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HomeMy WebLinkAboutpitkin.planning.264328204009 (2006)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE.FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) ,..... « . , n a . ,x a . r~<. ,xnn.r.,~4M:u a;Px.. „«^.:_:. ~+i,.~raaeE;%o +Y~'S~65t' w~" s`t,a.~`>Ad"A ~~aS?£~i f DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE BENNINGHOFF 1041 HAZARD AND RIDGELINE REVIEW Determination No.~2007 RECITALS 1. George Benninghoff ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard and Ridgeline Review approval to establish a building envelope for a single-family residence. 2. The parcel is located on Tabula Rasa Lane, and is more specifically described as Lot 6, Block 5, Brush Creek Village Subdivision. The parcel contains approximately 2 acres and is in the AR-10 zone district. 4. The Hearing Officer heard this application at a public hearing on April 17, 2007, at which time evidence and testimony were presented with respect to this application. 5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer finds that the proposal does not break a ridgeline. The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED.by the Pitkin County Hearing Officer that approval is hereby granted to the Benninghoff 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The landscape/septic envelope (east) shall be reduced to remove the slopes in excess of 30%. The above referenced approvals shall be a condition precedent to finalization and recordation. 3. Prior to issuance of any building permits for the new residence, the Applicant shall: A. Complete afireplace/woodstove registration. form with the Community Development Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. ~~~~~~ 05809/2007 02:411 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00_, D 0.00 ~,~u„~.~, ,~+,..~~,~.~ ~ ~~ ,,~~,. ~.~....: , ~. ~, ~ ~ ~,~~, Hearing Officer Determination No.J}~-2007 Page 2 C. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. D. Pay the applicable road and housing impact fees. 4. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. B. Fencing outside of the building envelope shall comply with the wildlife fencing standards in the Land Use Code. C. Install and use an approved bear-proof trash container as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit-bearing trees and shrubs in any landscaping. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards as can be accomplished within the boundaries of the property: A. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. C. Vegetation shall. be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. D. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. F. All thinned snowberry, serviceberry or chokecherry stumps must be painted with Garlon, (or equivalent) herbicide to prevent aggressive re-sprouting. ' G. All deadfall within the 60-foot perimeter shall be removed. H. The Applicant shall be responsible for the continued maintenance of the .defensible space vegetation requirements. 6. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering on a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 537500 Page: 2 of 5 05/09/2007 02:411 JANICE K VOS CAU~ILL PITKIN COUNTY CO R 0.00 D 0.00 __. _ __ Hearing Officer Determination No. ~-2007 Page 3 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. B. Projections: 1. Projections at the roofline (which includes, but are not limited to: eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for one-hour fire-resistive construction; 2. For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, AND: 3. Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for 1 hour fireresistive construction on the exterior side of the wall. C. Any windows shall be tempered glass. Doors on this side (if any) shall be non- combustible, or 13/4" solid wood. D. Exterior Walls and Siding shall have a minimum one-hour fire resistive. E. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. F. Stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls (not -including porches, patios, etc.). G. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. H. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. ~~~~~~ Page: 3 of 5 05/09/2007 02: JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 Hearing Officer Determination No.~-2007 Page 4 O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. P. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. Q. Swimming pools shall be accessible to Fire Department vehicles. R. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district. S. New utility lines shall be buried. T. Roofs and gutters shall be kept clear of debris. 7. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or) development envelopes except for wildfire mitigation as required above. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope, or access envelope. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. 9. Any areas disturbed outside the building envelope must be revegetated with native vegetation according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. 10. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity, as represented in the application. Roof and siding materials shall be non-reflective. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 11. The Applicant shall comply with the requirements of the Aspen Fire Protection District. 12. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 17, 2010. ~~~~~~ Page: 4 of 5 JRNICE K VOS_CgUDILL PITKIN COUNTY CO R 0.00 05/09D20 00 2'411 r"~; Hearing Officer Determination No. ~-2007 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18~' day of February, 2007. APPROVED ON THE 17TH DAY OF APRIL 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the t~ day of 2007. HEARING OFFICER ATTEST: OF PITKIN COUNTY, COLORADO CSYI It ~~~ ~ /'/~ ~ ~ .^-._..~...__.. ~~~~ ~~ Bonnie Waechtler, /JIm True, Administrative Assistant G Hearing Officer APPROVED AS TO FORM: Date: ~ ~~ ~ /d 7 l l APPROVED AS TO CONTENT: `~ ~~! ~e_ John Ely,.„ County Attorney Case #P168-06 264328204009 ~ v.~ t i~~¢~111~ c~o~}C~£F ' dy ouben, ~" Community Development Director ~ ~~~~~o COUNTY ~ 0 R 0,00 05g09/D20000 2:411 JRNICE K VOS CRUDILL PITKIN _____ _.. MEMORANDUM TO: Jim True, Pitkin County Hearing Officer FROM: Ezra Louthis, Planner RE: Benninghoff 1041 Hazard Review and Conceptual Submission DATE: April 17, 2007 REQUEST: The Applicant proposes to establish a building envelope for a new single-family residence in the Brush Creek Subdivision. APPLICANT: George Benninghoff REPRESENTATIVE: Bluegeen LOCATION: Lot 6, Block 5, Brush Creek Village (Tabula Rasa Road) ZONING/LOT SIZE: AR-10/2 acres REFERRAL COMMENTS: Comments were received from the Aspen Fire Protection District, and the recommendations will be reflected in the proposed conditions of approval. SCENIC/RIDGELINE: Staff has reviewed the parcel, and the proposed development will not break a ridgeline from Brush Creek Road or Highway 82. 1041 HAZARD REVIEW (SECTION 3-801: Geologic (Section 3-80-050): The proposed building envelope, access envelope and landscape envelope contain slopes of less than 30%. There is a small portion of the septic and landscape envelope, located to the east that contains slopes in excess of 30%. Staff recommends that this small portion be removed from the envelope. Wildfire (Section 3-80-070): The building envelope is located within a mapped "Low/Moderate Hazard" rated wildfire area, but adjacent to severe areas. Upon review during a site visit, Staff feels that due to the presence of slopes, and heavy vegetation,. a severe rating should be given to the site. The Applicant agrees to comply with the severe standards in the code. RECOMMENDATION: Staff recommends approval of the Benninghoff 1041 Hazard and Ridgeline Review subject to the conditions of the attached draft determination. ATTACHMENTS: 1. Draft Determination 2, Aspen Fire DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE BENNINGHOFF 1041 HAZARD AND RIDGELINE REVIEW Determination No. -2007 RECITALS. George Benninghoff ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard and Ridgeline Review approval to establish a building envelope for a single-family residence. 2. The parcel is located on Tabula Rasa Lane, and is more specifically described as Lot 6, Block 5, Brush Creek Village Subdivision. The parcel contains approximately 2 acres and is in the AR-10 zone district. 4. The Hearing Officer heard this application at a public hearing on April 17, 2007, at which time evidence and testimony were presented with respect to this application. 5. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer finds that the proposal does not break a ridgeline. 7. The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Benninghoff 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The landscape/septic envelope (east) shall be reduced to remove the slopes in excess of 30%. The above referenced approvals shall be a condition precedent to finalization and recordation. Prior to issuance of any building permits for the new residence, the Applicant shall: A. Complete afireplace/woodstove registration. form with the Community Development Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. Hearing Officer Determination No._-2007 Page 2 C. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. D. Pay the applicable road and housing impact fees. 4. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. B. Fencing outside of the building envelope shall comply with the wildlife fencing standards in the Land Use Code. C. Install and use an approved bear-proof trash container as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit-bearing trees and shrubs in any landscaping. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards as can be accomplished within the boundaries of the property: A. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. C. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. D. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the. crowns. F. All thinned snowberry, serviceberry or chokecherry stumps must be painted with Garlon, (or equivalent) herbicide to prevent aggressive re-sprouting. G. All deadfall within the 60-foot perimeter shall be removed. H. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering on a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. Hearing Officer Determination No. _-2007 Page 3 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. B. Projections: 1. Projections at the roofline (which includes, but are not limited to: eaves, cornices, soffits anal roofs over open decks) shall be sheathed with materials approved for one-hour fire-resistive construction; 2. For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, AND: 3. Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for 1 hour fireresistive construction on the exterior side of the wall. C. Any windows shall be tempered glass. Doors on this side (if any) shall be non- combustible, or 13/4" solid wood. D. Exterior Walls and Siding shall have a minimum one-hour fire. resistive. E. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. F. Stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls (not including porches, patios, etc.). G. Vents shall be screened with corrosive resistant wire mesh with mesh'/4 inch maximum. H. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. Hearing Officer Determination No. _-2007 Page 4 O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on anon-combustible post. P. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. Q. Swimming pools shall be accessible to Fire Department vehicles. R. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district. S. New utility lines shall be buried. T. Roofs and gutters shall be kept clear of debris. 7. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes except for wildfire mitigation as required above. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope, or access envelope. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. 9. Any areas disturbed outside the building envelope must be revegetated with native vegetation according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. 10. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity, as represented in the application. Roof and siding materials shall be non-reflective. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 11. The Applicant shall comply with the requirements of the Aspen Fire Protection District. 12. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 17, 2007. Hearing Officer Determination No. _-2007 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18'i' day of February, 2007. APPROVED ON THE 17TH DAY OF APRIL 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the _ day of , 2007. ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO Bonnie Waechtler,. Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney Case #P168-06 264328204009 Jim True, Hearing Officer Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director ... , ~~.. ~.. ~ ~ ~ ~,~„~li~ ,.. ~ .,~,, . , .,~... , ~~ ,, ~ ., ~ ~ ~ ~ ~,..~ ~ , ~ ,~~~~ ~ ~ ~.~ W ~~ , , ...,~ .,..~.~-_.~_..,,...._.....,. _ .. ,. Hearing Officer Determination No. _-2007 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18`" day of February, 2007. APPROVED ON THE 17TH DAY OF APRIL 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Armen Times Weekly on the _ day of , 2007. ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney HEARING OFFICER OF PITKIN COUNTY, COLORADO Jim True, Hearing Officer Date: APPROVED AS TO CONTENT: w 1 ^~~2~A1~.. c'_~J~f' ' dy ouben, `' Community Development Director Case #P168-06 264328204009 MEMORANDUM TO: Jim True, Pitkin County Hearing Officer FROM: Ezra Louthis, Planner RE: Benninghoff 1041 Hazard Review and Conceptual Submission DATE: March 20, 2007 REQUEST: The Applicant proposes to establish a building envelope for a new single-family residence in the Brush Creek Subdivision. APPLICANT: George Benninghoff REPRESENTATIVE: Bluegreen LOCATION: Lot 6, Block 5, Brush Creek Village (Tabula Rasa Road) ZONING/LOT SIZE: AR-10/2 acres REFERRAL COMMENTS: Comments were received from the Aspen Fire Protection District, and the recommendations will be reflected in the proposed conditions of approval. SCENIC/RIDGELINE: Staff has reviewed the parcel, and the proposed development will not break a ridgeline from Brush Creek Road or Highway 82. 1041 HAZARD REVIEW (SECTION 3-801: Geologic (Section 3-80-050): The proposed building envelope, access envelope and landscape envelope contain slopes of less than 30%. There is a small portion of the septic and landscape envelope, located to the east that contains slopes in excess of 30%. Staff recommends that this small portion be removed from the envelope. Wildfire (Section 3-80-070): The building envelope is located within a mapped "Low/Moderate Hazard" rated wildfire area, but adjacent to severe areas. Upon review during a site visit, Staff feels that due to the presence of slopes, and heavy vegetation, a severe rating should be given to the site. The Applicant agrees to comply with the severe standards in the code. RECOMMENDATION: Staff recommends approval of the Benninghoff 1041 Hazard and Ridgeline Review subject to the conditions of the attached draft determination. ATTACHMENTS: 1. Draft Determination 2. Aspen Fire DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE BENNINGHOFF 1041 HAZARD AND RIDGELINE REVIEW Determination No. -2007 RECITALS George Benninghoff ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard and Ridgeline Review approval to establish a building envelope for a single-family residence. 2. The parcel is located on Tabula Rasa Lane, and is more specifically described as Lot 6, Block 5, Brush Creek Village Subdivision. 3. The parcel contains approximately 2 acres and is in the AR-10 zone district. 4. The Hearing Officer heard this application at a public hearing on March 20, 2007, at which time evidence and testimony were presented with respect to this application. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the Pitkin County Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is hereby granted to the Benninghoff 1041 Hazard Review subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all conditions and material representations made in the application and public meetings except as amended herein. 2. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The _ landscape/septic envelope (east) shall be reduced to remove the slopes in excess of 30%. The above referenced approvals shall be a condition precedent to finalization and recordation. Prior to issuance of any building permits for the new residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. Hearing Officer Determination No.= 2007 Page 2 D. Pay the applicable road and housing impact fees. 4. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. B. Fencing outside of the building envelope shall comply with the wildlife fencing standards in the Land Use Code. C. Install and use an approved bear-proof trash container as required by the County. D. Maintain native vegetation outside of the building envelope. E. Avoid fruit-bearing trees and shrubs in any landscaping. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards as can be accomplished within the boundaries of the property: A. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. B. Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. C. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. D. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. F. All thinned snowberry, serviceberry or chokecherry stumps must be painted with Garlon, (or equivalent) herbicide to prevent aggressive re-sprouting. G. All deadfall within the 60-foot perimeter shall be removed. H. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. The Applicant shall comply with the following additional wildfire mitigation standards: A. Roofs shall be constructed with a Class A roof covering on a Class A assembly as defined in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. Hearing Officer Determination No. _-2007 Page 3 5. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. B. Projections: 1. Projections at the roofline (which includes, but are not limited to: eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for one-hour fire-resistive construction; 2. For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one-hour fire-resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, AND: 3. Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for 1 hour fireresistive construction on the exterior side of the wall. C. Any windows shall be tempered glass. Doors on this side (if any) shall be non- combustible, or 13/4" solid wood. D. Exterior Walls and Siding shall have a minimum one-hour fire resistive. E. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. F. Stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls (not including porches, patios, etc.). G. Vents shall be screened with corrosive resistant wire mesh with mesh '/4 inch maximum. H. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. I. Fences shall be kept clear of brush and debris. J. Wood fences shall not connect to the structure. K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. O. Addresses shall be clearly marked with 2 inch non-combustible letters and. shall be visible and installed on anon-combustible post. Hearing Officer Determination No. _-2007 Page 4 P. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. Q. Swimming pools shall be accessible to Fire Department vehicles. R. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district. S. New utility lines shall be buried. T. Roofs and gutters shall be kept clear of debris. 7. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelopes except for wildfire mitigation as required above. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope, or access envelope. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. 9. Any areas disturbed outside the building envelope must be revegetated with native vegetation according to a revegetation plan submitted by the Applicant and approved by the County prior to issuance of a Certificate of Occupancy. 10. The exterior of the residence shall be finished in the natural earth tones of the immediate vicinity, as represented in the application. Roof and siding materials shall be non-reflective. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 11. The Applicant shall comply with the requirements of the Aspen Fire Protection District. 12. Floor area shall be limited to 5,750 square feet exempt from growth management or use of TDRs. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on March 20, 2007. Hearing Officer Determination No. _-2007 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 18~' day of February, 2007. APPROVED ON THE 20TH DAY OF MARCH 2007. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the _ day of , 2007. ATTEST: Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney HEARING OFFICER OF PITKIN COUNTY, COLORADO Jim True, Hearing Officer Date: APPROVED AS TO CONTENT: I~v-.~` l~u car C-Ef' C dy Houben, ` Community Development Director Case #P168-06 264328204009 aw '_5 mimeo ~ ~.. C 0 ~s ., c cz a~ rn 3 June 28, 2006 Ezra Louthis ~ Pitkin County Community Development Department ~ 130 Galena Avenue ~, ~~ Aspen Colorado 81611 ~r r- ~' RE: Bush Creek Lot 6, Block 5 of Brush Creek Village Subdivision (PID# 2643-282-04-009) ~; Dear Ezra: ca s~. m This letter summarizes our request fora 1041 Environmental Hazard and Ridgeline Review. ~ We are representing George Benninghoff, owner of Lot 6, Block 5 of Brush Creek Village Subdivision in Pitkin County, Colorado. The following Pitkin County Land Use Code sections are addressed in accordance with the pre-application conference: ~, o Sec - 3-60-040, Conceptual and Scenic Overlay (Ridgeline) ~ o Sec - 3-80, Areas of Local and State Interest/1041 Environmental Hazard Areas 0 '~ 0 Also included in the application are the following: o :Vicinity Map, illustrating the project location (Attachment A); o Geotechnical report from Chen Northern Inc (Attachment B); ~ o Pre-application conference summary (Attachment C); 0 1041 Survey, prepared by Hired Gun Surveying, illustrating the existing conditions ~ (Attachment D); o Site plan depicting proposed building envelopes on the property (Attachment E); o Ridgeline study (Attachment F); '~ o Letter from George Benninghoff authorizing Bluegreen to act on his behalf relative to -" this land use application; o Proof of ownership; o List of adjacent property owners per Pitkin County Assessor records; ~- o Pitkin County Community Development Agreement to Pay form. c . ~ Background 0 The subject parcel is located in Brush Creek Village Subdivision and is legally described as ~, Lot 6, Block 5 and is accessed from Tabula Rasa Road. The property is approximately 2 acres and is situated within the AFR-10 zone district. The predominant vegetation is a native grass, weed and dense brush understory throughout the property (i.e. serviceberry, scruboak, and sagebrush). The lower portion of the property includes a portion of exposed soil from a steep road cut adjacent to Tabula Rasa Lane. The lower portion of the lot contains slopes of 30 percent or less while the upper portion contains slopes in excess of 30 percent. Access onto the property is from an existing cut originating from Tabula Rasa Lane. Proposal The applicant wishes to utilize the property for construction of asingle-family residence up to a total of 5,750 square feet with associated landscape improvements. OOOOOI ~~ 1041 Environmental Hazard and Scenic Overlay/Ridgeline Review Parcel ID# 2843-282-04-009 Proposed Building and Development Envelopes The proposed building and development envelopes, shown on the attached "1041 Hazard Plan," are designed to (1) eliminate and/or minimize the impact to the naturally occurring steep slopes on the site, (2) allow for the rehabilitation and revegetation of limited, steep man-made slopes and (3) allow for construction of asingle-family residence and access driveway, septic, and landscaping improvements that will accompany the new residence. Two envelopes for development are proposed 1) a building envelope where the main structure will be constructed and, 2) the septic/access envelope. that will contain the "'""" driveway and septic system. ~. Section 3-60-040: Scenic Overlay (Ridgeline Review Only) This section establishes a scenic conservation area, which includes those lands proximate to and most visible from State Highway 82 and Brush Creek Road, among others. Development of these lands can be reviewed by the Planning Director with the following finding for Ridgeline Review: "3. For areas not mapped within the Scenic Overlay but included in ridgeline mapping, such development shall not break a ridgeline. " The subject lot for this application is subject to ridgeline review. The height of any proposed structure is limited to 28 feet and therefore would not break the ridgeline as viewed from State Highway 82 or Brush Creek Road. The ridgeline study included within the application (Attachment J) demonstrates how the proposed structure will be situated on the property and will never break ridgeline and typically will not be visible from either Highway 82 or Brush Creek Road. 1041 Environmental Hazard, Sec. 3-80 Geologic: The proposed building envelope contains slopes that are generally between 15% and 30%. Considering the topographical constraints on the property, the proposed building envelope °° is the most suitable for development and' access onto the property. Slopes on the property are suitable for development as found in the geologic report provided by Chen Northern, Inc. (see Attachment B). The applicant is willing.to provide adequate stabilization for any infrastructure on the property as suggested in this report. ~'"" Wildfire: The property is mapped for low wildfire hazard but is proximate to severe wildfire hazard areas. The applicant is willing to comply with all appropriate and reasonable defensible space measures deemed necessary by the U.S. Forest Service and/or Pitkin County to mitigate any perceived wildfire danger on the property. Thank you for your consideration of this proposal and please call me at 429 7499 if you have any questions regarding this application. Sincerely, .y/ ' . G%!~~~~-~~/~ t ~- ~ ~ f ~., I Brian McNellis, AICP, ASLA ~, O ~ O ~ 0 r' 1041 Environmental Hazard and Scenic Overlay/Ridgeline Review Parcef ID# 2643-282-04-009 G ~~~ ~, vicinity map `7 date I issue 06/20/2006 vicinity map vicinity map (attachment A) lot 6, block 5, brush creek village subdivision ChenNorthern, Inc. ~~-~-- Ts Consulting Engineers and Scientists 5080 Road 154 Glenwood Springs, Colorado 81601 303 945-7458 303 945-2363 Facsimile SUBSOIL STUDY FOR FOiINDATION DESIGN PROPOSED RESIDENCE LOT 6, BLOCK S, FILING 1 BRUSH CREEK VILLAGE, COLORADO JOB NO. 4 173 94 FEBRUARY 10, 1994 GEORGE BENNINGHOFF 32 TULIP STREET SUMMIT NJ 07901 000004 :+ ~t~~i ~n.~Yinr r,! :n~> T--f I f-1 . vn; in n. ~mm~aninc ~' ChenNorthern, Inc. Consulting Engineers and Scientists 5080 Road i 54 Glenwood Springs, Colorado 81601 ^' February 10, 1994 303 945-7458 303 945-2363 Facsimile ~, Mr. George Benninghoff ~„ 32 Tulip Street Summit NJ 07901 Subject: Subsoil Study for Foundation Design and Percolation Testing, Proposed Residence, Lot 6, Block 5, Filing 1, Brush Creek Village, Colorado Job No. 4 173 94 Dear Mr. Benninghoff: As requested, we have conducted a subsoil study at the subject site, located on Lisa Lane in Brush Creek Village, Colorado. Subsurface conditions encountered in the exploratory borings drilled in the proposed building area consist of about 1 foot of topsoil overlying overcansolidated colluvium (clay and sand) which is underlain by claystone bedrock. Groundwater was not encountered in the borings at the time of drilling. The proposed residence is considered feasible from a geotechnical standpoint and can be founded on spread footings placed on the natural subsoils and designed for an allowable bearing pressure of 3500 psf. The footings should also be designed to impose a minimum dead load pressure of 1000 psf. The report which follows describes our investigation, summarizes our findings, and presents our recommendations. It is important that we •provide consultation during design, and field services during construction to review and monitor the implementation of the geotechnical recommendations. """~' If you have any questions regarding this report, please contact us. Sincerely, - CHEN-NORTHERN, INC. I ~ ~~ r Stan Helenschmidt Rev. By: TLA ~" SRH/Ir ' Q~~~~~ ra u•~~r,;ixt: t'~.::rn F-TTN mm~n n; .^.mm~~nrc~c TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY ................. . . . . . . . . . . . ....... 1 PROPOSED CONSTRUCTION ,,,,,,,,,,,,,,,,,,,,,,,,,,, .....,,.. 2 SITE CONDITIONS ................................................ 2 ~" FIELD EXPLORATION AND PERCOLATION TESTING ....... . .......... 3 SUBSURFACE CONDITIONS ...... . ................ ............. 3 DESIGN RECOMMENDATIONS ........ , . ........................... . ~" SEPTIC SYSTEM . 4 ...... ....................... FOUNDATIONS . : 4 ......... ............ F ....................... 4 OUNDATION AND RETAINING WALLS ............ 5 ........... FLOOR SLABS ............... ........ .......... ~ ... UNDERDRAIN SY 6 STEM ............... ...................... . ~.° SITE GRADING . ~ ......... .................................... 7 SURFACE DRAINAGE ............................................. 8 LIMITATIONS .. ....... ........................................... 9 FIGURE 1 -LOCATION OF EXPLORATORY BORINGS FIGURE 2 -LOGS OF EXPLORATORY BORINGS ° FIGURE 3 -LEGEND AND NOTES FIGURE 4 - SWELIrCONSOLIDATION TEST RESULTS FIGURE 5 -SWELL-CONSOLIDTION TEST RESULTS TABLE I -SUMMARY OF LABORATORY TEST RESULTS ~., CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES ~~~1~~~ PURPOSE AND SCOPE OF S'rUDY This report presents the results 'of a subsoil study for a proposed residence to be located on Lot b, Block 5, Filing 1, Brush Creek Village, Colorado. The project site is ~, shown on Fig. 1. The purpose of the study was to evaluate geotechnical feasibility, develop recommendations for the foundation design, and to perform percolation testing. The study ~" was conducted in accordance with. our agreement for geotechnical engineering services to you, dated December 17, 1993. Afield exploration program consisting of exploratory borings was conducted to obtain information on subsurface conditions. Samples obtained. during the field exploration were tested in the laboratory to determine compressibility or swell and other engineering characteristics of the on-site soils. The results of the field exploration and laboratory testing were analyzed to develop recommendations for foundation types, depths and allowable "~' pressures for the proposed building foundation. The resazlts of the field exploration and laboratory testing are presented in the report. This report has been prepared to summarize the dai,a obtained during this study and to present our conclusions and recommendations based on the proposed construction and the subsoil conditions encountered. Design parameters and a discussion of geotechnical engineering considerations related to construction of the proposed residence are included in the report. OOOUO -2- PROPOSED CONSTRUCTION At the time of our study, design plans for the residence had not been developed. Based on our conversations with you, we anticipate the structure will be two-story wood frame over awalk-out basement with a detached garage. Borings were drilled within the anticipated building envelopes as shown on Fig, 1. Grading for the structure is assumed to ,,,~„ be relatively minor with maximum cut depths between about 12 to 14 feet. For the purpose of our analysis, foundation loadings for the structure were assumed to be relatively light and typical of the proposed type of construction. When building location, grading and loading information have been developed, we should be notified to reevaluate the recommendations presented in this report. SITE .CONDITIONS Lot 6 is located near the -south end of Lisa Lane west (uphill] of the street. The lot is currently vacant with utilities constructed to the property lines. Vegetation consists of a moderate growth of deciduous brush. At the time of our subsurface investigation, the site was covered. in snow. The site slopes to the east at an approximate inclination. of 2 to 1 horizontal to vertical. A driveway has been cut into the lower part of the site in a southwest ~""' to northeast direction. A near vertical cut approximately 7 feet high exists adjacent to the lower portion of the driveway. GEOLOGY The site is underlain by overconsolidated clay and sand colluvium which is underlain by claystone of the Mancos Shale Formation. Although landslides have occurred in the Brush Creek area, no evidence of landsliding was observed in our borings nor were signs "~" of slope movement noted at the site. The steep cut at the lower end of the driveway may be prone to instability over time and should be regraded as described in this report. ooooo~ '`" 3 - . FIELD EXPLORATION AND PERCOLATION TESTING The field exploration for the project, was conducted on January 24 and 25, 1994. "' Three exploratory borings were drilled at the locations shown on Fig. 1 to evaluate the °° subsurface conditions. The borings were advanced with 4-inch diameter continuous flight augers powered by atrack-mounted CME-45 drill rig.. The borings were logged by a representative of Chen-Northern, Inc. In addition, three percolation test holes were drilled at the locations indicated on Fig. 1: Samples of the subsoils were taken with 1 3/8-inch and 2-inch I.D. spoon samplers. The samplers were driven into the subsoils at various depths with blows from a 140-pound hammer falling 30 inches. This test is similar to the standard penetration test described by ASTM Method D-1586. The penetration resistance values are an indication of the relative density or consistency of the subsoils. Depths at which the samples were taken. and the penetration resistance values are shown on the Logs of Exploratory Borings, Fig. 2. The samples were returned to our laboratory for review by the project engineer and testing. Percolation test holes were presoaked overnight by filling them completely. Upon inspection the following day, the water had dropped between 0 and 4 inches indicating very poor percolation. Due to the oor abso tion durin P rp g presoaking, further percolation testing was not performed. SUBSURFACE CONDITIONS The subsoil conditions encountered at the site are shown graphically on Fig. 2. The subsoils generally consist of about 1 foot of topsoil overlying over-consolidatd clay and sand colluvium which is in turn underlain by hard claystone. No remolded or sheared soils were encountered in drive samples obtained from the borings. ~"°" Laboratory testing performed on samples obtained from the borings included natural moisture content, density, liquid and plastic limits, gradation analyses and a swell- ~~DQ~~' -4- consolidation test. Results of swell-consolidation testing performed on a relatively undisturbed drive sample of sandy clay soil from Boring 2, presented on Fig. 4, indicate low to moderate compressibility under conditions of loading and wetting. The clay portions of ~"" the subsoils have a slight expansion potential when wetted. under light loading conditions. The laboratory testing is summarized in Table I. No free water was encountered in our borings at the time of drilling. DESIGN RECOMMENDATIONS SEPTIC SYSTEM Due to poor soil percolation characteristics, the site is not considered feasible for a `°'~ conventional leach field disposal system. We recommend that an evaporative system or other alternative be considered for effluent disposal. FOUNDATIONS Considering the subsoil conditions encountered iri the exploratory borings and the nature of the proposed construction, we recommend the building be founded with spread footings bearing on the natural overconsolidated colluviu.m or claystone soils. The design and construction criteria presented below should be observed for a spread footing foundation system. The construction criteria should be considered when preparing project documents. .,, 1) Footings placed on the undisturbed natural soils exclusive of topsoil should be designed for an allowable soil bearing pressure of 3500 psf. Based on experience, we expect settlement of footings designed and constructed as discussed in this section will be about 1 inch or less. 2) The footings should have a minimum width of 16 inches for, continuous walls and 2 feet for isolated pads. To help minimize potential uplifts, a minimum footing dead load of 1000 psf should be maintained. Pad and grade beam construction may be required to achieve the minimum dead load. Wall on-grade construction is not OO~OUfC -S- recommended at this site. 3) Exterior footings and footings beneath unheated areas should be provided with adequate soil cover above their bearing elevation .for frost protection. Placement of `~` foundations at least 48 inches below exterior grade is typically used in this area. 4) Continuous foundation walls should be reinforce;d top and bottom to span an unsupported length of at least 10 feet. Foundation walls acting as retaining structures should also be designed to resist lateral earth pressures as discussed in the "Foundation and Retaining Walls" section of this report. 5) All existing fill, topsoil and any loose or disturbed soils should be removed and the footing bearing level extended down to relatively dense natural granular soils. If water seepage is encountered, the footing areas should be dewatered before concrete ~` placement. ~°" 6) A representative of the soil engineer should observe all footing excavations prior to concrete placement to evaluate bearing conditions. FOUNDATION AND RETAINING WALLS Foundation walls and retaining structures which are laterally supported and can be expected to undergo only a slight amount of deflection should be designed for a lateral earth pressure computed on the basis of an equivalent fluid unit weight of 50 pcf for backfill " consisting of the on-site granular soils. Due to variable.soil conditions, selective grading will be required to stockpile sandy material on-site for later use as backfill. Alternatively, .,,~ imported. granular soil may be utilized for backfill. Cantilevered retaining structures which are separate from the residence and can be expected to de;fleet sufficiently to mobilize the full active earth pressure condition should be designed for a. lateral earth pressure computed " on the basis of an equivalent fluid unit weight of 45 pcf for backfill consisting of the on-site granular soils. All foundation and retaining structures should be designed for appropriate surcharge pressures such as adjacent footings, traffic, construction materials and equipment. The pressures recommended above assume drained conditions behind the walls and a horizontal oooo~f -6- backfill surface. The buildup of water behind a wall or an upward sloping backfill, surface will increase the lateral pressure imposed on a foundation. wall or retaining structure. An underdrain should be provided to prevent hydrostatic pressure buildup behind wails. Backfill should be placed in uniform lifts and compacted to at least 90% of the °° maximum standard Proctor density at a moisture content near optimum. Backfill in pavement areas should be compacted to at least. 9S% of the maximum standard Proctor density. Care should be taken not to overcompact the backfill or use large equipment near the wall since this could cause excessive lateral pressure on the wall. Some settlement of deep foundation wall backfill should be expected even if the material is placed correctly and could result. in distress to facilities constructed on the backfill. The lateral resistance of foundation or retaining wall footings will be a combination '~°"' of the slidizig resistance of the footing on the foundation materials and passive earth -~ pressure against the side of the footing. Resistance to sliding at the bottoms of the footings ,~ , can. be calculated based on a coefficient of friction of 0.3a. Passive pressure against the sides of the footings can be calculated using an equivalent fluid unit weight of 350 pcf. The coefficient of friction and passive pressure values recommended above assume ultimate soil strength. Suitable factors of safety should be included in the design to limit the strain which will occur at the ultimate strength, particularly in the case of passive resistance. Fill placed against the sides of the footings to resift lateral loads should be a granular material compacted to at least 95% of the maximum standard Proctor density at a moisture content near optimum. FLOOR SLABS The natural on-site soils, exclusive of topsoil, are suitable to support lightly to moderately loaded slab-on-grade construction. The on-site clay soils have low expansion potential and differential slab movement could occur if the underslab soils become wet. To reduce the effects of some differential movement, floor slabs should be separated from all ` bearing walls and columns .with expansion joints which allow unrestrained vertical movement. Floor ;slab control joints should be used to reduce damage due to shrinkage oooul -7- cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab. use. A minimum 4-inch layer offree-draining gravel should be placed beneath basement level slabs to facilitate drainage. "~"° This material should consist of minus 2-inch aggregate with less than 50% passing the No. ^~" 4 sieve and less than 2% passing the No. 200 sieve. Ali fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation, topsoil and oversized rock. - UNDERDRAZN SYSTEM Although free water was. not encountered during our exploration, it has been our experience in mountainous areas that local perched groundwater may develop during times of heavy precipitation or seasonal runoff. Frozen ground during spring runoff can also ,,, create a perched condition. We recommend below grade construction, such as retaining walls, crawl space and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the .invert level with free-draining granular material. The drain should '°' be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less ,,,, than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 2 feet deep. SITE GRADING The risk of construction. induced slope instability at the site appears low provided cut and fill depths are limited. We assume the cut depth for the lowest level will not exceed "'" one level, about 12 to 14 feet. Fills should be limited to about 8 to 10 feet deep, Embankment fills should be compacted to at least 95% of the maximum standard Proctor oooo~v -8- density near optimum moisture content. Prior to fill placement, the subgrade should be carefully prepared by removing all vegetation, topsoil and existing fill and compacting to 95% standard Proctor density. The fill should be benched into the portions of the site """" exceeding 20% grade. Permanent unretained cut slopes such as the slope adjacent to the existing driveway should be graded at 1.5 to 1 horizontal to vertical (or flatter) for slopes up to 12 feet in height and 2 to 1 horizontal to vertical for slopes higher than 12 feet. The risk of slope instability will be increased if seepage is encountered in cuts -and flatter slopes may be necessary. If seepage is encountered in permanent cuts, an investigation should be conducted to determine if the seepage will adversely affect the cut stability. Fill slopes should be graded at 2 to 1 horizontal to vertical or flatter. This office should review site "°~`° grading plans for the project prior to construction. Cut slopes should be observed during construction by a representative of this office for possible adversely oriented bedding. SURFACE DRAINAGE The following drainage precautions should be observed during construction .and maintained at all times after the residence has been completed: 1) Excessive wetting or drying of the foundation excavations and underslab areas should be avoided during construction. Drying can increase the expansion potential of the "°`~. on-site clay soils. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in paved areas. Free-draining wall backfill should be capped with about 2 feet of the on-site soils to reduce surface water infiltration. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. a O~ V V l -9- LIMITATIONS .. This report has been prepared in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no other warranty "~"' either expressed or implied. The conclusions and recommendations .submitted in this report ^°~ are based upon the data obtained from the exploratory borings drilled at the locations ,,,~., indicated on Fig. 1, the proposed type of construction and our experience in the area. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory borings and variations in the subsurface conditions may not become evident - until. excavation is performed. If conditions encountered during construction appear to be different from those described in this report, we should be: notified at once so re-evaluation of the recommendations may be made. ~~, This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others of our exploratory information which has not been described or documented in this report. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications of the recommc~ndations presented herein. VVe recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the soil engineer. Sincerely, CHEN-NORTHERN, INC. Stan Helen~ssc.-him-idt Reviewed,-Ev: Thomas L. Al1en,~?. OHU.~ ,~».. ~~ ~F~~,fe~ . .,r.® 28301 ,~ --/1- ~~ ° ~ o®,~,; a~®m ®~~• 8020 8040 ~ 8060 '~ 8080 ~- 8100 ooooi ~ i^ ~ ~ ~ crwvLH ~ iviv vLt 7 ~ 8120 BORING 2 ~- - - ~{ BORING 3 8140 ~~ 1 _ ' PERCOLATI N HOLE 3 BORING 1 ~ -8160 PR OSED UILDINGS ~'' ~/"-~-~ 8180 PROPERTY BOUNDARIES 4 173 94 ~ Chen~Northern,Inc. I LOCA170N OF EXPLORF~TORY BORINGS ~ F,9, 1 wa r~~.a ruw~p. ae w, ~mm, Np~R men^^d r 1333 - H1.d30 O ~ O v) O ~ M M N N M J O~ S ~ 0 ~~ c.r ~e:•:~ F j J J O W U K W d N O t.~ O O ~ S O F w J J W O V IC W a ~ o O 0 x m P j ~~ 4•:.~ <.•:.~~ O W ~ w ~ q, n v ~ O .~. m p N } I _ 4 N m ~ N m ~ n OO N m U4 N q N N ~ V. ~ ~ ~3 ~ ~ a ~ ~ ~~ ~a l~.v~ `~t.•: ~ w•:~ w•: ~ Y:.. .. •.. m w O~NNN O 'n o N ~ ~ ~ ° u ~ ~ M~° ~ ~ ° ~ ° ~ N N ~ o~a ~ v ~ ~ o n ~ O n r'1 n 11 f'-'1 r~~~ r~~~:~r:r o j . m W W ~ ~ m m~ ~ m N tl ~ o m _ N ~ \ m p p U n O .- - O ^ ~ - p O - ~ r t r ,. ° m W W ri c O d m m a O 01 O O 0 c a W O Z O ~ O ~ O ~ N N ~ ~.~j 0 O O ~ 1 1334 - Hld3Q N N U' 2 K O m } O O a x W t~ O y C9 O J c3 c r L OJ ~Z • ~/ v rn n v LEGEN D TOPSOIL; silty sand, soft, loose, dry to slightly moist, light brown to brown. CLAY (CL); silty, soft to firm, dry to sligh#ly moist, tan to brown. CLAY AND SAND (CL-SC); gravelly, overconsofidated colluvium, dense to very dense, slightly moist, gray to brown. CLAYSTONE BEDROCK, with sandstone and shale, dense to very dense, slightly moist, brown to greenish gray. Drive Sample, 2-inch I.D. California liner sample. Drive Sample, Standard Penetration Test, 1 3/8-inch split spoon sample. Drive sample blow count. Indicates that 74 blows of a 140- 74/12 pound hammer falling 30 inches were required to drive the California sampler 12 inches. NOTES 1. Exploratory borings were drilled on January 24 & 25, 1994, with a 4-inch diameter continuous flight power auger. 2. Locations of exploratory borings ,were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory borings were obtained by interpolation between contours on the plan provided. 4. The exploratory boring locations and elevations ;>houid be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory boring logs represent the approximate boundaries between material types and the transitions may be gradual. 6. Ground water was not encountered in the borings at the time of drilling. LABORATORY TESTING RESULTS WC=Water Content {%) -200=Percentage passing No. 200 sieve DD=Dry Density {pc#) LL=Liquid Limit {~) +4=Percentage retoined on #4 sieve P1=Fl~sticity Index (~) 0~~~1~~. ,,,~, I 4 173 94 ~ Chen~Northern, InC. + LENGEND AND NOTES F,9. ~ I I ~ 2 0 .'.., c ~ 1 x w ~ i 0 0 c 0 '~, 1 m a ~ 2 0 1O0Q~r' 0.7 1.0 10 700 .`.4 173 94_ ~Chen~NOrthern,IriG SWELL-CONSOI_IDATiON TEST RESULTS Fiy. 4 I .. Moisture Content = Ory Unit Weight = Sample of: C ldy and r=rom: ,goring 2 at 9 percent ~ ZS pcf send 5 feet I Expansion under const t an pressure due to wetting I ~ e r+M aka m ~,w, ~* ~.~ , ~:,_, (7 Z N y a a H Z w U W a ~ v~r.rv~c i cn yr rAH I IDLE IN MILLIMETERS CLAY TO SILT ~ SAND GRAVEL ' FINE. MEDIUM r`r~ARSE FINE ~ COARSECOBBLES GRAVEL 3 ~(" % SAND 33 % SILT AND CLAY 36 % LIQUID LIMIT _ ~0 PLASTICITY 1NDcX _ SAMPLE OF sandy clay wit~~ gravel FROM :Boring 3 at 11 feet C7 Z Q a I-- z w U w a W Z Q F w t- Z W U -- `''" 152 DIAMETER OF PARTICLE IN MILLIMETERS CLAY TO SILT ( SAND GRAVEL FINE MEDIUM TCOARSE FIN£ ~ COARSE COBBLES GRAVEL % SAND % SILT AND CLAY ry° LIQUID LIMIT ~' PLASTICITY INDEX ~0 SAMPLE OF FROM Q~O~ 173 94 ' ~Chen~Northern,Inc. Y GRADATION TEST RESULTS Fi . 9 5 _.. I i HYDROMETER ANALYSIS SIEVE ANALYSIS r TIME READINGS U. S. ST ANDARDSERIES ~'T CLEAR SQUARE UPENINGS 24 HA. 7 HR. f 45 MIN. 15 MIN. fi0 MM. 19 MINA MIN. 1 MIN. '200 •100 •sa 'an •~n •,a t(1. 1 HYDROMETER ANALYSIS ( SIEVE ANALYSIS TIME READINGS ~ U.S. STANDARD SERIES i CLEAR SOUAAE OPENINGS 24 HR. 7 HR. ~mr.~ rt+vAmm t «areu ~+ a w F+~ '~ (tea wwM ~~ z W ~ rn a ~ M ~ H o Ho z z a o w w U ~ `' a mvw+mr ~~ O~OV~~ . ~+ ;F ~ ~:'. v:~ ~ ~ N . N W __ .; ..~ .. O h O ~ C ~ u ~ 4' ~ ~ U ~ U ~ U ~ y ~ U ~:: ,~ ~. .. ~: ~~ ~ ~~~ ~~ >, V ~' r~ ... ~ ~~ ..., N t*i :aa a x ~ °c wzH '> ~ :~;:~ ~~ ~ A d~ ~ Q ._ '~ _ : '%: ~ <:'~ 2::': ~: a . ,, H ~ ^ FA~~< ,:fY. ~ N ~ » N z. `i c z ~N moo ~~~ o ~~ ~ ~ `' . . .CY _. p ,Q ~ ~ .... N M A7 ..'i!i Chen-Northern, Inc. OSSIFICATION OF SOILS FOR ENGINEERING PURPOSES ..~~•~.,° .K HIH y.woo~aomw"••, ASTM Designation: D 2487 - 83 ~, (Based on Unified Soil Classification System) Criteria for Assigning Soil Classification Group Symbols and Group Names Using Laboratory Tests" Grou "~'" p Symbol , Name '°"°°" Coarse-Grained Soils More than 50% retained on Gravels More thari 50% coarse Clean Gravels > ° ° Cu_4 and 1 <Cc<3` GW Less than 5 / fi Well graded gravel` No. 200 sieve fraction retained on o nes . No. 4 sieve Cu<4 and/or 1>Cc>3r GP Poorly graded gravel` `~~ Gravels with Fines ° Fines classify as ML or MH GM More than t2 /o fines Sllt ° " y gravel` _~••+ Fines classify as CL or CH GC Clayey gravel` ° " ~* Sands 50%° or more of coarse Clean Sands Cu?6 and 1<Cc<_3` - SW Less than 5% fines° Welt-graded sand' traction passes No. 4 sieve Cu<6 and/or t>Cc>3` SP poor) y graded sand' °"°"" Sands with Fines Fines classify as ML or MH SM More than 12%fines° Silty sand°"' ~. Fines classify as CL or CH SC Clayey sand° "' °" Fine-Grained Soils 50% or more passes the Silts and Cla s Liquid limit less than 50 inorganic PI>7 and plots on or above CL " " Lean clay" ` ° ° ^^ No- 200 sieve A line' ~'"" PI<4 or plots below "A" ML Silt" ` " line' organic Liquid limit -oven dried , OL 0 75 Organic clay" "" " . Liquid limit -not dried X . M ° Organic silt" ""^ Silts and Clays Liquid limit 50 or more inorganic PI plots on or above "A" line CH Fat cla y` ` "' PI plots below "A" line MH Elastic silt" `" organic Liquid limit - oven dried<0 75 OH Organic clay` `"' ° ~. Liquid limit -not dried Highly organic soils Primarily organic matter, dark in color, and organic odor 'Based on the material passing the 3-in. (75-mm) sieve ,~,,, 'If field sample contained cobbles or boulders, or both, add "with cobbles or boulders, or both" to group name. `Gravels with 5 to 12%fines require dual symbols: „~ra~. GW-GM well-graded gravel with sift GWGC well~raded gravel with clay GP-GM poorly graded gravel with silt GP-GC poorly gradetl gravel with clay °Sands with S to t2%fines require tlual symbols: SW-SM well-graded sand with silt „„ SW-SC well-graded sand with clay SP-SM poorly graded sand with silf SP-SC poorly graded sand with clay ' eo .w.e 2 v, 60 "'~" n w 40 U a 20 ~:~ 0 D 2 a x u i = 0.075 ~ I I I I I ~ ,a s ,.a o.s o.,o J('~~ PARTICLEnJSIZE IN MILLIMETERS eon ~~ `_ ~.O O,~ iJ f.~ ,. Cu _ = 200 C = IOs:)`_ 12.Si. D.r 0.075 t p,r. ~Osr 0.075•,5 -5.6 D,° • p~ 'll soil contains ?75%sand, add "with sand" td group name. °If fines Glassily as CL-ML, use dual symbol GC-G M, or SC-SM. "Ii fines are organic, add "with organic tines" to group name. 'It soil contains ?15% gravel, add "with gravel" to group name. Organic silt' `" ° PT Peat 'If Atterberg limits plot in hatched area, soil is a CL-ML, Bitty clay. 'It soil contains 15 to 29% plus No. 200, add "with sand" or "'with gravel", whichever is predominant. 'It soil contains ?30%plus No. 200, predominantly sand. add "santly" to group name. "If soil contains ?30% plus No. 200, predominantly gravel, add "gravelly" to group name. ' "Pt?4 and plots on or above "A" line. °PI<4 ar plots below "A" line. 'PI plots on or above "A" line. °Po plots below "A" line. sc for classificatlcn of flneyratned soils and ~ 50 floe-grained fractlon of coarse-grained I ///~ I ~ ///~~( Bolls I , (/ Equation of -A"-tine tv ~ /( d Fbrizontal at PI = 4 to LL = 25.5. ~~% k then PI = 0.73 (LL-20) I ,J / ~ ~~ I,' P V~~ I X GO ~ I LU Equabon of "U"dine / .f6 ~~~. I ~ Vertical at LL = 16 t0 PI = 7,/ I / 1 //Iiy I then PI = 09 (LL-8) / G ~ 30 / Z / II I I I Q 20 /I / / / ~~~` J I I I 1 a ,o /I / ~ ~C I I M" j OH _ ''G~ III I ~ /I ,1 4 CL-MLI i ML iR OL I I I ~~r 1111 0 l0 t6 20 30 , 40 50 80 70 80 90 100 110 LIQUID LIMIT (LL) SIEVE ANALYSIS SCREEN - IN ~ SIEVE NO. ,00 3 21 h t 8 k 4 70 20 40 so ,en ~m ""~° Attachment C PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY ''° PLANNER: Ezra Louthis DATE: 5/6/06 PHONE: 920-5092 E-MAIL: ezral aC~.co.oitkin.co.us ZONE: AFR-10 LOCATION: Lot 6, Block 5, Brush Creek Village PARCEL ID #: 2643-282-04-009 OWNER/APPLICANT: George Benninghoff 32 Tulip Street, ~--- Summit NJ 07901, (908) 273-4576 REPRESENTATIVE: Brian McNeillis (BlueGreen) PHONE: (970) 429-7499 300 S. Spring St. Suite 202, `°"°" Aspen, CO 81611, ~, Type of Application: 1041 Hazard Review, Ridgeline Review (pre-app subject to change after adoption of the new land use code). Description of Project/Development: Applicant desires to establish. a building envelope for a new residence. NOTE: This property is subject to the Brush Creek Metro District/Pitkin County IGA and must be scheduled accordingly. Pitkin County Land Use Code: • Subsec. 3-60-040: Scenic Overlay (The property is mapped for Ridgeline Review). „„ • Subsec. 3-80-050(C)(1)(c): Development Standards for Potentially Unstable Slopes (Applicant should address development on slopes > 15%). • Subsec. 3-80-070: Wildfire Hazard Areas (The property is mapped as "Low Hazard" but is in proximity to "Severe Hazard: Brush"; applicant may want to consult with a County- ,. certified wildfire expert on appropriate wildfire mitigation measures). Review By: One-Step Review by Hearing Officer. Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners ""`~ and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the "`" Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. Staff Will Refer Application To: Brush Creek Metro District, Aspen Fire. ~.~~ ~. oooo~~v .. FEE: 2 290 (make check payable to "Pitkin County Treasurer"). The Fee includes a $2,240 Planning Flat Fee (which is non-refundable and based on 10 hours of staff time; if staff review time exceeds. 12 hours, the applicant will be charged for time in excess of ~"" 10 hours at a rate of $224 per hour), and a $50 publication fee. '~'°" The Hearing Officer's review time will be billed at the rate of $175/hour at the conclusion of the review process. ~,,, To apply, submit the Fee specified above and 4 conies of each of the following documents (unless otherwise specified): 1. Letter of request and ancillary material (e.g., photos, architectural drawings) ~,~. addressing, in detail, each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met (only 3 copies of Scenic Review materials are required); 2. Consent from the owner of the property for the representative named. above to process ~^ the application and represent the owner (1 copy); 3. Disclosure and proof of ownership of the property complying with Subsec. 5-70-020(D) °~.' (1 copy); 4. Street address and parcel description, including legal description, and 8-1/2"x 11" '""° vicinity map locating the subject property within Pitkin County; 5. Draft 24" x 36" 1041 Hazard Review Site Plan (paper, not mylar) prepared in "` accordance with the requirements of Subsecs. 3-80-050(C)(1)(b) and 5-70-040; 6. Executed Pitkin County Community Development Agreement for Payment of Land Use ~. Application Fees form (1 copy); 7. List of adjacent property owners and mineral estate owners (1 copy); and 8. This Pre-Application Conference Summary Sheet. NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). ALL 24" x 36" SITE PLANS MUST BE FOLDED. THE PARCEL lD SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - The Pitkin County Land Use Code is available on-line at www. aspenaitkin. com. ~""" This Pre-Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staff's interpretations based upon representations of the applicant's representative. Additional information maybe required upon a complete ' review of the application and site visit(s). 00002 2 ~, .~ 0 c~ a 0 ~. =v o ~ ~~ R7 ~ ~ CJ 9D 'J Q3 ~ ~. ~ ~ sa "~ 3 ~, .~ css g 0 ~, ooou2 May 24, 2006 Michael Kraemer Pitkin County Community Development Department 130 Galena Avenue Aspen Colorado 81611 Via hand delivery RE: Lot 6, Block 5 Brush Creek Village Residence-Representative Dear Mr. Kraemer: We authorize Bluegreen to act on our behalf for the submission and presentation of a 1041 Hazard. Review for Lot 6, Block 5 Brush Creek Village, Pitkin County Colorado. Sinc ly, George Benninghoff ~.~,. "~.~. fj„'SL, ~1~ , , -`ms`s ~ ~` "~~" ,~.~-_ C.AND TITLE GUARANTEE COMPANY OWNERSHIP AND ENCUMBRANCE REPORT Our Order No. Q388005 This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and not by the names of grantor or grantee. Consequently, the information as to record owner is taken from the most recent recorded Vesting Deed, and the information as to existing encumbrances reflects only those documents of record which specifically describe the subject property by legal description. Encumbrances not included are those of record which refer to the owner of the property or any other person havingan interesttherein which are filed by name only and do not include the legal description of the property. No information is furnished relative to easements, covenants, conditions and restrictions. This report does not include the results of any search under the names of the property owner(s) or the general index. Should such a search be desired please contact ixs for a separate general index report. Liability of Land Title Gbarantee Company under this Owner and Encumbrance report is lirnitecl to the fee received. This Report is dated: MAY 25, 2006 AT 5:00 P.M. Address: 127 TABULA RASA LANE ASPEN, CO 81611 Legal Description: LOT 6, BLOCK 5, BRUSH CREEK VILLAGE SUBDIVISION, FILING NO. 1. COUNTY OF PITKTN, STATE OF COLORADO.. Record Owner: GEORGE BENNINGHOFF AND PATRICIA BENNINGHOFF Recorded date of deed in to above owner: FEBRUARY 17, 1994 Documentary Fee on above cleezl: ~ $22.00 We find the following documents of record: affecting subject property:. THERE ARE NONE. c J ___.- Authorized Officer or Agent OC~OU~~ WARRA.NT~-SEED THIS DEED, made this 17 day of FEBRUARY 1994, between MART(I,N HOROWITZ t OF THE COUNTY OF~/,~'F-~ STATE OF ~~ ~p rq ~(,~ ~± GRANTOR, ~~~!!! GEORGE $ENNINGHOFF, AND PATRICIA BENNINGHOFF, as joint tenants GRANTEE as . Du whose legal address is : 3~ -7'~~'~'~ s.~ Jc.t +'Yi mr~- N~ (>7 ~L) J l WITNES58TFI, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the City of County of pitkin, State of COLORADO, described as follows: LOT 6, BLOCK 5, BRUSH CREEK VILLAGE SUBDIVISION, FILING N0. 1, COUNTY OF PITKIN, STATE DF COLORADO. TOGSTHFs'R with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO KAVL AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. ~~ And the Grantor, for himself, his heirs, and personal representatives, does `~ covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing delivery of the well seized of the premises above conveyed, has good, sure,pperfect, he is absolute and indefeasible estate of inheritance, in law, in fee simple, j~ 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 fzee and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "B" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT ARID FOR~R DEFFsND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs 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 he singular, and the use of gender shall b licable to all genders . /"'o, 00002 MARTIN HOROWI"TZ ~.-'~ ~~ R' _ T~, ~'UBLt~- ~ STATE OF ~ ~~ C~~ coLrNTY of .~ ~~.~~~, } ss . My Commission Expires Juiy 29,1995 The foregoing instrument was acknowledged before me this 17 day of t~.c.~ 19~~ by MARTIN HOROWITZ /",: WITNESS my hand and official seal ,~;~,;,,~,~~,~,_ ~' ~ ~.-},~ ~'~._. my commission expires: n Notary Public tH ~; .~ $8 t4b 3b8 Q3 0 ~. a~ U 0 ¢5 ,~ ~~ 0 0 a a ~, ~, ~, .~ .~ c~ 0 M ooou2~ Adiacent Property Owners: James Benson P.O. Box 6030 " Snowmass Village, CO 81615 Stone DN & Family JM c/o Pierre Famille Inc. 600 E. Cooper Ave. Aspen, CO 81611 Donald Stone Family 600 E. Cooper Aspen, CO 81611 James Smith 37 Hazel Ave. Mill Valley, CA 94941 Peter Droste P.O. Box 6697 Snowmass Village, CO 81615 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND `USE APPLICATION FEES PTTKIN COUNTY (hereinafter COUNTY) and ~~ aeG ',~ (hereinafter APPLICANT) AGREE AS FOLLOWS: L~~N-t~-,~•~~~' - 1 APPLICANT has submitted to COUNTY an application for ~0 +~ (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in fiill, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred ire providing such services to the public. :~. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be'possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on -hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for.the additional time.spent. Such periodic payments shaII be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension vfprocessing. PITHIN COUNTY ~ ~~- " ~rhE i~ tN f'~'`~ ~' APPLICANT Cin ~~D~Z~ ~~t~C-~ l N ~ ., ~~ dy Houben Community Development Director Pr ame _ ,~~ Signa ~ure Date: ~U~~ ~~, olC~plo _ Q Q Q Q~~ Mailing Address: _ ,~;-~ ~1"u~.,,o S t ~~.tM M i R'. 1~ {'.,~ ~C~ C7 r Effective 5/25/05 _ G:county\admin\forms\agreement to pay ..~ .,.~. ~ ~,~e~,~. ,,_„ ~, P~.JBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on April 17, 2007, the Hearing Officer of Pitkin County granted approval for the Benninghoff 1041 Hazard Review & Ridgeline .Review (Determination No. 12-2007; Case No. P168-06). The property is located on Tabula Rasa Lane and is legally described as. Lot 6, Block 5, Filing 1, Brush Creek. Village. The State Parcel Identification Number for the property is 2643-282-04-009. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. s/James True Hearing Officer Pitkin County, Colorado Published in the Aspen Times Weekly, on May 6, 2007. ~. 1 ~ 1~~~ 45 ~~ `-1 f ~ I~ PUBLIC NOTICE RE: Benninghoff 1041 Hazard Review & Ridgeline Review (CASE P168-06) NOTICE IS HEREBY GIVEN that a public hearing will be-held on Tuesday, March 20, 2007 to begin at 3:00 P.M., or as soon thereafter as the conduct of business allows, at the Rio. Grande Conference Room, 455 Rio Grande Place, Aspen before the Pitkin County Hearing Officer,. to consider an .application submitted. by George .Benninghoff (32 Tulip Street, Summit, NJ 07907) to establish a building envelope- for a new residence. The property is located on Tabula Rasa Lane and is legally .described as Lot 6, Block 5, Filing 1, Brush Creek Village. The State Parcel Identification Number for the property is 2643-282-04-009. The application is available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Ezra Louthis at (970) 920-5092. s/James True Pitkin County Hearing Officer Published in The Aspen Times Weekly on February 18; 2007. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all adjacent property owners and mineral estate owners at least 30 days prior to the. hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice (Code Section 2-20-100) by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pickup Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing., date ~~ ~~~~~~~~~ ZI~~~ ~ ~"" ,~ PITKIN COUN'~ ~ COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 July 20, 2006 Brian McNellis 300 South Spring Street, Suite 2 Aspen, COS 1611 Re: Benninghoff 1041 Hazard Review & Ridgeline Review (PID 2643-282-04-009; Case P168-06) Dear Mr. McNellis: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will~request the information from you directly. We have scheduled this application for review at a public hearing by the Pitkin County Hearing Officer on Tuesday, December 19, 2006, at a meeting to begin at 3:00 p.m. in the Pitkin County Courthouse Conference Room, 506 East Main Street, Aspen, Colorado. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please be aware that the Hearing Officer will be billed at $175 per hour. Please note that it is your responsibility to post a public notice sign on the property at least 15 days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department). The names and addresses. shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit (Code Section 4-90) ''"' PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 October 18, 2006 Brian McNellis 300 South Spring Street, Suite 202 Aspen, CO 81611 Re: Benninghoff 1041 Hazard Review & Ridgeline Review (PID# 2643-282-04-009; CASE# P168-06) Dear Mr. McNellis: This application has been rescheduled for review by the Pitkin County Hearing Officer on Tuesday, March 20, 2005, at a meeting to begin at 3:00 p.m. in the Rio Grande Conference Room, 455 Rio Grande. Aspen, CO. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Community Development Office. If you have any questions, please call Ezra Louthis, the planner assigned to your case, at 920-5092. Sincerely; Bonnie Waechtler Administrative Assistant PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Brush Creek Metro District Aspen Fire Department FROM: Ezra Louthis, Community Development Department RE: Benninghoff 1041 Hazard Review & Ridgeline Review, (PID 2643-282-04-009; & Case P168-06) DATE: July 20, 2006 Attached for your review and comments are materials for an application submitted by George Benninghoff. The Pitkin County Hearing Officer will review the application on Tuesday, December 19, 2006. Please return your comments to me by Friday, December 1, 2006. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Aspen Fire Protection Distric# 420 East Hopkins Avenue Aspen, CO 81611 970-9252690 Memo Ta Ezra Louthis, Community Development Department From: Ed Van Walraven, fire Marshal CC: November 29, 2006 Re: BenninghOff, PtD 2643-282-04-009; Case P168-06 Ezra, This project shall meet aA of the codes and requirements of the Aspen Fire Protection District This indludes but is not limited to Fire Department Access (fntemational Fire Code 2003 r dition Section 503); Turning around of fire apparatus (IFC Section 503.2.5), an approved fire sprinkler system shall be provided (it=G as amended Section 903), Water supply, a minimum of 20,000 gallons (IFC Section 508), and detailed wildfire mitigation plans for both landscaping and structural standpoints shall be submitted. Confirmation of proximity to a fire hydrant wilt mitigate the 20,000 gapan water supply requirement. Please have the applicant contact the Fire Marshal's Office: for specifications on the above requirements. Thank you, Ed 1 ,. ~" ~ ~.,~ ~ µ a CONIMLTNITY DEVELOPMENT DEPARTMENT i- 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment ~;. 159 County Land Use Code `„~ ~ .- ~µ; 174 Flat Fee `~'"~ `"~ ~' ' 162 Zoning and Sign 169 Public Notice- ""~ _ ~ i 160 Planning Enforcement ~ 175 Hearing Officer _ Referral Fees: '~i 210 ~'PQrt LUC01 County Clerk {I 211 County Engineer _ 194 Environmental .Health 2pg Historic ~ ,' 198 Housing "_ 1 190 Land Management. 20g Redstone HPC _ '! f` 206.. Wildlife Officer Building Fees: 170 Board of Appeals , ` 105 Building_Permt 120 Electrical Permit 195. Energy Gode Review 115 Mechanical Permit '.I 150 Plan Check 1 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal. ~ j 158 BFD Fire Marshal ~Jj // F Other Fees: ~/~ 155 Use Tax ~; 165 GoPy - ~' PZ005 Master Plan Copy .~ 185 Park Dedication ~' `. fE lS GIS Requirements.. ~ [" 161 Housing, Impact Fee 51202 Road Impact Fee B1203 School Impact Fee ~ , ~~,, TOTAL ""~ I ~ I~ i ~~ F ~ ~ ~ ~ ~ ~ ~y ~ 1tTAME' ~ , ,~- ~, } , i ADDRESS/PROJECT ~ ~ ~~ . ~ "`,~ ~ PHONEi_ ,..~ :,_ F CHECI{# t CASE /PERMIT#: ' DATE:. ~~ s _. ~__ II ~~~ "_. i i ail I. I .. I. II VIL. I.... _. ~~ .. COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 Pitkin County Land Use: 172 Board of Adjustment 159 County Land Use Code 174 Flat Fee 162 Zoning and Sign 169 Public Notice+ 160 Planning Enforcement 175 Hearing Officer Referral Fees: 210 Airport LUCO1 County Clerk 193 County Engineer 194 Environmental Health 208 Historic 198 Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 105 Building Permit 120 Electrical Permit 195 Enemy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 152 AVFD Fire Marshal 158 BFD Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy 185 Park Dedication IS GIS Requirements 161 Housing Impact Fee B 1202 Road Impact Fee B 1203 School Impact Fee EH025 Air Quality Impact Fee Other TOTAL _-~ • ~ Q ---~~ .sue NAME: ADDRESS/PROJECT: U PHONE: CHECK# (_~ I'n CASE/PERMIT#: '1' J ~s/ ~'~"Q DATE: INITIAL: