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Home My WebLink Aboutpitkin.planning.246534201007 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 (11%17) _ ~_ ,-- ~ ~ MEMORANDUM TO: Clasen File FROM: Ellen Sassano RE: Clasen Minor 1041 .Review DATE: July 2, 1990 LOCATION: Lot 51, Sopris Mountain Ranch; West Sopris Creek Area; Sections 33 & 34, Township 8 South, Range 87 West ZONING: RS-30 REQUEST: Norm Clasen is requesting approval of a minor 1041 Environmental Hazard Review for wildfire. He is proposing a building envelope on and access to Lot 51 of the Sopris Mountain Ranch Subdivision. The lot is approximately 35 acres in size, It__ is accessed off of an existing graded. and. graveled Yoad. The applicant proposes to build a__sngle family home on the lot, which is currently vacant. As the proposed driveway to the building envelope is not encumbered_by excessive slopes, it should be relatively easy to grade in. Water will be provided to the site via an on-site well. The applicant has been informed that water should, be available at a depth of approximately 175 to 2p0 feet at a flow of 1b gallons per minute. Aseptic system is to be developed in accordance with Pitkin County Standards. Bob Nelson, of the Environmental Health. Department has indicated that soils in this area may present some difficulties in development of a standard septic system. The applicant will be required to work with`the Environmental Healtr. Department in determining design and location of a system which is adequate for this site. Utility extensions will be placed underground. Underground electricity already exists to the site, and telephone will be installed during the summer of 199b. There are portions of Sopris Mountain Ranch which contain... critical wildlife habitat and calving areas for elk. This lot is not mapped as wildlife habitat.. However; due to the proximity of the site to wildlife habitat, the applicant shall provide the following miaigation measures, as recommended by the Division of Wildlife: a) Dogs shall be kenneled and leashed. b) Fencing shall be limited to 42" in height and three strand or less, or as approved by the Division of Wildlife. Wildfire hazard is mapped on site. while the building area is relatively free of scrub oak, there is wildfire hazard in the vicinity of the proposed drive and in spots within the building area. The Basalt Fire Protection District recommends that the applicant provide a buried water tank with a 2,000 gallon capacity for wildfire mitigation. They also recommend an in- house sprinkler system, though they have no formal means of requiring it. Staff concurs with the recommendation. In addition, it is' recommended that the applicant also abide by recommendations made in the Colorado Forest Service.,, publication, "Wildfire Safety Guidelines For Rural Homeowners," attached. FINDING: i) The Lot and portions of the five acre ..building envelope are encumbered by mapped wildfire hazard. The applicant agrees to mitigate said. hazard through the provision of a 2,000 gallon water storage tank .and adherence to guidelines in the Colorado Forest Service _ publication, " Wildfire Safety Guidelines For Rural Homeowners." 2) The lot is not mapped as wildlife habitat. Ho*aever, due to the proximity of the site to wildlife habitat, the applicant has agreed to provide the following mitigation measures, as recommended by the Division of Wildlife:. a) Dogs shall be kenneled and leashed. b) Fencing shall be limited to 42" in height and-three strand or less, or as approved by the Division of Wildlife. 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.. RECOMMENDATION' 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 Clasen 1041 Minor„Hazard Review Said.. approval is subject to the ,. _. recommendations listed below. T'f`~"you `agree' with Staff's recommendation, please sign this memo, which will serve as a reference document authorizing approval of said application. Planning Director's sign-off on a 1041 Review 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 copy shall be placed_in the file. CONDITIONS OF APPROVAL: 1) The applicant shall mitigate wildfire hazard in ... .. the following manner: a) The applicant shall 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 State Forest,Service Publication," Wildfire Safety Guidelines For Rural Homeowners." They are as follows: - An external water supply for fire fighting shall be provided .(small pond, cistern, well or hydrant) __ - The Applicant shall thin or clear any trees or shrubs as necessary within 30 feet of the proposed residence; - 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 Septic .System design and location ..prior to issuance of a Building Permit. 3) Due to the.. proximity of the site to wildlife habitat, the applicant shall provide the following mitigation measures, as recommended by the Division of Wildlife: a) Dogs shall be kenneled and leashed. b) Fencing shall be limited to 42" in height and three strand or less, or as approved by the bivision of Wildlife. 4) All conditions of approval shall be noted on they 10/41 Review Site Plan. /J~~~ ` ~ ~i~~'/ 1, G,rS~//7/ ~'~ l Amy Margerum, P' nning Director x .o .._ x, ... ~ .. ._ .. TO: .County Attorney FROM: Ellen Sassano, Planning Office RE: Clasen 1041 Minor Hazard Review DATE: January 17, 1990 Attached for .your review and comments is, an application from ..Norm Clasen requesting administrative approval of a minor hazard review. Please review this material .and contact. me if you have any comments or concerns... .:Thank you. Norm Clasen Photography Boz 1155 Basalt, Colorado 81621 303 9254418 ,..,..,. ~. ~ _ ...,a... Ma. Ellen Sassano ~ ~ - "` ~_~'~ ___ ~ .. ,. ..r Pitkin O,ounty Planning`Dept µ „; 130 South Galena St Aspen, CO. 81611r~ _.. k; - ~ - -w ~ .....Jan. 10, 1990 ._ .., ?~ Dear El en, Our purpose for. applying for a 1041 review is,;_to address the mapped concerns` of wildfire on lot 51"0 pris Mtn.`ltanch.~' ~ ` ' `' We intend ta,buld aes,ngle fancily home on this lot. There is an existing "' .,, ..,..,..g g g ~ .~_~ .A,.~ road fo the lot that is""raded'and raveled. Under round 'electricity "" exists to thelot and underground telephone will be installed this `summer ,_,,,,__,M _m ... ,~; We-:plan on developing"~ s2ptic system "in accordance with Pi~kin County Standards. The.. building site is very condusive to~ this. We have sgme .., r. ._~ `experence withthis from pasthomes built heYe ,'Bob„Nelson has been e ,_ _.._ ~ _ __ .-_- the guiding force in helping to determine the locations"of these,_systems. The building site we have selected is,,,_located on a gentle grade and requires @ua~thwor$.,~W°e have also had Mr Larry Kendall cheeT< a minimum amount of~ ~ ~ "~~ our site for water. He`indicate5 wt have excellent water within 100 feet ~~ ..~«,~~~,._ ,Ww ~.....,H~~,,~...:».»«~~,~.,,.~. of our proposed homesite. He ,indicates` a„flow'of 15'gallons per minute at a depth of"175 to Z00 feet; Mr. Kendall has "witched" every we1L in this area and has not missed, on,one of them "" w We understand the fireconcerns in rural areas and ~nll workto clear ~ .. . ,..,,v..,~.a ,~., ,,,.,._u~~.~.m-~.v,,,....~w.~..,..~,......Ma,.b,~„~.,. anq brush or foilage that is necessary after an on-site determination is made. I hope this answers any questions you may have on lot 51 andsummerzes our intentions for construction, ,,,,,,,: Very Eruly rs~ Norm Clasen m 3 MESSAGE D2SPLAY To Ellen Sassano CC Tom Smith CC Cindy Houben From: Tom Smith Postmark: Mar 19,90 8:28 PM Status: Previously read Subject:uilding Permit Review Message: We should meet to clarify the ppresent policy. Consider this: The exemptions listed in_section 1'g~-2.5(a) apply unless 1041 Review is applicable (see 18-2,5(c)). TYierefore most minig claims and other sensitive parcels are not exempt. However, 18-2.5(c) eliminates the exemption for "a single family or duplex," and does not appear to eliminate it for remodels. This may be an appropriate change. Glenn's memo fails'to deal with .the exemption issue, but it has not come up because 1041 has.. always applied. Let's discuss........ ----------=====X=====___------- PROJECT APPLICANT'S REPRESENTATIVE: /~m..(f4'_~'i,.,. _ _. REPRESENTATIVE'S PHONE:~~7~`~'~'~,~ OWNER.' S NAME.: (YN.. ~~~a1.e~ SUMMARY 1. Type of Application:~..ei/ ~ ~f~ 2. Describe. action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Aaent Comments 4. Review is: (P_&7~ Only) -(CC Only) (P&Z then to CC) 5. Public Hearing: (YES (NO) 6. Number of copies of the application to be submitted: ~ 7. What fee was .applicant requested to submit ~~-s t~~~dy.~l 8. Anticipated date of submission: \~~0~{~~ `'~ 9~. COMMENTS/UNIQUE CO~NCF~RN~3:~:f/~t,~m ~t2~-: ~ )~ -tr~'%P=}'rte '"~"r-~ ~G~~-~ ~ a C P~~~ ~ ~t~~f~re_apP ~.. .. ~ // _ APVENDIX 6 _ _._. x .. Pro'~".t Number '_ Section/Parcel Date Submitted , _ _ ..,rid unty t ~tk~n co w _ i~ f0 3~ rnanoi rTCn nv THE APPLICANT: SAME 4DDF aspen, color ado 81611 LAND USE APPLICATION PHONE 3D >- ~?~"~~ J _ DT~..S~/ C~DI~~J' ~~ ~~~1JC~f NAME OE PROJECT PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any natural hazard and resource, areas, any other special regulatory districts, Section 5, Land Use Code; aid locate on appropriate CSU/ ERA Maps any areas not coveredby the above.) TOTAL AREA ~ C ~~'.~ /~ (EXISTING USE(S) ~/~.~ [~~-/-~~/~ ~~~~~~~~ ROPOSED USES approximate "s ,_ ootage for each) RESENT ZONING OF SLTE PTION OF LAND USE PRO BE COMPLETED BY THE PLANNING OFFICE PE OF APPLICATION: REZONING GROWTH MANAGEMENT P.U.D. SUBDIVISION SPECIAL REVIEW EXEMPTION BUILDING PERMIT REVIEW 35-acre + SUBDIVISION IEW PHASE: PRE-APPLICATION DATE COMPLETED GENERAL SUBMhSSION P.C. ACTION DATE BOARD ACTION DETAILED SUBMISSION P.C. ACTION DATE "BOARD ACTION DATE FINAL PLAT BOARD ACTION DATE ~'°~ , ~. PARCEL l{ 51 Revised A parcel of land bcinl; part of t:ht li'3 of the SH);, and the STt.i oi` chr ^11i':; of Scceion 3.i and the S!z of the NlV':t anti the :StV'., ul' Scctiui, 1~I; 'I'utdnslrip R South, Range 87 IVest of the G:h Pr.inc.ipal. Dlc:rid`.i:n,. Said parcel is more frilly dc•si~ribed as fr,l loins: bc)~inni.nl; at a point whence the SuuLhr;c>:c c•.orner of sa.i.d Socr.Son 34 bears f S 230 51' 04" {V i;;i5L..iG :ft.; thoncc S.G2 ft, along a curve to the ril;l,t having a radius of 600.00 ft. (the • chord of tahich be:u•s S St~o 1~1,' 44" IV 5. G2 ft.) thence S 5G° 2S)' W 305..00 £t.; thence 30;i. 10~ft. a.lottg a curve ' to the right having a radius of SU0.00 ft.; thence 4h1.42•~fe. along a curve to the. left having a radius of SU0.00 ft.; t:hcncc S 40° 3S' N 53;5.79 ft.; thence N SOo 34' 47" IY 629.4; ft.; thoncc 279,25 ft. 'along a curve to the right having a radius f 200.00 ft. (the -~ chord of which bears N 3° 19' N ` ft.); thenc.c 13.',.95 ft. alon); a curve Co the luPC having a radius of 300.00 ft.; thence 196.06 ft. along a curve to the right having a radius of ~IOO.OO ft.; thence N 39° 11' ): 95.00 ft.; thence 271.46 ft, along a curve to the 'left•• hawing a radius of 400. U0 ft.; thence N GO° 33' 11" H 796.26 ft.; thence S 43° 55' li 11.60.42 ft. to_tlte.point of beginning. Said parcel contains acres more or ,. less. ~ 3J ~~ ~~ .. MICHAEL J. ROTKO HOWARD J. CRESKO FF, P.C. ALISA G. FIELD' JONATHAN L. BRAFF PATRICIA MORAN STARNER' NICHOLAS V PINTO• JUDITH M. WOHL' SHARON OOUGNERTY ' • w~so NENecR or o. e. 9AR • wle0 M[MBER OP N.J. BAR ROTKO & CRESKOFF ATTORNEYS AT LAW AND PROCTORS IN ADMIRALTY 200 LIPPINCOTT BUILDING 227 SOUTH SIXTH STREET PHILADELPHIA~PA. 19106 (21fi) 922-5056 TE LECO PIER (215) 922-3251 -September. l2, 1989 Mr. and Mrs. Norman Clasen 0160 Spring Creek Road Basalt, CO 81621 Dear Norman and Laura: NEW JERSEY OFFICE: 340 ROUTE 73 SOUTH P. O. BOX li0 MARLTO N, N. J. 00053 C609) 985-1776 PATRICIA MORAN STARNER N. J. RC SPON e~OLE wTTORN[Y This is to confirm that the date for your payment to me on Lot #51 at Mount Sopris ranch is extended to January 30, 1990. Sincerely yo rs, Michael J. Rotko MJR/lm cc Herbert Klein, Esquire n ~ The printed portions ofthie form aDDrov¢d by thel Colorado Real Estate Commission (SC 27.2.81) THIS IS A LEGAL INSTflUMENT. IF NOT UNOEflST000, LEGAL, TA%Ofl OTHEfl COUNSEL SHOULD BE.CONSULTED.BEFOflEsIGNING. VACANT LAND. CONTRACT TO BUY AND SELL REAL ESTATE ~ ~- (Remedies Include Specific Performance) f~ I2 l ,ls~ 1 Nr7A"'IANd G,A/R,f Ct,gSritJ 1. The undersigned agent hereby acknowledges having received from rnC i the sum bf$ 1.00 ,in the form of cash '' ^^ ~.t-~ . , to be held by ° r<-~**:~-~=r tS-a ~~~-. broker, in broker's escrow or trustee account, as earnest money-and part payment for the following described real estate in the Pi tkin County of , Colorado, to wit: p Lot or parcel #51 of the Sopris A'buntain Ranch consisting of 35.80 acres Tmre or , less and rare fully described in deed recorded in Book 292 at 1?age 116 of the records of. Pitkin County, Colorado, and being a part of the E-1/2 of the SF.-1/4 and the SE-1/4 of the AIE-1/4 of_ Section 33 and the S-1/2 of. the NW-1/4 and the SW-1/4 of Section 34, 'Ibwnship 8 South, Range 87 West of the 6th P.M., ~~ together with all easements and. rights of way appurtenant theretib, and all improvements thereon andall fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary r wear and tear excepted, and hereina f ter called the Pro4arty. pB-Z~i~, ~ 9 2. The undersigned person(s) /`~ ~ ~~a d' `^ ~l)~ CL C.-fl `$_~v /4--~. (:~/tenants ih common), hereinafter called Purchaser, Hereby agrees to 6uytheProperty, and the undersigned owner(s), hereinafter called Seller, Hereby agrees to sell the Property upon the terms ahd conditions ~ ~ stated herein. $98,601 & cancellation of note ~l.L- 3. The purchase price sha1~11~e~.S~~aSeris to Rotko~ayableasfollows:$ 1 00 herebyreceiptedfor; and the balance payable on closing by Purchaserin-coD-Q.rn "Tott"'P~'""'~' I /L~ 4. Price to include: and the following water rights: N/A 5. I~rw w loan is to be obtained by Purchaser from a third party; Purchaser agrees to promptly and diligent] apply for such loa execute al] documents and furnish all information and documents required by th er, and (c) pay the customary costs o aining such loan.Theh if such loan is not approvedon or befog ,_ , 19_, or if so approved but is not ava at time of closing, this contract shall be nu void and all payments and things of value received hereunder shallbe re Lo Purchaser. G. Tf a note and trust deed ormortgageis to be as d, P r aser agrees tD apply for a loan assumption if required and agrees to pay (1) a loan transfer feenot to e $ __, and (`L) an interest rate not to exceed % per annum. oan to be assumed has 'sions for a shared eryuity or variable interest rates or variable payments contract is conditioned upon Purchaser re ing and consenting to such provisions. If the lender'sc t to a loan assumption is required, this contract is conditions on obtaining such consent without c e m the termsand conditions of such loan except as herein provided. 7. 1f e is to be made payable to Seller as partial or full payment of the purchase price; thiscontract sha slgnable byPurchaser without written corisent of Seller. ' 8.Cost of any appraisal for loan purposes tobe obtained after this date shall be paid by -w..___.-._-,-.. _ _ .._~...-.. rti .. _ __. _. - No. SC27-2-81. CONTRACT TO BUY AND SELLRF.AL'ESTATE (Vacant Landl -- 686 '~~+ .A:/ aradford PuMishin6. 5825 W: bth Ave., LakewoM, Cp$021a-!707)2?3-6900 -___ ' 9. An a't3e~H'set efttb}e !o-thT'gpeHeptY ""` '" '-`erer a current commitment for title insurance policy in an ~ ~ amount equal to the purchase price, at Se,ller's npkien axes expense, shall be furnished to Purchaser on or before ' ,Seller wall ' deliver the title insurance policy to Purchaser after closing and paythe premium thereon. 10. The date of closing shall he the date for delivery-of deed as provided in paragraph 11. The hour and place of closing shall Fie as designated by--hy--P„-rhn ce,- ~ 11. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the otherterms and provisions hereof, ~! Seller shall execute ad deliver a goodand sufficient r-al warrant deed to Purchaser on ~~' Sept,.30 or sooner on ten c~'ays -SPEC Y li notice frees-sir--t~-sg}ie}.9 8~, or, by mutual agreement, at an earlier ,late;conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except _nnpne free and clear of all liens for special improvements installed as of the date of Purchaser's. signature hezeon, whether assessed or not; free and Blear of alTliens and encumbrances except as s tated in paragraph 11 on ~ ~ original contract, dated 23 May 1983, to buy & sell real estate between Rotko and C~asen - .except the following restrictive covenants which do not contain a right of reverter: ~ fl same as above and except the following specific recorded and/or apparent easements: same as above and subject to building and zoning regulations 12. Except as stated in paragraphs 11 and 13, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's a ent on r g o before date of closing, Seiler shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of I closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph I~ 13, if title is not rendered merchantable as provided in thisparagraph 12, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and al] payments and i! things of value received hereunder shall be returned toPUrchaser. I; - I ,.13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this ~ transaction orfrom any other source. Provided, however, at the option of either party; if the total indebtedness ~~ secured by liens onthe Property exceeds the purchase price, this contract shall be void and of no effect and each party ' heretoahal] be released from all obligations hereunder and. all payments and things of value received hereunder shall be returned to Purchaser. Homeown 14. Genera] taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and ers assessments and other prorations customary to r rea~ e~ots~e ~ " ` shall be apportioned to date of delivery of deed. I I Simila ~gio~t ~f~`~~t~peg~Shall be del+vered to Purchaser on delivery of deed ~~ subject to the following leases or tenancies: I ~i none i~ I I i ; 16. Tn the event the Property is substantially damaged by fire, flood or other casualty between the date of this contractand the date of delivery of deed, Purchaser may elect to terminate this contract; in which case all payments ' ~,~ -and things of value received hereunder shall be returned to Purchaser. 12 .Time is of the essence hereof. If anynote or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case i 'all payments and things of valuereceived hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in fullforce and effect and Purchaser shall have the right to an action for specific performance erd•ama:gea; e~{~},.}s. ~ i (b) IF PURCHASER IS INbEFAULT, (1.) Seller may elect to treat this contract as terminated, in which case ~ J, ail payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller ' ~ may recoverauch damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and -effect and Seller shalihave the right to an action for specific performance sr~de»iagee-~ery~.}~. i, (c) Anything to the contrary herein notwithstanding, in the event of anylitigation arising out of this contract, the,court may award to the prevailing party all reasonable costs and expense, including attorneys' Fees... L 18. Purchaser and Seller agree that, in the event of any controversyregardingthe earnest money held by broker; I ~ ., unless mutualwritten instruction is received by broker, broker shall not be required to takeany action but may await any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may recover court costs and reasonable attorneys' fees. I ~i ._ 1. K I i _.II I jj~ j ,I ' ~ i ~ ~~ », 19. Additional provisions: Seller releases purchase bf any obligations arising out of any previous agreement between the two parties 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before 1 _, this instrument shall become a contract between Seller and Pukchaserahdsfiall inure to the benefit of tk~ ~ •s, successors and assigns of such parties, except as stated in paragraph7. Pure aser Broker Norm Clasen pate r.°r`"a"r Laura Cl~a's')e~n- Purchaser's Address ~1 ZC.c S By: ~ .~ ~' (The following section to be completed by Seller and Listing Agent) 21. Seller acceptsthe above proposal this __ day of , 19_ and agrees to pay a commission of %of the purchase price for services in this transaction, and agrees that, in .the event of forfeiture of payments andthings of value received hereunder, such payments and things of value shall be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, andtfie balance to Seller. p Seller ~X/R~'~ AJL/------'~~~~ ~~ °~ Seller Seller's Address I.rst'--e",,z~asaca~ldTdd'reas ~,', ,. April 27, 1982 Joseph E. Edwards, Jr. 201 South Mill Street Aspen, Colorado 81611 HAND DELIVERED Re: Bart Strang Ranch Dear Joe: p~~kin county 508 east main street aspen, Colorado 81811 Being returned to you are the Aspen Title Cony~any abstract and corporation docu- nents earlier submitted ,with respect to the foimer Bart Strang Ranch. Based on these documents and information supplied by you I offer the following opinion. HISTORY In July of 1974 Brewer Properties, Inc. ('Brewer") executed 34 deeds for the former Bart Strang Ranch (2OO4A) for lots varying in size from 35 to 50 (approx.) acres to three corporations. Three correction deeds (survey errcrs) were°recorded on October 1st; but other, than these, all wnveyances were recorded on July 29, 1974. All the deeds were special warranty deeds;shawed docwnentary fees of from $2.50 to $3.00; and had detailed survey descriptions. The wnveyanc~s were admittedly done in anticipation of the proposed amendment to include large lots (35+ acres) within the definition of subdivision. With respect to the County's actioh on the amendment, the records show: October 23, 1974 P & Z reeamended approval of the amendment deleting the 35 acre exception. November 14,1974 Published notice of the public hearing. December 16,1974 P1JCC public hearing. December 23,1974 ~ BOCC adopted resolution amending the code. - The Board has been presented with several proposals for development, the most .recent was considered and denied in late 1974. The reasons given for denial were insufficient access roads .(West Sopris Creek & Prince Creek Roads); impacts on other public facilities; location next to critical elk wintering, migration and calving areas; inconsistency caith adjacent agricultural areas; and questions as to the adequacy of the water supply. ro __. __. M : __ - __ _ ---__ ,....., eu... .. ,. ~ ~: ,. ,, .. _. .: N .Page 2. ,ISSUES ~ , With the recent decision. in Pennobswt v Board of County Commissioners the ability of a landaaner to subclzvide 35+ acre tracts wit*~out subdiv sii o approval is no longer at issue. what is of concern to us, however, is whether the tracts parcelled in 1974 are to be deemed subdivided lots (prior to the adoption of the G~ quota allocation system) so as to be exempt frcm the quota requirements (5-510.2) and the mandatary PUD rs3uiremPaztsl. Two elements of our subdivision regulations. appear to be relevant. They are subsections (b) and (c) of-the defini- tion of subdivision found in Section 20-1 (p.234 Supp.2) "(b) No subdivision of land shall be deemed to have occurred merely by reason of the establishment of a public right=of-way (for aaoess or utility purposes) across. such land. without regard as to whether such right-of-way was ao3ui.red by,dedication or establishment by prescription. (c) In the event that two or more contiguous parcels of land, previously. separately conveyed (or described) shall come under single ownership, the division of land into. two (2) or more lots, tracts, sites, parcels, separate interests, interests in coimion, or other division, even if ai~.aed along the line of a previously described or conveyed parcel, shall constitute a subdivision of land. Nothing herein shall be deemed to apply to a lot shown on any recorded subdivision plat, unless such subdivision plat shall not have received those approvals required by state or local. law." The two issues as I see them are (1) did Brewer affect a subdivision (parcelling and conveyance) o£ the lots in 1974 and (2) if so, have these lots maintained"their separate identity (or, conversely "merged"under (b) or (c)) subsequent to that time. 1974 CONVEYANCE'S As noted above the deeds issued were in .good form, with o~lete legal descriptions, and doctmient fees. indicating consideration was received. Grantees of the deeds from Brewer are 1. Hawaiiana Investment CO. ,Inc. ("Hawaiiana") (16 lots) 2. C.B. Kilauea Inc. ("Kilauea") (1.5 lots) 3..Hawaiiana Modular. Co. ,Ina. ("Hawaiiana Mr~dular") (10 lots) with 13 lots being retained by Brewer. Documentation submitted by you shwas: 1. Hawaiiana was incorporated in Octr~ber-1970 in Hawaii and was a corporation in good standing in 1974. 1• It is my understanding that the land is zoned RS-30 PUD. The PUD requirements, however, are not applicable for the construction of a sir)gle family home where the subdivision of land is not proposed. 3-1.9(c) /: ,v /~ ~` Page 3. 2. `~ Kilauea was incorporated in 1972 in I~awaii and was a corporation in good standing in 197:4. Hawaiiang Modu~d~ ~co9rporated in Hawaii in 1973 and was a corpora- tion in ood s g Jf ~ 3. 4, Brewer is a Delaware corporation incorporated in 1972 also in good stand- ing (at least in I3awaii) in 1974,1. You have stated that in 1974 all corporations other than Brewer were wholly owned subsidiaries of Brewer or each other. It is true that the mere execution and recordation of a deed does not create a con- ... elusive presumption of a conveyances of an interest in land.. Curtiss v Ferzis, 452 p. 2d 38(Colo.1969), And that the Colorado courts will ignore"the sparate legal identities of corporations when necossary to prohibit the pe~tration of fraud or evasion of the law, or whenever justice so re3uires, Bisho vs. U. S., 16 F 2d 410 (C.A.A. Colo. 1926); Fish vs. East, 114 F 2d 177 (CB.~ Cir. 940 Sell vs. U. S. 336 F 2d 467 (C.A. 19th Cxr'. 964 ;Fink vs,Mont ome F -------_. • (1966); Contractor's Heatin and Su 1 elevator Co.,,421 P,2d 735 dustral Commission vs, Lavach, 439 P.2dC359vsCo oe1968)32Rosebud3vs(COlo.1967); In- P.2d 367 Colo. App, 1977 Hi11 vs. Deanni.n, 609 P, 2d 127 (1980); G1ide~vsgg1City6of 'Lakewood, Colorado Supret~'COUrt No. 80 SC 81 decided November 2, lggl --~-,-- However, I think that under the facts of this case a court would not "pierce .the corporate veils" of the cozporate entities involved. But, rather the facts evi- dence effective conveyances to separate legal entities, for consideration, not established for the purpose of perpetuating fraud or evading the law. I~Rl~R ~lYing on the abstract and January 6, 192 menro in which the results of the ab- stract were analyzed, I would conclude that: 1. Lots 26 & 28, and lots 40 & 43 have merged under subsection (c) of the County definition. 2. Lot 54 is less than 35 acres in size; the location of the. right-of-way does not establish it as a separate parcel (see subsection (b) of the definition of subdivision); and development authority would not be .granted absent ~g.'llance with the County subdivision and C~ regulations. Pfeifer v Board of Coun Come{ssioners, 546 P.2d 94fi (1976). DISQ3~SMEg , Be advised that the above does not guarantee issuance of any development pe~,~, Catpliance with Section 18-2 of the Land Use Code, inter alia, is required, This opinion is directed solely to the question of the need'foi omc~plianoe with the County's subdivision, mandatory P,U.n. and C~ allocation r p ooedures prior to 1 I have relied for this and subsequent comrents on Aspen Title abstract and Jan ownership exclusively on the the oJrporate d uarY'6, 1982 file ~ro for mY comn?nts; as well as oc~urents submitted by you. .,>.:.. . ,M. „ .~M.~. __ ~_____ _ ~. ~ ~ ~ ~ ~ -Page 4. issuance of development authority for the separate parcels (identified a, ~ 1 through 54) of the Strang Ranch. Very truly yours, ~y Sandra M. Stoller County Attorney SMS:pb ~ ~ ~ rv3 Y •Y/ i • CASELOAD SUMMARY SHEET Pitkin County ~ DATE RECEIVED: 1/10/90 PARCEL ID AND CASE NO. _ 'DATE COMPLETE: 2465-342-00-007 P4-90 STAFF MEMBER: •Z S PROJECT NAME.: CI Project Address: APPLICANT• Norm C1 Applicant Address: REPRESENTATIVE: Same Representative AddressJPhone: PAID: YES NO AMOUNT; $113.50 NO.~OF COPIES RECEIVED: 6 TYPE OF APPLICATION;... 1 STEP; 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 V Staff Level: 1041 Minor Hazard Review: Date of Approval --------------- REFERRALS: . b/ Attorney Aspen Consol S. D. School District Engineer Mtn. Bell Rocky Mtn Nat Gas Housing H:•ly Cross _ '.State. Hwy Dept Aspen Water Fire Marshal (Glwd) (GrJtn) Envir. Hlth. '_ Snowmass Vill .Zoning Manager FAA. CO Geo. Survey Div. Wildlife. _ Div. Water Res. _ 'USFS_(ASpen) . Caucus _ 'USFS (Carbondale) Other: _ q~ ~ ~~/ F'J INITIALS ~' DATE REFERRED: : _ FINAL ROUTING..: DATE ROUTED: INITIAL:- _ County Attorney County Engineer Zoning _ Housing Envir. Health _ Other FILE STATUS AND LOCATION: a~ :~1Nd~ 18~! f~f,~l~AR~ ~~~~~Gi! 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