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Home My WebLink Aboutpitkin.planning.246528101001DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE 11VFORMATION LISTED BELOW IN THE FOLLOWING ORDER i 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) C74:3ENAi` Christe111041 MinorHR pLNW: PRfiJ ~ 3501 W Sopns Crk Rd APP:'~Christell, James AD~ t~1S~*2'~ p{d1y;: `~.." . ~y~. ~- CDR ~" "~"`~ c~srz:~""""-`.__,. r~"~„~ ALLOCATED HLiU `56 OVER: OUEr~ parcel id to above if ever ICED ~ftTE t7~' .:. '' N: i 2/8/1991 ~ ~._ 1~esa: ~. -" BOCC Ord' d from file finders p2: HRQ DRF: ~- HD INDEX:. ~-~ ADMIN: Staff Approval ADMIN INDEX: Hazard Review ~~m ~' TO: Christell File FROM: Ellen Sassano RE: Christell Minor 1041 Review DATE: February 8, 1991 ^~eti, 1~?~'t{ LOCATION: Lot 3, Sopris Mountain Ranch; West Sopris Creek Sections 28, Township 8 South, Range 87 West ZONING: RS-30 REQIIEST: Jim and Dorna Christell are minor 1041 Environmental Hazard Review hazards. They are proposing a building Lot 3 of the Sopris Mountain Ranch approximately 35.78 acres in size. r requesting approval of 'a for wildfire and geologic envelope on and access to Subdivision. The lot is It is accessed initially from West Sopris Creek Road, and thgn from private access roads numbered 1 and 3 within Sopris Mountain Ranch. The subdivision roads are existing, graded and graveled. Easements for use of the roads are dedicated in the protective covenants and dedication of easements recorded for the Subdivision. The proposed driveway to the building envelope is not encumbered by slope concerns which exist on portions of the lot located outside of the building envelope. The applicant proposes to build a single family home on the lot, which is currently vacant. Water will be provided to the site via an 'on-site well. The applicant has been informed that a building permit shall not be issued until the applicant has proven an adequate domestic water supply to the satisfaction of the Environmental Health Department. Wells in the area have provided an adequate yield to date. Bob Nelson, of the Environmental Health Department has indica that soils in this area may present some difficulties development of a standard septic system. The applicant will required to work with the Environmental Health Department determining design and location of a system which is adequate this site. Utility extensions will be placed underground. Undergrou electricity and telephone lines already exis£ to the si boundary. There are portions of Sopris Mountain Ranch which ~~ ~ .. S.I ~. critical wildlife habitat and calving areas for elk. not mapped as wildlife habitat. However; due t6 the the site to wildlife. habitat, the applicant shall following mitigation. measures, as recommended by the Wildlife: a) b) Dogs shall be kenneled and leashed. Fencing shall be limited to 42" strand or less, Wildlife. or as approved This lot is proximity of provide tl~e Division df I in height and thrEe by the Division df Wildfire hazard is mapped on site. The building area is free vegetation other than native grasses. However, given the relati remoteness of this site, it is recommended that the applica provide a buried water tank with a 2,000 gallon capacity for fi fighting. This has been a standard recommendation by the Basa Fire Protection District for other lots in the Subdivision, so more susceptible to wildfire than others. In addition, it recommended that"the applicant abide by recommendations made the Colorado Forest Service publication, "Wildfire Safe Guidelines For Rural Homeowners," attached. FINDING: 1) The Lot is encumbered by mapped wildfire hazard and sl exceeding 15$ in grade. The building envelope and ac drive are. located outside of any hazard areas. Given remote location of the subdivision, the applicant has ag: to provide of a 2,000 gallon water storage tank and adhere to guidelines in the Colorado Forest Ser publication, " Wildfire Safety Guidelines For R' Homeowners." 2) The lot is not mapped as wildlife habitat. However, due to the proximity of the site to wildlife habitat, the applicant has agreed to provide the. following mitigation measures, ~s recommended by the Division of Wildlife: j a) Dogs shall be kenneled and leashed. b) Fencing shall be limited to 42" in height and thr2e strand or less, or as approved by the Division of Wildlifei 3) The applicant has provided a site plan for sign-off by the Planning Department. 4) The County Attorney is satisfied that the property was legally created and has not merged with any contiguous lots. RECOtII+D;NDATION c I' 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 i > ~' '~ < r Christell 1041 Minor Hazard Review. Said approval is subject the recommendations listed below. Upon Planning Direct signature of this memo, the memo will .serve as a referen document authorizing approval of said application. Planni Director's sign-off on a 1041 Review Site Plan is also necessa for completion of the administrative review process. The Si Plan shall be recorded in the Clerk & Recorder's office. A co -shall be placed in the file. CONDITIONS OF APPROVAL: 1) The applicant shall .mitigate wildfire hazard in the following manner: a) The applicant sha1L install an underground storage tank with a 2,000 gallon capacity (or more). b) The applicant shall abide by the recommendations for wildfire mitigation, as shown in the Colorado Sta~e Forest Service Publication," Wildfire Safety Guidelines For Rural Homeowners." .They are as follows: i - An external water supply for fire fighting shall be provided (small pond, cistern, well qr hydrant); - All roofs shall be kept cleared of debris; ', - Firewood .shall be stacked on a contour away from building; ', - The base of buildings shall be kept cleared of weeds and debris; - At least one (1) ten-pound ABC-class fire extinguisher shall be placed in each structure; - Roof covering shall be of a non-combustible underwriters laboratory approved material; - All power and telephone' lines shall be underground; and - No structures shall be placed on densely vegetated hillsides with slopes greater than 30$. ~ 2) Environmental Health Department shall approve of water well yield and provision for domestic supply and septic system design and location prior to issuance of a Building Permit. 3) Due to the proximity of the site to wildlife habitat, applicant shall provide the following mitigation meast as recommended by the Division of Wildlife: ~~ ~,~ a) Dogs shall be kenneled and leashed. I! b) Fencing shall be limited to 42" in height and thr2e strand or less, or as approved by the Division of Wildlife: 4) All conditions of approval shall Site Plan. Pursuant to Sections 5-400.3(b) and Code, the Planning Director hereby Hazard Review. be noted on the 1041 Review 5-400.5(b) of the Land Use approves the Christell 1041 (/!'//~ ~ iF~i~7/ Amy Margerum,' Pl ing Director • -- -- ~^, Y1tE-A1'PLI(:A'1'lUN CON['E12ENCF SUh1hlAltY ... ~ -~~~ ~+~fE 2. PROJECT:,~,,,,jr`/r ~1~'-'li_-,~ AIfPLICANT'S REPRESENTATIVE: REPRESENTATIVE'S PRONE: _ OWNERS NAHE: 1•~y~p,t -, C 1. Type of Application:_ 2. Describe action//type ! r ~ 1. .. ; SO f development being requested .„ Y. /1 1'~ aY 1~le f -1-1~_ d .. .1 i.. .„...11. F I 'i l i 3~ Areas in which Applicant has been requested to respond, ypes of '~~` reports ze~ueste~d-•.~~ ~ , ~ ~ ~ Pol it~ Area/ ~ ~ -s~ q~.r~-:.'~ :, I,, .l ~ ~<..%, ~P -~'~ ` r~o~cl,,.,,.~,~(~ -}~-> Referra] Ac n ~ Comment¢ ~~'~~'~ ~~lo~ _ ~~ M r •~ <. 5. 6. 7~. 8. 9. Review is: -Gg.~~--Ca~Y) U~f9') . -+f-P&'Z"EK~en Fo""'C~/•gD~C1`~ Public Hearing: ( (NO> ~F.~rti.t~~°(4~~~.rv~cV°;y~~t.._~ Did you a nt, to submit list of ADJACENT PROPERTY OWNERS? ~~`\ (NO) Disclosure of Ownership: ~ • (NO) Hhat fee was applicant requested to submit:" ~ ,~~ m~ / Anticipated'date• of submission: ' CO;{hIENTS/UNIQUE CONCERNS; ~ ' '• t /~ rr#'1,t ~/ (1.1,..+~ IA~ f1\( 'f~).A/ p f r (~, J11I1" ~ ? (.~G to •I ) L / fiC.v 1177 ~ 5- ~~ ~ . T~ `-~ P't" Z.K~ ~ r •n J r o I Z i r c c r~ .r5 ~ } ~~1-.~_Qr./.~.-.r'..y~...._. i~,.{.-t.~-rd-L:-- ~..~ . 1r ~ ~ o,~.,V.~ n~~f~ ~ VI ~/ _-\ , '] 1 r J dG("I e ~~ _ ~~ c. ~r'_`~_, A w~' MINOR 1041 REVIEW APPLICATION LOT 3 SOPRIS MTN. RANCH JIM AND UURNA CHRI5TELL, OWNERS PREPARED BY JOHN B. YOUNG CONSULTANT SERVICES September 10, 1990 ~ a Ms. Ellen Sassano, Planner Pitkin County 130 S. Galena St. Aspen, Colo. 81611 Dear Ellen, Sept. 10, 1990 Enclosed please find the information requested by you for the Minor 1041 review process on the Christell home, Lot 3, Sopris Mtn. Ranch. Included for your review are; 1. The original pre-application conference summary dated 3/22/90 2. A letter of authorization for representation from the owner. 3. A copy of the general waranty deed 4. Certificate of ownership 'to comply with Section 6-3.2(b) of the Pitkin County Land Use Code 5. Evidence of a road easement 6. Wildfire map and related photo showing approximate home site 7. A subdivision map showing lot location 8. Eight copies of text and a mylar of the 1041 Hazard Review Map,' which includes the vicinity map, and the fencing and dog restrictions requested. by Randv Cote. 9. Text prepared by applicants representitive addressing the typical 1041 constraints and a description of the proposed development. If there is any other information required by you please do not hesitate to ask. I will make myself available to meet with you, the Planning Director, or the County Attorney, at your convenience if you feel it is necessary. S y, i J B. oung Authorized Agent for; Jim and Dorna Christell, Owners Sopris Mtn. Ranch Lot 3. { James and Dorna Christen February 25. 1990 511 Woodland Lane South Northfield. Illinois' 60093 To Whom It May Concern: Mr. John Youhg of Snowmass. Colorado Ts hereby authorized to represent us in all negotiations with Pitkin County regarding Lot_3 of the Sdpris Mountain subdivision. Sincere]y Your~s.~~ g~--~~'. ~-3ames E. Christen ' 4t~CC99S iiF,/:?t?/ 14:~1~ Rec 't1.~~ ~?U PI': 62 ~~ 64 ~ Silvia Davis,~~,,"'tE.:in Cnty C1Erh, Doc '3.r' ~y SPECIAL WARRANTY DEED MOUNT SOPRIS RANCH JOINT VENTURE N0; 2, whose address is c/o Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611, Pitkin County, Colorado, for the consideration of $10.00 and other good and valuable consideration in hand paid hereby bargains, sells and conveys to JAMES E. CHRZSTELL and DORNA P. CHRISTELL, as joint tenants, the following real property in Pitkin County, Colorado. Parcel 3 of the Sopris Mountain Ranch, a parcel of land being part of Tract 76 and located in Section 28, Township 8 South, ' Range 87 West of the Sixth Principal Meridian, which parcel is more fully described as follows. Beginning at A.P. 3 of Tract 76 whence A.P. 2 of Tract 76 bears N 0°18' E 1163.21 feet; thence S 11°47' E 1547.00 feet; thence N 73°43' E 750.00 feety thence N 3°50' W 1783.86 feet to the southerly right-of-way line of the county road; thence S 76°17' W 258.42 feet along the right-of-way line; thence 105.63 feet along a curve to the right having a radius of 563.85 feet along the right-of-way line; thence S 87°O1' W 14.79 feet along the right-of-way line; thence 93.06 feet along a curve to the left having a radius of 402.39 feet along the right-of-way line; thence S 73°46' W 96.28 feet along the right-of-way line; thence 108.50 feet along a curve to the right having a radius of 382.97 feet along the right-of-way line; thence west 253.53 feet along the right-of-way line to line 2-3 of Tract 76; thence S 0°18' W 340.83 ' feet along line 2-3 to the point of beginning, containing 35.78 acres more or less. Subject to any tax, special assessment, charge or lien for any special district, rights of way and easements for ditches, pipelines and roadways in place and appearing of record, patent reservations, including the right of a proprietor to remove ore as reserved in Book 55 at Pages 42, 43, 49 and'69, and Book `55 at Pages 160 and 278, and mineral reservations recorded in Book 162 at Page 436, Book 162 at Page 420 and Book 162 at Page 524 and mineral royalty interests in Book 178 at Page 436 and Book 193 at Page 479 as they may affect such property and the following restrictive covenants which do not contain a right of reverter: Declaration of '' Protective Covenants and Dedication of Easements in Book 437 at Page 748 and First Amendment to Declaration of-Protective Covenants in=-Book 551 at Page 259 and except the easements defined in the declaration for equestrian, pedestrian, grazing, utilities and access and subject to building and coning regulations, including H.B. 1041 review (migration, wildfire and slope), provisions of the Articles of Incorporation of the Sopris Mountain Ranch Homeowners' Association recorded in Book 507 at Page 689 and By-Laws recorded '' in Book 507 at Page 693, all of the records of the Pitkin County Clerk and Recorder's Office together with all its appurtenances except water rights which are not conveyed hereby and warrant the title against all persons claiming under us. Date: June Z ~ 1990. II t2399F3, "6/ G'%9it i~e~(, ~'.FC ~.it.t,~ti~ fir: 624 PC, 65 _ _ Silvia ~i~~ F'ihF.:in Cnty ClerF:~ `~ VU MOUNT SOPRIS RANCH JOINT VENTURE NO. 2 ~• J S T. MC GUCKIN STATE OF NEW MEXICO ) 1 ss. COUNTY OF BERNALILLO) Acknowledged before me Apri1:10 MC.GUCKIN. / G, ' My commission expires (~ l~ ~/ Witness my hand and: .official seal. ..ryE. OFFICfAC SEAL' ' ` '' ~, ~„! _ ~~`" THERL-SE JONNE _~_ ='•! t'! NOTARY PUUGC • vzw rnextco Notary Publi- _+ Fc5 ?.,,~i~I Notary Bond Filed with SecrMary of Slat INMAN tD7 STATE OF feg )--~ ~j ~'~ COUNTY',Og r r-'~i~v ) ss. //~~~ ;; .~ . ~v ~~ Acknowledged before me 'CYRENE INMAN. 't My .commission expires ;•~,•. ~ Witness my hand and offici r.;' •..... f.. c.t,. •' ,:.. Nd CLASEN T ~~_ E INMAN ~_, 1990, by JOHN INMAN and ~.~. iJ, iss3 STATE OF COLORADO ) :r ) ss. ~•~?COUNTY OF "PITKIN ) /,~~ / ~~• Acknowledged before me _!w(*.,~ ~ ~:~ and LAURA CLASEN. -~`- ~ ' .. My commission expires ~-~-~-1-•-~--. ~.~~. ,. Witness my hand and official seal. 7°. Notary 1i 1990, by JAMES T. t 1990, by NORMAN CLASEN i ~, /SSj 02 i JOSEPH E. ED WARDS, JR. JOSEPH E. EDWARDS, III July 6, 1990 LAW OFFICES JOSEPH E. EDWARDS, JR. THE JEROMEPROFE5510 NALBUILGINO SUITE 109, 20fNORTH MILL STREET ASPEN, GOLD RADO BI®^ TELEPHONE (303) 925-7116 FAX (303) 925-6808 ' John Young Box 1099 Basalt, Colorado 81621 Re: Sopris Mountain Ranch Dear John: Enclosed is Certificate of Ownership to Comply with § 6-3.2(b) Pitkin County Land Use Code regarding Parcel 3 of the Sopris Mountain Ranch. Very truly yours, ~~ oseph E. Edwards, III J Enclosure cc Jim Christell, with enclosure .,.--- CERTIFTCATF. (]FnwNF.uCU7vmnnnvorv rarmv ~ The undersigned, an attorney licensed to practice law in the state of Colorado, hereby certifies the following facts. 1. PROPERTY DESCRIPTION. The property involved in this application is known as Parcel 3, Sopris Mountain Ranch, and comprises 35.78 acres more or less. The parcel is part of Tract 76 and located in Section 28, Township 8 South, Range 87 West of the 6th P.M., and is more particularly described as follows. Beginning at A.P. 3 of Tract 76 whence A.P. 2 of Tract 76 bears N 0°18' E 1163.21 feet; thence S it°47' E 1547.00 feet; thence N 73°43' E 750.00 feet; thence N 3°50' W 1783.86 feet to the southerly right-of-way line of the county road; thence S 76°17' W 258..42 feet along the right-of-way line; thence 105.63 feet along a curve to the right having a radius of 563.85 feet along the right-of-way line; thence S 87°O1' W 14.'79 feet along the right-of-way line; thence 93.06 Peet along a curve to the left having a radius of 402.39 feet along the right-of-way line; thence S 73°46' W 96.28 feet along the right-of-way line; thence 108.50 feet along a curve to the right having a radius of 382.97 feet along the right-of-way line; thence west 253.53 feet along the right-of-way line to line 2-3 of Tract 76; thence S 0°18' W 340.83 feet along line 2-3 to the point of beginning containing 35.78 acres more or less. 2. PROPERTY OWNERSHIP AND INTERESTS. Parcel 3, Sopris ~ Mountain Ranch, was acquired by Applicant from Mount Sopris Ranch Joint Venture No. 2 by deed dated June 27, 1990, and recorded on June 28, 1990, in Book 624 at Page 64. Title to Parcel 3, Sopris Mountain Ranch, is subject to the following: a. Taxes, assessments or charges by reason of the inclusion of the property in the Basalt and Rural Fire Protection District, the Mount Sopris Soil Conservation District and the Aspen Valley Hospital District.. b. Declaration of Protective Covenants and Dedication of Easements for the Sopris Mountain Ranch dated December 15, 1982, recorded December 23 1982 in Book 473 at Page. 748 and First Amendment to Declaration of Protective Covenants recorded November 19, 1987, in Book 551 at Page 259 of the records of the Pitkin County Clerk and Recorder's Office (all references herein to Book and Page numbers are in the records of such office). c. Deed conveying the irrigation water rights on such property to the Sopris Mountain Ranch Homeowners' Association dated July 30, 1983, recorded October 9, 1984, in Book 474 at Page 720. d. Articles of Incorporation of the Sopris Mountain Ranch Homeowners' Association recorded in Book 507 at Page 689 and Bylaws of the'Soprs'Mountan Ranch Homeowners' Association recorded in Book 507 at Page 693. e. The patent and mineral reservations or royalty interests recorded. in the following documents may affect the property: Book 55 at Pages 42, 43, 49, 69, 160 and 278; Book 162 at Pages 420, 436 and 524; Book 178 at Page 436; and Book 193 at Page 479: 3. ACCESS EASEMENT. Access to the north side of the property is from the West Sopris Creek County Road. Access to the south side of the property is from the county road and thence by Sopris Mountain Ranch internal access roads numbers l and 3. The road easements are 60 feet in width for access and utilities '' dedicated for the use of the owner of Parcel 3 as set forth in i Section 5 and Exhibit b to the Declaration of Protective Covenants and Dedication of Easements recorded in Book 473 at Bage 748, et seg. The location and engineered designs for the roads in place were previously approved and. permitted by the Pitkn County Engineer. 4: ADJACENT PROPERTY OWNERS. Paroels 2, 4, 32 and 54 of the Sopris Mountain RancY and U.S. Government survey Lot 8, of Section 28 of Township S South, Range 87 `West,' Sixth P.M. (hereinafter U.S. Government survey Lot 8) are adjacent to Parcel 3 of the Sopris Mountain Ranch. Adjacent Parcel 2 is titled in the name Mount Sopris Ranch Joint Venture No. 1, comprised of David E. Christensen, 608 Meander Drive, Grand Junction, Colorado 81501, as to a one-third undivided interest; Ranchgood Realty Corp., c/o B.S. Moss Enterprises, 1530 Broadway, New York, New `York 10036, as to an undivided one-third interest; and Heller, Warner-Villa Joint Venture, c/o Morton Heller, Box 98, Woody Creek, Colorado 81656, as to an undivided one-third interest. Adjacent Parcel 4 is titled in Norman and Laura Clasen as tenants in common, whose address is 3706 West Sopris Creek, Basalt, Colorado 81621. Adjacent Parcels 32, 54-and U.S. Government survey Lot 8 are titled in the name Mount Sopris Ranch Joint Venture No. 4, comprised of Davana, a Colorado limited partnership, c/o Daniel Spencer, Box 3676, Littleton, Colorado. 80161-367.6, as to an undivided one-half interest, and The Truesdell-Lewis Sopris Partnership, c/o T. Bruce Truesdell, 11573 Country Spring Court, Cupertino, California 95014, as to an undivided one-half interest. 5. HISTORY OF CON`IEYANCES. 'The Mount Sopris Ranch was acquired from Steven B. (Bart) and Mary Strang by Brewer, Inc., a -2- f _ i i Delaware corporation, in May, 1973. In July, 1974, Brewer, Inc., divided Sopris Mountain Ranch into 53 parcels each in excess of 35 acres exempt by state statute from subdivision regulation. As of ' July 24, 1974, title to Parcel 3 was vested in Hawaiiana Investment Co., inc., a Hawaiian corporation. Title to the adjaoent parcels on that date was as follows: Parcel 2 was vested in C.B. Rilauea, ' Inc., a Hawaiian corporation. Parcel 4 was vested in C.B. Rilauea, inc., a Hawaiian corporation. Parcel 32 was vested in Hawaiiana ' Modular Co., Inc.,-a Hawaiian corporation. Parcel 54 was vested in '' Brewer, Inc., a Delaware corporation. U.S. Government survey Lot ' 8 was vested in the United States of America. Parcel 2 was conveyed from C.B. Rilauea, Inc., to Mount Sopris Ranch Joint Venture No. 1 by a deed dated September 28, 1979, and recorded in Book 376 at Page 646. Parcel 32 was conveyed from Hawiiana Modular Co., Inc., to Mount Sopris Ranch Joint Venture No. 4 by deed dated September 28, 1979, recorded in Book 376 at Page 701. Parcel 54 was conveyed from Brewer, Inc., to Mount Sopris Ranch Joint Venture No. 4 by deed dated September 28, 1979, recorded in Book 376 at Page 698. Parcel 4 was first conveyed from C.B. Rilauea, Inc., to Mount Sopris Ranch Joint Venture No. 1, by Special Warranty Deed dated September 2$, 1979, recorded in Book 376 at Page 644. Parcel-4 was conveyed to the current owners, Norman and Laura Clasen, by Special Warranty Deed dated May 29, 1987, recorded in Book 538 at Page 283. U.S. Government survey Lot 8 was conveyed by United States Patent number 05-80-0026, dated June 30, 1980, recorded July 17, 1980, in Book 39I at Page 923 to T. Bruce Truesdell and Norman E. Mitchell. Norman E. Mitchell transferred his interest in U.S. Government survey Lot 8 to James E. Chrstell and Dorna P. Christell, as joint tenants, by Special Warranty Deed dated December 1, 1980, recorded March 10, 1981, in Book 405 at Page 409. The Truesdells and Christells transferred U.S. Government survey Lot 8 to Mount Sopris Ranch Joint Venture No. 3 by Special Warranty Deed dated July 30, 1983, and recorded October 9, 1984, in Book 474 at Page 711. Mount Sopris Ranch Joint Venture No. 3 transferred U.S. Government survey Lot 8 to Mount Sopris Ranch Joint Venture No. 4 by Special Warranty Deed dated June 11, 1990, and recorded June 25, 1990, in Book 623 at Page 791. Parcel 3, Sopris Mountain Ranch, and the parcels contiguous thereto have not been held in the same ownership since the date such parcel was created in July, 1974. Date: June ~, 1990. J seph Edwards, III, A.R. #14 ite 1 9, 201 North Mill Street A n Colorado 81611 (303) 925-7116 -3- o '~ ii ~ ~i j ~ti N :,•` N =" c'a U1 p m :- C J -v a :r . :u rn ~ ~ :.:,. f~O N r" ~ DECLARATION OF PROTECTIVE COVENANTS AND DEDICATION OF EASEbIENTS FOR SOPRIS MOUDITAIN RANCH PITKIN COUNTY, COLORADO • ~ox437 ,~:~~75~" _ w ,_ , _~ general area and must be watered and maintained until fully • established on their own. t. Restriction on Animals. No animals shall be allowed to run. loose or unreasonably bother or constitute a nuisance to others. Grazing of animals any- where on the property requires advance permission of the Association. Such permission shall be granted by one-year permits identifying the number and location of such animals. In the event of overgrazing of property by horses or other animals or if any such animals or poultry become a nuisance to other property owners, the .Design Committee may require the removal or restriction of such animals or poultry. u. Variances by Design Committee. The Design Committee may authorize variances from compliance with any of the provisions, covenants, conditions and restrictions contained in thin Declaration when circum- stances such as topography, 'natural obstructions or hardship may require. Such variances must be evidenced in writing. The granting of such a variance shall not waive any`pro- visions of this Declaration except as to the particular property and provision covered by the variance. 5. Easements Reserved. a. Road Easements Dedicated. The owners herebv dedicate and reserve to' the Association for the benefit of .all owners, appurtenant to the 54 parcels identified on Exhibit B, perpetual easements for ingress and egress as described on Exhibit D attached hereto to and from_ the public roads and between such parcels together with the right in the Association to construct., maintain and repair such roads and improvements thereon which are deemed by the Association to be necessary or appropriate to facilitate the purposes of such easement. The`Associatoh shall have'the right, with the approval of a number of owners sufficient to effect a change .of these covenants, to authorize either temporarily or permanently the use of such easements for the purposes indicated for the benefit of lands not. included in the Sopris tdountain "Ranch, including the authority to dedicate such private roads and easements to public use. b. Utility Easements Dedicated. The owners hereby dedicate to the Association. .for the .benefit of all. owners perpetual primary utility easements ten feet in width on each side of the boundary line along the entire perimeter of each lot identified on Exhibit B and along a dedicated county or private road, for the purpose of constructing, maintaining, operating, replacing, enlarging and repairing electric, telephone, water, irrigation, sewer, gas and similar lines, pipes, wires, poles, ditches and conduits, together with additional anchor easements_ adjacent to all such utility easements sufficient to allow all utility poles -6- ~~ ~ ~ ~ ~ ~ 8~ f _ 1 ar ~r ~ ~ Ti ~~. < ~ ~ i _ ~ ~ / ~ 11 ~ ~ ~~~ ~~c',r,~., _, A j~' 23 i ' /~/~ ~ ( i ! -^,J' ' ~ ~ . ~~ ~ ~~ ~ ;. ~ J ~ 4". P ~ _ ._.. T. ~ ! q,. :rri ~ ~~,~ ~ ~~ '~ ~ ~ ~ i~ " ~ e A 1 ~ r.~ r ', ...;~~. ~) it ~ ~~•.2 ~ 8 ..;' i¢. ~ / ,/ ', ~ '\ ~' ~ ~~~ X16 ~~ V ^ ~ I/ 7 1 ~i' ~ _ I / ~ ~ 1 ~ ~/ ..o~ ~ V v' y ~„ f ._.\ ti` v. 3 ~ ~ ., ... , ~ -' x _ Y -- ~- ., ~, . w. • Haan .~~~ ~ a,•.".. ¢. .. ~~~ ~~ ; - ~~, ~ 5 ~~ ~v ~ ~ x ~ ~ ti :~.~ ~, ., c~...v `"4~ F.v AJ ...y'-. ~ -~ .,. ~ ..:a..,w ---' .. air ~ ~ , ~-_.... ~ -'+~-•~ y ~.,..~ .,. ~,~ ~++-' " _~^`~" .~+ -+.~' :~ ~ c '+~, „y ~~,. x "`i"",.,,,,,-mom ...r^~vv „ _„ ~, ,R ,., .. .. ~ ~.. \, i ~~~~ ~ -.. ,. ;, ~c i ,,~ v ~ +~'~- 1 - 1 A c ~'~ ,. n,. n. Ln 1,r r_. ~ g. , ~ ~~) -' MINOR 1041 REVIEW SOPRIS MTN. RANCH LOT 3 APPLICANT RESPONSE TO TYPICAL 1041 CONCERNS Prepared by John B. Young Consultant Services On behalf of Jim & Dorna Chrstell, Owners 1. Description of proposed development; The applicant is requesting permission to construct a single family home on lot 3 of 5oprs Mtn. Ranch. The proposed home would conform to-all Pitkin County Code requirements as well as the all of the restrictive covenants of the subdivision. The home has not been designed at this time. Access would be off of Ranch roads #1 & #3 via W.Sopris Crk. Rd. The lot is 35.78 acres. 2. General Comments; Lot 3 is perhaps the least controversial in the entire sub- division due to several factors. Its proximaty to the road and other development in the subdivision, along with the fact that there are no mapped hazards on the building site, make it an ideal lot for development. 3. Wildfire; There are no wildfire concerns with regard to the building site I, selected. In fact the'site is located in an area that has no vegatation other than native grasses. (See attached map and photo)' 4. Wildlife; Randy Cote of the Division of Wildlife has reviewed the site and had no concerns with the lot but requested fencing and kenneling language which the applicant has agreed to. ' 5. Slopes in excess of 30%; There are no slopes in excess of 30% on the selected site, in fact the proposed building site is virtually flat. 6. Sewex and Water; The applicant agrees to comply with the requirements of the Pitkin County Environmental department for the septic tank and field. The water will be provided by a domestic well to be drilled' and approved prior to a building permit being issued. The applicant expects no trouble with quantity or quality of the water due to the fact immediate neighbors have excellent water from their' wells. 7. Other concerns;. ', There are no other 1041 concerns applicable to this application. ,K _ ~~ ~'- ~ ~ DATE RECEIVED: 9 10 90 DATE COMPLETE' PROJECT NAME:_ Project Address APPLICANT- JamE Applicant•Address: REPRESENTATIVE~ Representative.Ad PARCEL ID AND CASE NO. o?'~(05-0?~~/-y7-oat P114-90 STAFF MEMBER: ES ~.•A Deo{ ev. ~I PAID: YES NO AMOUNT: 5223.00 NO. OF COPIES RECEIVED; 9 TYPE OF APPLICATION: 1 STEP: X 2 STEP: P&Z Meeting Date PUBLIC HEARING:. ,.. YES NO VESTED RIGHTS: YES NO BOCC Meeting Date PUBLIC. HEARING: YES NO '` VESTED RIGHTS: YES NO Staff Level: 104.1. Minor Hazard Review: Date _of Approval ~'~,~`[_- REFERRALS: Attorney Aspen Consol S.D. School District 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. IISFS (Aspen) ', Caucus Airport Manager' BLM -Zoning CO Geo. Survey _ -City P&Z ~ Other: Homeowners Assoc. DATE REFERRED. INITIALSC FINAL ROUTING. DATE ROUTED,:' lit !~ INITIAL~ _ County Attorney County Engineer `y Zoning _ Housing Envir. Health _ Other: FILE STATUS AN LOCATION: `-^'~ ~ 0~1= J 5 ~ q , .. a ,. ~ ~