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HomeMy WebLinkAboutpitkin.planning.246512000000DOCUMENT 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) ',- ~e,"MY ,, 1. C7k 2465-12 DA'1'~: ~~~~~ ~(;Q~ C,A',~NQ P113-90 ~G~'e9E~NAtr~• Rolzm Minor 1041 Hazard Review PLNR:~~ ~i: .. ,. ~. ,~~ - '. kL ~~ GSIZ,~"- PHN'1 I~R~±R PH_ G C1~4TE'-fIFFH!~A6:eAC~1. "IC~: ~~y10/2/1990 No ., .,.. .: ~ - --- $Gt-~Resac , No No :' 9O~OOid: ~~~~ _._., ~ ~' ous:~'"~""- PZ: ~~~ HRG OFF. ~-~ ~ r~~r MO NJDEX: ~~ ' AOFdlN: Steff Approval PU4T{814p(;): B25 P32 #327442 ADMIN INpF«X; Eh~ , ,V~tEYQ3iR~~~~~ 041 HR]AYIV Roviow .; fw~StG.'ftihlC. MEMORANDUM TO: Rolzin File FROM: Ellen Sassano, Planning Office auk-ta RE: Rolzin. Minor 1041/Category 2 Exemption DATE: October 2, 1990 ----------------------------------------------------------------- ----------------------------------------------------------------- IACATION: Emma. property, just west of red brick building on north side of Highway 82; SW 1/4, SW 1/4, Section 12, Township 8 South, Range 87 West ZONING: AF-1 REQUEST: Dean Rolzin is requesting approval of a Minor 1041 Environmental Hazard Review/Category 2 Exemption. He is proposing to construct a single family home on a lot which is approximately 4 acres in size. 1041 REVIEW The lot is encumbered by the Roaring Fork River floodplain and slopes exceeding 30% in grade. There is mapped elk and deer winter range on site. However, the Division of Wildlife has indicated that a mapping error has occurred and that .this.-site should not have been included. in mapping as habitat.. The proposed building envelope. is located outside. of hazard areas on site. The Division of wildlife has made note of the fact that there is valuable riparian habitat associated with the Roaring Fork River which passes through the site. It is recommended that no habitat be altered in this riparian zone. Pursuant to section 5-107.2 (f) of the Code, the applicant will be required to establish a 20 foot stream setback from.. the River, which is to be maintained in it's natural state. The setback is to be measured horizontally from the mean identifiable high water mark of the River. The setback will be noted on the site plan. As the river is well below the building site,' and is separated by a steep embankment from the site, construction of .the residence should in no way encroach upon the riparian zone. The applicant agrees to maintain the riparian zone in it's natural state. Randy Cote has also requested an access easement across the applicant's property to the Roaring Fork River on the old, (north), Highway 82 side of the River. The River and old Highway are both located on the Eagle County side of the applicant's property. However, the applicant agrees to discuss .the requested easement with the Division of Wildlife, and perhaps to ,grant an easement to Eagle County. The proposed building envelope is located well. above the µy floodplain, more or less in the center of the lot,, in an area which is relatively flat: The building area is less than 15~ in grade. 'The applicant proposes to remove as 'little existing vegetation as possible in construction, The site is to be acoessed off of Highway 82. The applicant has received an access permit from the State Highway Department. Said permit has been approved by the County Engineer, and is included. as part of this file.. BUILDING PERMIT EXEMPTION REVIEW Pursuant to Section 18-2.5 of the Code, the applicant has addressed proposed water supply and waste water disposal for the site. Water to the site-.-is to be. provided by a well for which a permit has.. been... obtained. from the State Division of Water Resources. Said .permit is included as part of this file. The applicant proposes a septic system for sewage disposal. Prior to issuance of a building `permit, the applicant will be required to obtain approval for .the system from the Environmental Health Department. FINDING: 1) The proposed building envelope is located outside of 1041 hazards which exist on site. 2) The applicant has provided a site plan for sign-off. Prior to recording, the applican£ agrees to`amend the site plan in the following manner: a) A note shall be added which indicates that a 20' stream setback shall. be established and maintained in it's natural state. Said setback shall be measured horizontally from the mean identifiable high water mark of the river. 3) The County Attorney is satisfied that the property was legally created and has not merged with any contiguous lots. 4) The applicant has addressed the category 2 exemption criteria for land use. RECO1'Il~SENDATION c Sections 5-400.3(b) and 5-400.5(b) of the Land Use Code provide that the. Planning Director is authorized to, approve a site plan and application for a Minor 1041 Hazard .review. Based on the findings referenced above, Staff recommends: approval of the Rolzin 1041 Minor Hazard Review and Category 2 Exemption. Said approval is subject to the recommendations listed below. This memo will serve as a reference document authorizing approval of said application. Planning Director's sign-off on a 1041 Review 2 n c-~ Site Plan is also necessary for completion of the administrative review process. The Site Plan shall be recorded in the Clerk & Recorder's office. A gopy shall be placed in the file. CONDITIONS OF APPROVAL: 1. All conditions are to be shown on the site plan. Conditions are as follows: a. Prior to issuance of a building permit, the applicant shall obtain setback variances from the Board of Adjustment. b. Prior to issuance of a building permit, the applicant shall install a waste disposal system which meets the approval of the Environmental Health Department.. c. A 20' stream setback shall be established and maintained in it's natural state. Said setback shall be measured horizontally from the mean identifiable high water ;mark of the Roaring Fork River, and identified on the site plan. 2. Prior to recording, the applicant shall amend the site plan to include the following: a. The applicant shall amend the title to include. the applicant's name and to reflect the fact that the review is a "Minor" review. b. A vicinity map shall be added to the site plan. Pursuant to Sections 5-400-.3(b) and 5-400.5(b) of the Land Use Code, the Planning Director hereby approves the Rolzin Minor 1041 Hazard Review. ~ . ,~~ Amy Margert Planning Dir for ELS MEMO_ROLZIN_MINOR1041 _3 STATE OF COLORADO - Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Perry D. Olson, Director 6060 Broadway Denver, Colorado 60216 Telephone: (303) 297-7192 August 22, 1990 Ellen Sassano Pitkin County Planners 130 So. Galena Aspen, CO 81611 RE: Rolzin Property Emma REFER TO: r~~G ~awv ~u~S-~a This .parcel does not lie within any critical winter ranges or migration corridor. It does, however, contain valuable riparian habitat. I would recommend that N0 habitat be altered in this riparian zone. _ It would be nice to get access easement to the Roaring Fork on the old (N) Hwy 82 side of the river. Sincerely, r ~~ t k"Randy Cote District Wildlife Manager,Aspen RC/lmp .DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, George VanDenBerg, Chairman . Robert LFreidenberger;ViceChanman • William R. Hegberg, Secretary Eldon W. Cooper, Member . Rebecca L. Frank, Member . Dennis Luttrell, Member-• Gene B. Peterson, Member . Larry M. Wright, Member / .3, " ."qr o's~ `~"'~ ~„ °~ `~. °~'s ,`k'W'. `z.~~+ r^'ro ~t.-~^-t, .~ ~5~ ... ~`'~a"~` e o- K i^°'^~M r s.X ~ ~ t - ~ .~...:.a.,~.~. .„ ,_-.~. ,. _... ,. ~;..~. t ria COA`IFS ~ ... _ .. ~ . v ~ s - ass _. v,N,. ~M~,~.~~ ~ __ ~ ..,r_ .. _° ~~.. r .__r ~.r ,. w. ~,_..y. iteal~E®tale'"~Rautals • PropeNyMaaagamenf _ - ' August °25, 1990 Ellen ~as"~ano ~ _ ., „. . v- _ . ' . _ , ..._ _ Aspen/Pitkin Co Planning Department 13"0 S. :G'alena Street _ ~, ..-.:. ~ ,.. _, _~ ,_~ w. w _ _ , , .m ... ~~° Asp°en; C'O 8111 ~ "~ ` RE; 1041 Minor Hazard Review Dean Rolzrn Property;°Emma dust West of red brick building on nor't"~""s~ic a of H`ig~iway. - ` Dear Ellen: Attached to this letter per"the enclosed ijre Application .~., ,~...~w.,~.__>w_~,....,~.. .,..,.. _ ~~ , Cgn°feren°ce ,Summ'ar'~`~~~"e':._,.,~..,~, a, . .w ,,". _, .. i) The site plan for the abover"eferenced,proper"ty showing proposed building enveloope' drainageways, contours,'floodplain, and proposed access to, building envelope: "`°"°"`~`~'"""`~~"~"•'"`""~'°°'°""~'~"'"m"""~"'""" As `indicated on~the plan, the prtlpds~d building envelope is ' located more or ,less in the center `of 't~ie~~ lof w-hicfi is flat ' and level; with a portion to be to ateco'n_ the _° , rs con our , , .~ g ~ _ ~-.-~-...~ ~~ wHch in no way. encompasses the 3~~,slopes. We `anticipate that tree'and scrub-,removal at that point will be minimal to, ..~ _, maintain the natural s grounds in°as mucfi of their present integrity as possible. The propel d impr"ovemen "t will be a one=story residence and°iaiT.~°Te hurt to',_favorably` and minimally' impact tTie`°area°:°°`Per y+bu"ru"si'imin"a~`~"`~omYnent, "BuiS:dng"envelope islocated out"side ofhazard areas." 2) Copy 'of Highway Access 'l~er'"it- #390069.' "` " '" ~ ` ` ~° `` 3") Letter from De'a"5"iw°Rolzin authorizing"Joanie Haggerty of Basalt _~r ~ , ..w....~.,~.. Realty and Cathy Smites°"to° proceed with the °IO°41 Revew,procecTure;` ... _ ..... 4') Title Policy indicating present owner, Dean Rolzin and _ _ ...-_ proposed owner, Peter Smith; arid'°also including legal description of the "property.. ., ,,. 5j Letter from.Pitkin County Attorney, Tom Smith, stating "his opinion that the_s,ite°"should be recogizecT by pitkn ~our5ty as a .., A.,~ ..m_.. a._.... .._ .,_~_ legally""subdivided .lot wh°igh is °eligible for 'l`evel"opmenf.°.`" ~" "V' "" ' b} Per "your "summary~~comments,, you should haveJin your possession, a letter from"'Ran3y`"Cote stating that ~'a mapping error has occurred and that this site should not have been ~~ ....~F....• ~ ~ ~-~~~~-~~-~,n~~.,~~- _, ~. „ °- - ncluded`as (elk and":deer}° habitat:" Aspen Office • 720 Easf Hyman, Aspen',"Color'ado`85Tt'•°(303) 925-1406 • FAX j303)"925=2895` Snowmass Office • Box 6450; $nowmassVilfag~," Colorado 81.615 ~ (30'3}°523-4700~~• FAX (303) 923-41$$ _ _. ~ ,< .. ~, -w, ~.. _ ~ ,. .' - -- HE~PERNtITTEE~ ~ ,. ~_ _ .. , , _ ,. ~s .w.~.~ <, ~.,.~. r~ ,..._,. ~, ~ v_w., Dean Rolzin ~ - „ :w. , P. 0. Box 4149 - ~ -:. ,. ,., z - ,.. ~. ..Aspen, CO 81612 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway Access Code and listed attachments. This permit may'"be revoked by the issuing authority If at any time the permitted access and Its use violate any of the terms and conditions o1 this permit. Theuse of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State .right-of-way In conformance with the' MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VL Tha issuing authority, the Oepartmentand theirdulyappointed agents and employees ahal(be held ` harmless against any action for personal Injury or property damage austaihed by reason of the exercise of the permit. On the north side of State $ighway 82, a distance of .3168 feet east from Mile Post 21. TO PROVIDE SERVICE TO: Single family residence. CONDITIONS; _ .. Sea Attached Sheet. i ~. .. .,_ ii v 4~.u.~,pni,R'i ~css.uul uln na wnw~4;~LVe9iq,m,,i6w.yisro,udd,dWw+,~a~~,~~.u -~' „~•,. ~.~ ^'-...~. ~~.~npa, ~:,l v~.:a a~i.;~i:,rti ai,.u~n,~Y.u~,u x. 4. ". i~0„~., ~,... 1 ._ . _. _. Upon fining of this defmit the pq'rJnlttea agrees o cnn mrnio a~ r~ ~~~ ~~ . ~~ her .All construction shall be completed Irt an ezpeditloua and safe manner and shall`6e finished within 45 days from initiation. The permitted access shall be completed In accordance with the terms and conditions of the permit prior to being used. TMs permittse shill notify Bob.Rausin __-- at _92L-31.37 with the Colorado Department of Highways In --- at least 48 hours prior to commencing construction within the State Hlyhwey eight-ot-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full auth y to accept the erml nil all It's terms and conditicns. --~~._-_~-- -.__ - - Data ~ 1 0 Permittee (X) BY (X) This permit Is not valid until signed by a dulyauthorlied "represehtetive of the State Department of HI STATE OF COLORADO, DIVISION OF HItiHWAY5 ROBERT L CLEVENGER, CHIEF ENGINEER By lX) _ Date _-.Title ~"- (Date of Issue) MUNI _.. Date ~.~...., authority. ,.Title (ys: ere OoeoV __ cr~~y ni:~°8;r'uilnk; Pa9ulred; Mekebopua ee neceeee 1. Jletdct (Odpineq Local Authority Impactor 2. a r!"•ornt MICE Petrol iraHic Engineer PERMIT NO. 390069 . 1 Driveway shall be constructed 24 feet wide with 50 foot radii. Surfacing for 'driveway approach is required as follows: 12" of class 1 gravel in 2, 6" liftss 6" of class 6 gravel in 1, 6" lifts. 2 Also 4" of HHP in 2, 2" lifts of grade E, EX, or equivalent. The asphalt cement in the HBP shall be AC 10. 3 Fill/cut slopes shall be at a 6:1 slope on the roadway and at 6:1 on the access"approach. 4 It is the responsibility of the property owner to prevent all livestock from entering the State Hlghway right-of-way. ' Any livestock that does enter the Highway right-of-way is the responsibility of the property owner. 5 No drainage Prom this site shall enter onto the surface of the highway. All existing 8rainage structures shall be extended to accommodate all new construction and safety standards. 6 Contractor shall follow the applicable construction specifications sat for by the Department of Highways in the latest manual Standard Specif~cat~cns for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing Hlghway facilities shall be repaired prior to continuing other work. 7 Compaction of sub-grade, embankments and backfill shall comply with Section 203.11 of the Division of Highways Standard Specifications. 8 Compaction of Hot Bituminous Pavement (HBPj shall comply with Section 401.1'7 of the Division of Highways Standard Specifications. 9 If frost is present in the sub-grade, no surfacing material shall be placed until all frost is gone or removed. 10 Saw or score asphalt to assure a straight edge 'for etching. 11 The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the `highway at a a$ grade to ensure proper drainage control. 12 .All excavations on utility lines, culverts, other trenches or tunnels shall meet the requirements oP Colorado Department of Highwayys OSHA, Colorado Industrial Commission and the Colorado Divis~on of Minas whichever applies. 13 The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded., 14 Work shall BEGIN AFTER 8:30 A:M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day. <\. F.J1 B'/:',:ERCCi TELE~UFIEF. ^tl1Q°- -1-'~1~ 1©: G1aFiP1 :. ~ GTy. ~1_ n_^r-: tt ,3 .~--~---~' ~~5. --t~'SUt ~9:1E PITKIN COUhITY "~7.5 52© 5195 F'. ~'. 3 :1 s s i ``.., ~''/~~ Via Fax ,,~ ..May 4, 1990. Ms. ~:aannie Haggerty L•=,s~~ .t Realty P• ~: Box 737 E:-:salt, CO 81621 fl Dezz1~ Me. Haggerty: "` At ;, 7u:: re+quemt T have reviewed the title hiE<ctory of the lots 1 deec.:i~aad in the declaration of restrictive e.ovenants recorded at .s :z~ ~ol~ Page 61. ._ ~~?=N.cular concern is with Parcel No l described in the var tr y o s, Thomas t n 8 ith Pitkin County F,ttorney ,TFB/hfe/ts5.782 - enclosure cc: Aspen/Pitkin County Planning Cfficeq Adminlstratlon Coun;y Commealonars County Attorney Personnel end Finance Rcad and Bridge i _ 630 8. Main, 3b Floor S_ ~~ ° $t+tta 1 Su(te F Fleet Manapemant i _asoen CA iLtaU ~ Sn,~f `~~ •• •a~-C ~.u A -. _._. Please c^ntact me i~ you have additional questions. un of rastric~ive covenants,' and am ,currently described a' ,:~w A attach®d hereto. '`1 am `satisfied that"the changes in " • ~ription ' of "the property `are "accounted Por by t :a -~oL:~~f,fs done in-conjunction with the con,~truction of the Hasait by-pass by ;th®";Colorado"Department of Highways, and that Ex~libit `.A reflects'"`eapentially:ths came lot as described"as Parcel l in`the oxiginai"declaration, of rastxictiv~ covenants, except for the lase of property to~°the Ae~artment of'Highways. '~~ '~-opinion based upon a review of the declara`.ion of r, ~.' •~ '.1%~ covenanti$, the- 'subesquent ''. titlo history of the t _; c;, and`the tr~atment'of this alion and property :for subdiv_ I ~:`.: ;.,. ant purpoales ,by ,Eagle County, that .Lot No. 1 should be re=~:c;;7j~ad"by'Pitkin County as a Legally subdivided Sot which _s -e1lg~ble fnr"deyelapment upon compliance'with' the provisions of the ~Pitkin -County Land Use CodE, including H.B. 1041 review, , special review as required by Section 7-2.4(a), and the area and ~.-buik° requirements of 6action '3-2 "oP the Code. Development approval will require the submittal of a"land use applicst'..on for considezation by Pitkin county,' and may `require vari°::es from the aoard`'of Adjustment. 5~... nu :~~r. i~~c~.!~r tGr. :~ 1~±~`;,O- -4-'dl_1 11J:t1n(af9 ~ I]r ~l -,-'.r _: 1~ _ ' ; ::~Si~J=Il9L~ i~5: 15 F i fK I tJ CUIJNTI' 303 9tG 5195.. .: F.' ~3=' ~ ...., . f . ~,; ,% EXHIBIT A ;'' Ord®r No. 400776-C Plat i.O. # .SCHEDULE A Lcontlnued) Covering the Land 1n the. State of Colorado, Ccunty of Pitkin, Described as follows: A tract or parcel of land No, 309R of the State Department of Htghways, Olvislon of Highways, State of Co [or ado, Protect No. FC 082-i(6) 5ec. 3, In Government Tract 60 of Section 12, Township 8 South, Range 87 West, of the Sixth Prtncipat Meridian,"(n Eagle'and Pitkin Counties, Colorado, said tract or parcel being more particularly .described as foliowso Beginning at a point on the line between Cr.. No. 5 and Cor. Plo, 6 of Government Tract 60, T, 8 S., R,: 67 W., 6th P. M. from wh(ch Cor. No. 5 of said Tract 60, a GLO brass cap monument .bears 5. 0°06'30" W „ a dtstance of 65,2 fe®ty Thence N. 68°28+30" W., a distance of 321.0 feet to the westerly property Ilne of that parcel described in Book 308 at Page 748 of the. Eagle County records. -2. Thence N.. 14°19' W „ along said westerly Fine, a distance of 648..7 feet, -to the southerly right of way ilne of S, H. No, 82 (June i985); 3. Thence along said southerly line, along tfie arc of a curve to the left, having a.radtus of 2,915.0 feet, a dfstance of 530.6 feat, to the intersection with the easterly property line of that parce( described in gook 308 at Page-748 of the Eagle County Records, being the line,between Cor. No. 5 and Cor. No. 6 of said Governmenf Tract 60; 4- Thence S 0°06''30" W., along said tract line, a di"stance of 265.2 feet io Cor. No: 2 of Government Tract 88, 7, 8 S., R, 87 W, 6th P, M,; 5, .Thence S. 0°06'30" W., oont nutng along the tract line b®tween Cor. No. 5 and Cor. No. 6 of satd Government Tract 60, a distance of 216,5 feat, mc'~e - or less, to the point of bsglnnirtg. EXCEPT fora tract or parcel of land No, '309-A of the State Department of Highways; Division of Highways, State of Colorado, Protect No. FC 082-1f6) S"r.C. 3, fn Government Tract 60 of Section 12, Township 8 South, Range 87 Y;ast, of the SiXth Principal Meridian, .n Pltkin County, Colorado, said tract cr parcel of land being more partlcu~srly described es follows: eogtnning at the point of to#ersection of ;;~© northerly right of way Ilna of S.H. E~, Basalt Bypass i5eptemtier 1989) wihh the line between Cor. No, 5 and Cor. No, 6 of Government Tract 60, T. 8 5., '. 87 W., 6th P. M, from which Cor, No, 5 or :aid Tract 60, a GL0 brass ca;: r~"~-rant, beers 5. 0°06'30't W, ,. a distan=;.: of b5.2 feel'; 1. Thence N, 0°0630" E along said tract 1ir.e, a utstance of 67,9 .feet; ` `(Continued) ~:-.~Gr'0-~ TELECiiF'IEF.' 7n17c ~_,_C1 1n: J^Fil9 r-L-!!'"Ms la y a."-7bE;p 1 _i~.;E4,~a;~.. L~?;15 PiT4•Iil CUUt~lT~ X90 9~ca X148.. F•C'il ~~ n r/.~ ~~~~ ` 'l. Thence N. 73°03+W., a distance`of 328.1 feet to the westerly property Ilna of tt;at parcel described in Hook 308 at Page 748 of the Eagle County Records, elsc being a point on-the northerly right of way Ilne of said ` Basalt Bypasss 3. Thence S. t4°19+ E., along said Iine, a disfence of 52.6 feet. '~ Thence S. 64°28+30-D E., continuing along said right of way line, a distance A~-- of 321.0 f®ei', more or less, to the point of baginhing., ' ,. ,. ~~.-, .. .. ..:.: e..4 Mw. 1 ~.~ :. p. ..t Form~!o. .- OFFICE OF THE S1~i E ENGINEER GW~-2sl COLORADO DIVISION OF WATER RESOURCES f ~,/ B7B CoMenniel Bldg., 7~i3 Shennen St, Denier, Colorado 80209 (903) aaa-9ss~ LIC WELL PEAMff NUMBER. ~ - _ (_~. APPLICANT DIV. 5 CNN. 49 WD 38 DES. BASIN MD - APPROVED WELL LOCATION COUNTY PITKIN SW 1/4 SW 1/4 Section 12 DEAN ROLZIN Twp 8 S Range 87 W 9 P.M. p O BOX 4149 ASPEN, CO 81621 DISTANCES FROM SECTION LINES 350 pt. from South Section Line ` ' 1250 Ft from S4est Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDIT70NS OF APPROVAL 1) This well shall be used in such away as to cause no material injury fo existing water rights. The issuance of the permit does not assure the applicant. that. no injury will occur [o another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) Approved pursuant to CRS 37-92-602(3) (c) for the relocation of an existing well, permit no. 93850. The old well must be plugged and abandoned according to the Water Welt Construction and Pump Installation Rules within ninety (90) days of completion of the new well. The enclosed well abandonment report form must be completed affirming that the old well was plugged and abandoned. 3) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family • dwelling, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens and lawns. 4) The maximum pumping rate shalt not exceed 15 GPM. 5) The average annual amount of ground water to be withdraws shall not exceed 1 acre-foot. 6) This well shall be constructed not more than 200 feet from the location specified on this permit. ~. Jn. ~-/7-90 ow~~R~s co~Y F~~ ,.:~FICE OF THE STATE ENGINEER V~yg_~ Room 823 1313 Sherman Sirect, Denver, CO 80203 • 10/89 (303) 866-3581 INFORMATION FOR WELL- PERMTI'S APPROVED PURSUANT TO CRS 37-92-602 (HOUSEHOLD, DOMESTIC, LIVESTOCK AND COMI~~RCIAL EXEMP"I' USES) PLEASE NOTE CAREFULLY THE CONDITIONS OF APPROVAL ON THE,ATTACHED COPY OF YOUR PERMTI THE CONDITIONS MUST BE CO'1vIPLIED W1 TIi IN ORDER FOR TIIE PERMIT TO BE VALID. THE ISSUANCE OF THIS PERMTT DOES NOT CONFER A DECREED WATER RIGHT. THE PERNIIT EXPIRATION DATE IS TWO YEARS FROM THE DATE TT VJAS ISSUED. This means that the well must be constructed and evidence of construction be submitted to this oEFice'in the form of a well completion report from the well construction contractor prior to the expiration date of the well permit. The date of expiration and your well permit number are in the lower right hand corner of Lhe permit The expiration date may be extended at the discretion of the Slate Engineer for good cause shown.. If you desire an extension v,_ ou must file a written request with this office prior' to the expiration date shown on the Hermit. The request must show good cause why the well has not been constructed, must include an estimate of time required to complete the well, and must specify the length of extension you desire. The maximum length of time that can be granted for an extension is one (i) year. THE PUMP INSTALLED BY A CONTRACTOR CURRENTLY L CENSED BY LATHE STATE OF COLORADO UNLESS ARE EXEMPTED AS DESCRIBED IN THE FOLLOWING PARAGRAPH. Your contractor must provide you a copy of the work report(s) he has filed with the Office of the State Engineer. You may construct the well and/or install the pump yourself if the well is entirely -for your own use, is constructed on property you own, and is constructed wlth e m my t owned and operated by YooE Examinelrs of W t arWell and completed in accorpance with the well construction standards of the State Board stall the pump, it is your Construction and Pum Installation Contractors. If ou construct the well and/or responsibility to complete and submtt a "Well Completion and Pum Installation Report" Form No_ WRJ-26. These forms are available from our offices. _ The report must be submitted within sixty (60) days of completion of the work or seven (7) days of the expiration of the well permit, whichever is earlier. You have been provided with two copies of the well permit. The owner's copy of the permit is for your records. The second espy is for the pump installation contractor. If you did not indicate a proposed well construction contractor qn the application, four copies of the permit are enclosed. The additional espies are to be given to the well construction contractor you select. The original permit is on file in the Office of the State. Engineer and additional copies may be obtained for a fee of 50 cents per page. Any change of mailing address or ownership should be reported on a "Change in Ownership/Address", form number GWS-11. A $i fee payable to the State Engineer must accompany the form which is available from this office. Y q • • y is located. If ou have uestions, contact the Denver or the Divulon Office where our well DIVISION 1 DIVISION 2 DIVISION 3 DNISION 4 422 4TH ST. 308 S. FIRST ST. 209 ARIX BUILDING 219 W. 5TH RM. 223 ALAMOSA, CO 81101 MONTROSE, CO. 81402 800 8TH AVE. PUEBLO, CO. 81003 303 249-8622 GREELEY, CO 80631 (719} 5423068 (719) 589.6G83 ( ) (303} 352.8712 DNISION 5 DIVISION 6 DIVISION 7 DENVER OFFICE 1429 GAAND AVENUE 320 LINCOW AVE STE. E 1474 MAIN ST. RM. 623 GLNWD SPGS. CO. 87601 STMBT SPGS., CO. 80477 DURANGO, CQ 81302 DENVER, CO. 80203 (303) 945.5665. - (303) 879-0272 (303) 247-1845 (303) 8663581 _ •: PITKIN COUNTY L •~Z ~ U PRE-APPLICATION CONFERENCE SUMMAR DATE: 8/22/90 PLANNER: E.S. PROJECT: Deal Rolzin Pro erc - nmma use w~~~ ~~ ~y4 -~--" buildin on north side o£ hi hwa APPLICANT'S REPRESENTATIVE: Joanie Haggerty Basalt Realty REPRESENTATIVE'S PHONE'... .927-3174 OWNER'S NAME: Deal Rolzin SUMMARY 1. Type of Application: Minor 1041 Review/Administrative Blda. Permit Exemption 2.-Describe action/type o£ development being requested: ApplicanF - -----' $J.O es e][l:C'l.'ulll svv. +. u.... ~- --- ---- range on site However Randy Cote has indicated that a mavpina error has occurred and that this site should not have been included as habitat. He will write a letter to' the file to confirm. Buildin envelo e`s located outside o`f hazard areas. 3. Areas in which Applicant has been, requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 5-400 - 1041 Hazards as discussed above 18-2.5 b 4 & 5 - Water and Sewer Provision Refer to: Attorne 4. Review is before:. (P&Z Only) (BOCC Only) (P&Z ~ BOCC) Administrative 5. Public Hearing: (Yes) No At: (P&Z) (BOCC) (BOTH P&Z & BOCC) 6. The applicant needs to post a sign for each public hearing pursuant to Section 6-3.4 of the Code. (YES) NO 7. Did you tell. applicant to submit list of ADJACENT PROPERTY OWNERS? (YES) NO Disclosure of Ownership: `'YES (NO) 8. Number of copies of the .application to be submitted: 7 lO. Anticipated e of submission: frm.pre_app.county .. .. .; - ~~ s Form 1756 Commitment Face Page ~~5-ea COMMITMENTFOR TITLE INSURANCE ISSU E D, BY First American-.,:Title ,Insurance Company. FIRST AMERICAN TITLE INSURANCE COMPANY, herein called theCompany, for valuable consideration, hereby commits to issue its. policy or policies of title insurance, as identified in-Schedule,`A, iri favorof the proposed Insured named in Schedule A, as owner or mortgagee of'the estate or interest covered hereby in the land described or referred to inSchedule A,~upon payment of the premiumsand charges therefor'; all subject td the provisions of Schedules A and B-and to the Conditions and Stipulations hereof. This Commitment sfiall be ei or policies committed for have been of this Commitment or by subsequent the identity of the proposed Insured and the amount. of the policy ale A hereof by the Company, either at the time of the issuance . ~. .~. -,. ~.~,~,.. ,~ . _ • -b . , . _. , ..., .. _.. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all. liability and obli- gations hereunder shall cease and, terminate siz._(6) months after the. effective date hereof or when the policy or policies committed for shall issue,-whicheverfirst occurs, provided that the~failure~to-issue such policy or~jiolicies is not the fault of the Company. This Commitment. shall not be valid or binding until countersigned by ahauthorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed,to become valid when countersigned by an authorized officer or agent of the Company, elf in accordance with itsBy-Laws. This Commitment is effective as of the date shown in Schedule Aas "Effective Date." a u•s~ ~~.~~~_i~ t~~~~~ First American Title Insurance Company ~ c' ~~•~• ra BY PRESIDENT ~ ~ o • r SiPTE@~BER 24 ~ _ $~, rj,3~~~~~ SECRETARY y ._ ATTEST ~~Sa~~'~i l f g a~`~' : °' a aY ~' COUNTE RStGNEO Form 1766-A ' Commitment, Schedule A Basalt Realty Attn: Joanle Haggerty P.0. Box 737 Basalt, CO 81621 SCHEDULE A Customer Reference No. SMITH/ROLZIN 1. Effective Date: Commitment No: August 1, 1990 at 7:.00 A.M. 400861-C RR/pg 2. Policy or Policies to be issued: Amount (al ^ ALTA Owner's Policy $ 65,000,00 Proposed Insured: PETER W. SMITH (b) ^ ALTA Loan Policy $ Proposed Insured:. PITKIN COUNTY BANK AND. TRUST Icl ^ $ 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: DEAN ROLZIN 4: The land referred to in this commitment is LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO AND BY THIS REFERENCE INCOF2PORATED HEREIN AND MADE A PART HEREOF, Ownerrs Premium: $ 251.00 CC1s to: Lenderls Premium: $ 50.00 Basalt Realty Addrl Cfiarges: $ Kay Ambrose Tax Certificate: $ Jack Lavold' ATC - Escrow TOTAL CHARGES: $ 301.00 ? Order No. 400861-C Plat I.D. ,+/ SCHEDULE A (continued). Covering the Land in the State of Colorado, County of Pitkin, Described as tollows: ALSO, Covering the Land in the State of Colorado, County of Eagle, Described as follows: A i-ract or parcel of land No. 309R of the State Department of Highways, Division of Highways, State of Colorado, Project No. FC 082-1(6) Sec. 3, in Government Tract 60 of Section 12, Township 8 South, Range 87 West, of the Sixth Principal Meridian, In Eagle and Pitkin Counties, Colorado, said tract or parcel being more particularly described as follows:. Beginning at a point on the line between Cr.. No. 5 and Cor. No. 6 of Government Tract 60, T. 8 S., R. 87 W., 6th P. M. from which Cor. No. 5 of said Tract 60, a GLO brass cap monument bears S. 0°06'30" W., a°distance of 133.10 feet; i. Thence N. 73°03'00" W., a distance of 328.10 feet to the westerly property line of that parcel described in Book 308 at Page 748 of the Eagle County records. 2. Thence N. 14°19'00" W., along said westerly line, a distance of 596.00 feet, to the southerly right of way line of S.H. No. 82 (June 1985); 3. Thence along said southerly line, along the arc of a curve to the left, having a radius of 2,915.0 feet, a distance of 530.60 feet (the chord of said arc bears S 60°41'00" E, a distance of 529.90 feet), to the intersection with said line between Cor. No. 5 and Cor._No. 6 of said Government Tract 60; 4. Thence S. 0°06'30" W., along said tract line, a distance of 413.70 feet, more or less, to the point of beginning. Basis of Bearings: North 89°32'00" East between Corner No. 3 of Government Tract 88 (brass cap) and Corner No. 4 of Government Tract 88 (brass cap) in Section 12, Township 85, Range 87 West of the 6th P. M. ,..~.~ a r, _,. _ _.....,. ~ .. ~ ,- Form 1756-B7 Commitment, Schedule B4 ..u SCHEDULE B -..Section 1 No• Requirements 400861-C The following are the requirements to becomplied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. Release by the Public Trustee of Pitkin County of the Deed of Trust from Dean Rolzin for the use of The Bank of Aspen, to secure $21,300.00, dated May 14, 1990, and recorded May 17, 1990, in Book 620 at Page 707, in Pitkin County, and May 25, 1990, ih Book 530 at Page 73, In Eagle County. 2. Deed from Dean Rolzin to Peter W. Smith. NOTE: Duly executed real property transfer declarai-fon, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of Nouse Bill No. 1288 - CRA 39-14-1.02. 3. Deed of Trust from Peter W. Smith to the Public Trustee of Pitkin County for the use of Pitkin County Bank and Trust, to secure an amount to be determined. Form 1756 - a2 lMOditied 1/64) °-', Commitment; Schedule B-2 Colorado- Order No. 400861-C SCHEDULE B -Section 2 Exceptions The policyorpoliciesto be issued will contain exceptionstothe following unlessthe same aredisposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Anyfacts,rights,interests,orclaimswhicharenotshownbythepublicrecordsbutwhichcouldascer- tained by an inspection of said land or by making Enquiry of persohs in possessiori thereof. 2. Easements or claims of easement which are not shown by the public records. 3. Discrepancies,conflictsinboundarylines,shortageinarea,encroachmentsandanyotherfactswhich a correct survey would disclose, and which are not shown by public records:' '" 4. Any water rights or claims or title to water in, on or under the land. 5. Any lien, or righttoalien,forservices,laborormaterialheretoforeorhereafterfurnished,imposedby law and not shown by the public records. 6. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 7, Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 8. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved to United States Patent recorded May 24, 1902, In Book 55 at Page 106, of the records of Pitkin County, Colorado, and recorded March 29, 1919, in Book 48 at Page 368 of the records of Eagle County. 9. Reservations, restrictions and conditions imposed by virtue of the Quit Claim Deed from The Denver adn Rio Grande Railroad Company, a Delaware corporation, recorded October 28, 1975, as bocument No. 178881, In Book 304 at Page 742 of the records of Pitkin. County, Colorado. 10, Easement and right of way 50 feet in width to lay, maintain, operate, repair, alters Inspect, protect, remove, and replace pipelines, valves, valve boxes and other gas distribution and related facilities as_grantod to Rocky Mountain Natural Gas Company, Inc., by instrument recorded June 5, 1972, in Book 264 at page 142 of the Pitkin County, Colorado records, insofar as the same may affect the subJect property. it. Existing use and rights of way for pole and wire lines over and along the tract of land as set forth in the Quit Claim Deed from The Denver and Rto (Continued) Exceptions nu hereby omitted. , Commitment No. 400861 -C EXCEPTIONS - continued Grande Western Railroad Company, a Delaware corporation, recorded October 28, 1975, as Document No. 17£2881, in Book 304 at page 742 of the Pitkin County records. Utility Easement as reserved in instrument recorded January 27, 1972, in Book 261 at Page 61 of the Pitktn County records and to Book 223. at Page 113 of the records of Eagle county, said easement being seven and one-half feet in width along all boundaries of subJect property. 12. Restrictions, which do not. contain a forfeiture or. reverter clause, but omitting restrictions, If any, based on race, color, religion or national origih, as contained in instrument recorded January 27, 1972, in Book 261 at Page 61 of the records of Pitkin County and recorded February 8, 1972, In Book 223 at Page 113 of the records of Eagle County, Colorado, as amended January 8, 1979, in Book 280 at Page 434 of the records of Eagle County. 13, Any question, dispute or adverse claims as io any loss or gain of land as a result of any change to the riverbed location by other than natural causes, or alteration through accretion, reliction, erosion or evuision of the center thread, bank, channel or flow of the waters in the Roaring Fork River lying within subJect land; and any question as iro the location of such center thread, bank, bed or channel as a legal description monument or marker for the purposes of describing or locating subJect lands. NOTE: There are no documents in the land records In the office of the Clerk and Recorder for Pitkln County, Colorado, accurately locating past or present locations of the center thread, bank, bed or channel of the above river or Indicating any alterations of the same as from time to time may have occured. 14. Any rights, interest or easements in favor of the State of Colorado, the United States of America, or the general public, which exist or are claimed to exist in and over the waters and present and past bed and banks of Roaring Fork River. 15. Right of way for Home Supply Ditch, as disclosed by instrument recorded September 21, 1899, in Book 65 at Page 103, Eagle County records, In which the location is not defined, insofar as it may affect subJect property. 16. Easement and right-of-way granted in Book 224 at Page 620 of the records of :Eagle County. 17. Any and all unredeemed tax sales.. NOTE: Upon receipt of a Certificate'of Taxes Due evidencing that there are no existing open tax sales, the above exception will not appear on the policies to be issued hereunder. . Comndtm~nt, Condlllonr end Srlnuletlorn A t COMMt7MENt Cvnditivns and Slipulntivns 1. The teen °morlgage," when used herein, shall Lrclude dead of Host, Inrst rleerl, m other serwily instrument. 2. If the proposed Inswed has or acquires arhral knnwhdye nl any detect, Iien, mrrvnrbram•e, adverse claim or other mallet Allecting the estatA or intarest or rnor htage lheienn cnvmed Iry Ills Connninnerrl vther than those shown hr Schedule 9 hereof, mrrl shall fail to disehrsn ^.urh knnwlarlge Iv ihrtCompany in writing, the Conq,mry shall be relieved Irom liability for any Iv^s yr danreyn resulliny hnm any act of reliance hereon l0 the extent theCvnq,any is prriudiced by lailme In so disrlvse such knowlerlye. I( the prupnsed hrsmed ehall rlisrlvse such knowledge to the CmnpanV, or if the. Company olheiwise acqui~rs ^cknd I;nowledyn of any such dclnct, lien, enrtnnbrance, adverse clAlnr yr other matter, the Crnnpanv at its optirm Wray amend "rhedule n nl this Cnnvnthnerd arcordinglY. but Such Amendment shall not relieve the Company Iron Iialrilily Inaviously inctnmd tau snarl 1v paragraph 3 of these Conditions mat SllpulAtions. 3. LlabililY of the CorrmanY under ibis Connntnnmu shall be only in Ihr Warned proposed hrswed met such pmlies Includatl under the definillonol hrsurml in the loan ~I jrolicy of ~rvRcies cornmitlad formrd vnly Ior arlual Ions htcmretl hr reliance hereon In ondrA taking in grand L•rith (ni hi rvngdy with the rerprirements hereof, or Ibl to eliminatA exceptions shown in Schedule p, nr Iel Io ncrprire rat meate the estain vl inter esl or nvn lyage (hereon coveted by this Connnilrnmrt. In nn evmrl ^.hAll sm:h liability exrecd the mnvunt slated in Schedule A for the policy or policies conunllte(i for anti such liability is ^.uh~rct to Ihr Innnirnl purvlsknrs, exclusion from ctroerage, and the Conditions mul SlipulAnons of Ihn Inns of pnlLry or pnl0;ins cornmilted for in laver of the proposed Insured which Ate hereby Inrorpor and by relcrencv and me made a par 1 0l lids Canmrihnenl except A5 expressly rnoditied herein. ~. Arty clahn of loss yr damage, whelhm or nut based nn nrgliymv;e, and which raises out ul the status of the title to the estate yr Interest or the Ihn of Ihr Lrsurrd mortgage coverod hereby or any action asserting such claim, shall be restricted to the provis(ons mrd rondittvns and stipulations of This Cunnnitn,ent. ~K _ ~ '~~3~ CASEIAAD SUMMARY SHEET Pitkin County DATE RECEIVED: 9 6 90 PARCEL ID AND CASE NO. DATE COMPLETE:_~ ~~(aS-/~ P113-90 STAFF MEMBER' ES PROJECT NAME: Rolzin 1041 Minor Hazard Review Project Address: APPLICANT' L Applicant AddrE REPRESENTATIVE: Representative.. ~l z in - ,_ .... ,..~, ,..~. ».~. ..-n t., .. .,. PAID: YES N0 AMOUNT:.. 5113.00 NO. OF COPIES RECEIVED: 7 TYPE OF APPLICATIONc 1 STEP: X 2 STEP:. P&Z Meeting Date. PIIBLIC HEARING;_ YES NO_ VESTED RIGHTS: YES NO BOCC Meeting Date PUBLIC HEARING; YES NO VESTED RIGHTS: YES NO Staff Level: 1041 Minor_Hazard Review; Date, of.,Approval .,~ t REFERRALS: Attorney Aspen Consol S. D. School Dstrict- Engineer Mtn. Bell Rocky'Mtn"Nat Gas .Housing holy Cross '` State Hwy Dept Aspen Water Aspen Fire (Glwd) (GrJtn)" Envir. Hlth. Basalt"Fire Snowmass Vill Manager Carbondale Fire USFS (Carbondale) Div. Wildlife Div. Water Res: USFS'(Aspen) - Caucus` ~ _.. g Ai ort Mana er BLM _~ Zoning CO Geo.'°Survey" _ "City P&Z' Other: Homeowners Assoc. DATE REFERRED: INITIALS: FINAL ROUTING: DATE ROUTED: County Attorney _ Housing Other' FILE STATUS AND LOCATION: _ County Engineer E Health NITIAL. Zoning _ nvir. .- I ,T ~ 1 R i O~.SSd 0 J4 £R SE P <? i C A % VAR SN `5 PaC4 3CF AJ JS E P f ~ o>?=~ sT ,R_N4 ~ A P,_ _ _ .~_I'~ILi r'iI I r\~.._,. 1~~ ~1 U~~: .,kn_ _ a. A~N~ ~ ___ r ~ _ -Ta~~« ~ t~qY ~E~~ ~v\ °''~. P ~ .~_, ,. ' ~' ~ ~~ -. r. v ... .i 1 l- ,,, ce~ .e -. .-_ _ J I I . - _ 1 I R .<. ~P ~ ._ 1 h'r R~ _ , ~ , . ~ ~x ~ dwr~.. t ~~ q~I ~. ~.. --~ j ~ ~ ~ v s' -~.-~® +k ~ ~ ~ ~ sA ~ ~ Y '~ ' ~ 1 ~A ~ ~~ ~ ~ ~ ~ ~~ ~ ~ :~ {~ ~~"> ,~ s=ue- ~ ;~ ~ ~ f~ff~~.a ~ ~°~ °~~''i°.-~ -e. ~ ice. wG~ ~~a_ E _ ~V;'ti5~~ ~jU "~ Vi.,.i~IiY fJ~r~r 5)). ~~ ~ ! ' ~ ~~ jWi 1 ~~i ~1~ ~ ~ ~~ n i a* C ~ 393.. H t t [ y1 ~'~ `' 8> A 1 A '~ D 11 fH.MY iCe' atm P i CLZ2 b ~3_ In p ~ V~~~ Cw 3 i Ed f I - I S $'v R d k i Pra Fi~~Yi A- W 2 ~ p„F! 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