowed on the north facing side of the house.
c) If the residence is remodeled in any way that modifies the outside of the structure
or height of the structure or any color or lighting exterior changes are proposed,
the County shall review those changes for compliance with the Ridgeline Review
process set forth in the Pitkin County Land Use Code.
d) If the residence is demolished, the building envelope may be revised by Pitkin
County to ensure no future ridgeline development will occur.
zoo 0
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2. Landscaping:
a) Landscaping shall be installed pursuant to the Landscaping Plan, Attachment B
("Landscaping Plan"), provided, however, subject to Subparagraph(f) following
the number and placement of Aspen trees may be modified based on Paragraph 4
of the January 27, 2000 letter from Julia Marshall, the landscape consultant
engaged by Pitkin County in connection with the Landscaping Plan to Pitkin
County.
b) The Landscaping Plan allows for specific plantings outside of the building envelope
and is acceptable to which Pitkin County.
c) Landscaping shall be installed in the Spring of 2000, no later than July 1.
d) A financial assurance in the amount of$26,800 shall be filed with the Pitkin
County Attorney's office in order to ensure the planting and successful
establishment of the required Landscaping Plan. At such time as planting shall be
completed in accordance with the Landscaping Plan, the amount of the financial
assurance shall be reduced to $15,800. Such sums shall be retained until July 1,
2002.
e) The owner of Parcel 32 shall adequately water and maintain any and all
landscaping installed pursuant to the Landscaping Plan.
f) Height poles shall be placed for review by Pitkin County prior implementation of
the Landscaping Plan to simulate the location and height of the trees to be installed
as a part thereof in order to ensure that the same will be installed in conformance
with landscaping plans. At such time as the Landscaping Plan shall be
implemented, Pitkin County may on a one-time basis, for a period of up to July 1,
2002 following implementation, require that minor adjustments and enhancements
to the landscaping be made.
g) Any landscaping installed pursuant to the Landscaping Plan which shall at any time
die shall be replaced by the then owner of Parcel 32, at such owner's expense.
3. Lighting:
The residence shall be lighted in accordance with the lighting plan, attached hereto as
Attachment C. In no case shall there be any exterior landscape lighting and at a minimum
the property shall comply with the Pitkin County lighting regulations.
� . � 73 -2-"-b I
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4. Colors:
3 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY COR
a) The exterior colors of the residence shall comply with Attachment D attached
hereto.
5. Agreement and Covenant Running With the Land: This Resolution shall be a burden on
Parcel 32, and shall run with the said property regardless of future ownership. Woods, by
her acceptance and agreement accepts the terms hereof and agrees to be bound hereby.
VESTED RIGHTS NOTICE PUBLISHED IN THE ASPEN TIMES ON THE JB DAY
OF Map e_4 , 2000
APPROVED AND ADOPTED on the D day of f , 2000,
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: (,� —A
Shellie Roy Harper, Chai
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jn
TESAll Ae 141��Yxvj11111 Date: �y /Z-- .00dee R. Dean, C erk to the OCC
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, C p-Xttorney Cindy Houben,
Community Development Director
TERMS ACCEPTED AND AGREED TO:4�'
MARGARET HUGHES WOODS
C:\Data\Clients\Woods,Maggie\Resolution.2.27.00 final wnion.xpd
CORRECTION WARRANTY DEED
47--I-A(wwm�T- 14
THIS CORRECTION WARRANTY DEED, made as of the 28 h day of July, 1998, between
HELLER-WARNER VILLA, a joint venture ("Grantor"), and MARGARET HUGHES WOODS,
whose legal address is: P.O. Box 6574, Snowmass Village, Colorado 81615, of the County of Pitkin,
State of Colorado, ("Grantee"):
WITNESSETH, that the Grantor for and in consideration of the sum of Ten($10.00) Dollars
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm, unto the Grantee, her heirs, personal representatives and assigns forever,
all the real property together with improvements, if any, situate, lying and being in the County of
Pitkin, State of Colorado described as follows:
See Exhibit "A" attached hereto and incorporated herein.
TOGETHER, with all and singular the hereditaments and appurtenances thereto belonging,
or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD, the said premises above bargained and described, with the
appurtenances, unto the Grantee, her heirs, personal representatives and assigns forever. And the
Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the
Grantee, her heirs, personal representatives and assigns, that at the time of the ensealing and delivery
of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except and subject to Real Property
taxes for 1998 payable in 1999; building and zoning regulations; and THOSE ITEMS DESCRIBED
ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN
AND THE TERMS AND CONDITIONS THEREOF.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the Grantee, her heirs, personal representatives and
assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
THIS DEED IS A CORRECTION DEED GIVEN TO CORRECT THE SIGNATORY AND
ACKNOWLEDGMENT CONTAINED IN THAT CERTAIN WARRANTY DEED RECORDED AS
RECEPTION NO, 420163, OF THE RECORDS OF PITKIN COUNTY, COLORADO, WHICH DID
NOT CONTAIN THE SIGNATURES OR ACKNOWLEDGMENTS OF ALL OF THE JOINT
VENTURERS OF THE.GRANTOR.
111111!1142 1 L1ut 11111Nr1111111�11111111111i11111nri
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442394 04/27/2000 03:80P RESOLUTI DAVIS SILVI
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IN wiTNES$ VYim"Aw me CiIantor has exeCuteU n118 CU1fUt,L1U11 Wdlfalay Dood un the
date set forth above.
HELLER-WARNER VILLA, a Joint Venture
By: C2
Morton A. Heller, a/k/a Morton Heller,
individually, as Attorney in Fact for Lita
I Illlll IIIII IIIIII Illll I'll IIIIIII IIIII III IIIII Illl IIII Heller, ler, Vicki
Hiatt and k/ rRichardta Warner M. Hellel , and as
442394 04/17/2000 03:50P RESOLUTI DAVIS SILVI Trustee for Samuel W. Hiatt and Michael
6 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Elliot Hiatt under those certain trust
- - instruments dated June 16, 1969 and
March 20, 1972, respectively, being all
of the joint ventures of Heller-Warner
Villa, a joint venture.
STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing instrument was acknowledged before me this ` day of December, 1998,
by Heller-Warner Villa, a joint venture, by Morton A. Heller, a/k/a Morton Heller, individually, as
Attorney in Fact for Lita Heller, a/k/a Lita Warner Heller, Vicki Hiatt and Richard M. Heller, and as
Trustee for Samuel W. Hiatt and Michael Elliot Hiatt under those certain trust instruments dated June
16, 1969 and March 20, 1972, respectively.
WITNESS MY HAND AND FFICIAL SEAL. L
My commission expires: TQ lt'
Notary Public °F 00�G
I IIIIII 01
41111/19/ I IIII IIIlIII IIII Illlll 111 Illll IJII IIII
2Sf43 2.ft 99 12.101 MD DAVIS SILVI
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C:IdatalCliewslHel(erlHdler Warner VillaslGWD-Wands 2
EXHIBIT "A"
A parcel of land being part of Tracts 75 and 76, in Sections 27, 28, 33
and 34, Lot 1 of 9ccLion 33, and Lot 3 in Section 34, Towriahip 8 South,
Range 87 West of the 6th Principal Meridian. Said parcel is more fully
described as follows:
Beginning at a point from which Angel Point 2 of said Tract 75 bears N
9003155" W 2499,42 feet;
thence East 40. 00 feet;
thence North 450.00 feet;
thence N 76005100" H 915.49 feet;
thence S 00013102" E 157. 27 feet;
thence S 30008 , 00" W 1477.44 feet;
thence S 49016 ,00" W 826 . 69 feet;
thence 239 .63 feet along the arc of a curve to the left, having a radius
of 299 .98 feet, the chord of which bears S 89012103" W 233 .31 feet;
thence S 66619, 00" W 358 .22 feet;
thence 152 .68 feet along the arc of a curve to the right, having a
radius of 399 .74 feet, the chord of which bears S 77015130" W 151.75
feet;
thence S BB012100" W 112 .19 feet;
thence 246.51 feet along the arc of a curve to the left, having a radius
of 299. 98 feet, the chord of which bears S 64039130" W 239. 63 feet;
thence N 42051116/, E 2171. 31 feet to the point of beginning.
1111111111111111111111111111 IN IIN 11111191 oil 1111 IN
428153 07/31/1096 OWSP WD ORVIS SILVI
2 of 3 R 15.00 D 45.00 N 0.00 PITKIN COUNTY CO
I Illlll IIIII Illlll IIIII IIII IIIIIII Illil III I'll' IIII IIII
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Illlll IIIl1 Illlll IIII 01111111 IIII 111111 III 111111111 IIII
426643 01/15/1909 12:1SP WD DAVIS SILVI
3 of 4 R 21.00 D 0.00 N 0.00 PITKIN COUNTY CC
I IIIIII 1111111111111111 IN 111111111111 III 11111 IIII IIII
442394 04/17/2000 03:50P RESOLUTI DAVIS SILVI
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EXHIBIT "B"
1. 'faxes tor the year 1998 not yet due or payable .
2. Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and right of way for ditches or canals
constructed by the authority of the United States as reserved in
United States Patents recorded January 16, 1894 in Book 55 at Page 43
and September 6, 1894 in Book 55 at Page 49.
3 . Reservations of Mineral Royalty interests appearing in Book 176 at
Page 436 and in Book 193 at Page 479.
4 . Those terms, conditions, provisions, obligations, easement,
restrictions, assessments and all matters as set forth in Protective
Covenants recorded in Book 437 at Page 748 and First Amendment thereto
recorded in Book 551 at Page 259, Second Amendment thereto recorded in
Book 701 at Page 347, Third Amendment thereto recorded in Book 701 at
Page 408, Supplemental Restrictive Covenants thereto recorded in Book
701 at Page 523 and re-recorded in Book 702 at Page 733 and Fifth
Amendment thereto recorded February 4, 1998 as Reception No. 413233,
Fourth Amendment thereto recorded February 4, 1998 as Reception No.
413234 and Seventh Amendment thereto recorded March 9, 1998 as
Reception No. 414335 and Sixth Amendment thereto recorded May 28,
1998 as Reception No. 417416, deleting therefrom any restrictions
indicating preferance, limitation or discrimination based on race,
color, religion, sex, handicap, familial status or national origin.
5. Terms, conditions, provisions, obligations and all matters as set
forth in the Articles of Incorporation recorded in Book 507 at Page
689.
6 . Terms, conditions, provisions, obligations and all matters as set
forth in the By-Laws of Sopris Mountain Ranch Homeowners Association
recorded in Book 507 at Page 693 .
7. Terms, Conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners, approving
1041, general submission and boundary line adjustments, recorded
September 16, 1992 in Book 688 at Page 775 as Resolution No. 91-171.
8 . Terms, conditions, provisions and obligations as set forth in Grant
of Easement recorded July 8, 1994 in Book 754 at Page 998 .
9. Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners, granting
1041 environmental hazard review, recorded July 19, 199S in Book 787
at Page 515 as Resolution No. 95-116 .
10 , Terms, conditions, provisions and obligations as set forth in Grant
of Easement recorded August 3, 1995 in Book 789 at Page 76.
11. Terms, conditions, provisions and obligations as set forth in Grant
of Driveway/Underground Utility Easement recorded August 11, 1995 in
Book 789 at Page 880 ,
12 . Terms, conditions, provisions and obligations as set forth in
Assignment of Assessment Loan Agreement recorded August 28, 1995 in
Book 791 at Page 916.
13 . Terms, conditions, provisions, obligations and all matters as set
forth in Resolution of the Board of County Commissioners, granting
approval of the Heller/Moss 1041 hazard review and subdivision
exemption for a lot line adjustment recorded April 21, 1997 as
Reception No. 403586 as Resolution No. 97-66 .
14 . Easements, rights of way and all matters as disclosed on Plat of
subject property recorded July 27, 1998 in Plat Book 45 at Page 46 .
111111111111111111111111111 IN 111111 III 111111111 IIII
420103 01/31/1996 04:20P WD DAVIS SILVI
3 of 3 R 16.00 D 45.00 N 0.00 PITKIN COUNTY CO
11111111111111111111111111111 IN IIIIII III 11111 IIII IIII
425543 01/15/1020 12:19P WD DAVIS SILVI
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L Jt'-1d�37 5 G A P E ARCH I T E C T
I ll p Post Office Box 1537
' '�! RSNALL 23400 Two Rivers Rd #43-
ixQ'lx .r ' MT DALY ENTERPRISES LLC Basalt Colorado 81621
Tel 970 927 3138
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Fax 970 927 8487
mtdayQsoprfs.nef
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RECEIVED
IAN 2 6 2000
ASPEN I PITKIN
January 27, 2000
To: Cindy Houben
Via Mail: Community Development
130 S Galena Street I IIIIII IIIII"III'I'lll'lll 1'llll'll'll III"I'I
Aspen, Colorado 81611 442394 04/17/2000 03:S0P RESOLUTI ppylS illl I"I
Re: Woods Residence 8 of 23 R 0.00 D 0.00 N 0.00 LVZ
PITKIN COUNTY CO
Dear Cindy,
My comments regarding the Woods Residence area as follows:
The predominant vegetation of the site is scrub oak with an occasional large spruce
tree. The plan submitted by FurNROSS architecture will not have much effect in the winter
since the spruce trees are set at the ends of the building. The location of the spruce trees
will not significantly interrupt the roofline of the building. In the summer time, the aspen
will have some impact.
My recommendation, as reflected on the plan, is to use the idea that there are large
spruce trees within the scrub oak vegetation. The judicious placement of spruce trees
will interrupt the roofline of the building, thus from a distance erasing the straight line of
the building form. I have indicated six spruce trees on the plan, four of which should be
3' minimum taller than the building when planted. The height of these trees can be
established by using height poles and viewing them from a distance to ensure that they
are taller than the roof.The two others that are located at the corner of the building will
in time grow to have an impact.
The aspen trees can remain in the planting plan if the owner so desires, but it is the
spruce trees that are critical to the winter view of the home.
I hope this is of help in resolving this issue, but please call if there are any further questions.
Sincerely,
7
Julia Marshall
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442394 04/17/2000 03:50P RESOLUTI DAVIS SILVI
24 of 21 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
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15 of 21 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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Steinel combines all three elements to create the most technologically advanced motio,
detector system available today. Steinel, the European leader in sensor products, intro-
duces a professional quality product that is so reliable that it has a 3-year functional war-
ranty on it.
ALL STEINEL SENSOR PRODUCTS FEATURE IS140 Sensor Switch
1400 Detection angle with u t0 40' distance Technical specifications
g p Dimensions H x W x D approx.2'':'z 2'/."x 4'/:"
1300 Horizontal adjustment creating a 2700 sweep Supply voltageiPower supply 120VAC
650 Vertical adjustment Angle of defection,honzontal 20'-140'
Exclusive sneak by guard Zone of detection,adjustable 130'horiz..65'vert.
Range 40 ft.
Daylight operation if required Adjustable ON-time 10 sec.to 15 min.
Clip on shrouds to pinpoint zone Switching capac.'Signalstrength Max 600'.V
Fresnel detection lens with graduated viewing windows Type of enclosure PIP 54ratnugnt
SMD electronic automat technology Malde blackpuY/
Made in Germany
Splash-proof, rain-tight
No Minimum Load Requirement
STEINEL SENSOR FIXTURES FEATURE Technical specification HxWxD
L900S/1_910S/1-950S1951S 12 x 5 x,!mcn.
All the above plus... L960S/L970S 13x7x5inch.
9 beautiful Eur0 design fixtures Suoplulbdute 120VAC
g Supply voltace 120 V AC
Incandescent, florescent and halogen lamp compatibility Installation connect to mains
Hand blown lass lobes Angle of detection,horizontal 20'-140'
g g Angle of Detection,vertical 8' with sneak-bv cuard
Zone of detection,adjustable 130'horiz265'vert.
I` Range 40 ft.
Adjustable ON-time of light 10 sec.to 15 min.
Type of enclosure IP 54 raintignt
Color black/putty
' I IIIIII "III IIIIII Illll 111 Made in Germany
1142394 04/17/2000 03r I!I RESOLUTI IIII' IIIII III I'lS SILVI
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Pulse delay
Nlanual over ride
Steinel technology has eliminated the need for. A Rance control
• Seasonal adjustments
``' t farm up time
Minimum Load
�- Re;uirei-rent
Steinel, the Professional's Choice
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susan funs po box 421 snowmass Co 81654 970-927-2530 927-6453 fax Ssfurr@aol.com
1/11/00
RESIDENCE FOR MAGGIE WOODS
rARCEL 32 SOrRIS MOUNTAIN RANCH
MTKIN COUNTY,COLORADO
FKOFOSED FINISHES AND COLORS:
SEE ATTACHED ELEVATIONS FOR FINISH LOCATIONS
ALL STAIN COLORS TO BE CABOT SEMI-TRANSPARENT OR EQUAL
A CEDAR FASCIAS.FOSTS&BEAMS: NEW REDWOOD#0317
New Redwood 03
B SOFFITS AND EXFOSED RAFTERS: NEW REDWOOD#0517
C CEDAR BOARD AND GATT SIDING: EVERGREEN#0110/BEECHWOOD GRAY#0342 'Ever r e e n 01
D CEDAR SHIFLAr SIDING: BEECHWOOD GRAY#0342/BARN RED#0885
rn Red 3;
E CEDAR BOARD SIDING: BEECHWOOD GRAY#0842
Beechwood Gray 034
600FIN�s
F NON-REFLECTIVE RUSTED CORRUGATED BLACK IRON
O ASPHALT SHINGLES : TAMCO WEATHERED WOOD OR EQUAL
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john Oef)foss AIA/2M southgate dr/fargo nd 55103/701-232-2657 phone&fax/jefosscaol.com
stanley furr/ po box 421 /snowmass co 81654/970-927-2530 9275453 fax/SsfurrCaol.com
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