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HomeMy WebLinkAboutpitkin.planning.246717200003__. DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION ' LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) _.___ __. ~~ .. l RESOLUTION OF THE BOARD OF COUNTY COMNII$SIONERS OF PTTKIN COUNTY, COLORADO; AFFII21\aNG A BOARD OF ADJUSTMENT DECISION THAT APPROVED A HEIGHT VARL4NCE FOR GUIDO MEYER Resolufion No. 99- /D/ RECITALS 1. Stacy Standley ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to appeal the approval by the Board of Adjustment ("BOA") onMazch 2, 1999, of a height variance for an 8 foot game fence on Guido Meyer's property, where only a 6 foot fence is permitted by the Land Use Code. 2. The Applicant is an adjacent property owner and asserts that Mr. Meyer did not prove a substantial hazdship. 3. The Meyer property is located at 23655 Two Rivers Road, Basalt, and is described in Exhibit A. 4. The BOCC heazd this application at a duly noticed public hearing on May 12, 1999, at which time evidence and testimony was presented with respect to the application. 5. The BOCC finds that the Board of Adjustment's decision was justified, based on the following: • The Meyer property has historically had elk and deer damage to growing crops and to the nursery azea; • State statute requires the Colorado Division of Wildlife `_`to supply useable and appropriate damage prevention materials" to nurseries; • The fencing materials were provided by the DOW and comply with the DOW specifications; and • Prohibiting the 8 foot DOW specified fence would likely subject the Meyer property to foraging elk which would likely result in the destruction of crops and nursery plants. NOW, THEREFORE, BE TT RESOLVED by the BOCC that it does hereby affirm the Board of Adjustment decision granting a height variance'to Guido Meyer for an 8' fence. ~ ` NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekl on the 10th day of April, 1999. l llllll1111111111~ 111! 11111111111111111 il!l~1111111I1i1_ 43232808/18/1999 09.31A RE501UT? DpYIS SILYI 1 of 3 R 0.00 D 0.00 N`0.00 PITK?N COUNTY CO ,..,. .., ;.,, ~.r,. ..:;a , .,.... , ~ . ..... ~ .;. ,~,. .~.~~.. l.~:m4 .. aw:;..J; .. _ _ ~ _. a ,~ ~.. _` ~,: ~ I I - Resolution No. 99-fg~ Page 2 APPROVED AND ADOPTED on the 12th day of May, 1999. ATTEST: Dep ty Clerk d Recorder APPROVED AS TO FORM: ~- John Ely, County Att ey Case #P38-99 PID #2467-172-00-003 suzannew\pitkin\cases\appeal\staudiey reso APPROVED AS TO CONTENT: ~ s ~~ Cindy Houben, T Community Development Director b liilll iilli iillli liil iliii illii ifll~il III I~IIi Ilil.liil 432326 06/18/1999 09 31R RESDLUTI DAYIS SILVI 2 of 3 R 0..00 D ~ `~~~" ~':0~ P"iT1C"IT~ ~'LJL°NT~7 _i`D BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i i il~. Leslie J. Lazo t, Chair Date '~ Ct `~ ofo un e tYi a,4.k e6x~ xp §i EXHIBIT "A" LEGAL DESCRIPTION MEYER FAMILY LIMITED PARNERSHIP 23655 TWO RIVERS RD BASALT CO 31621 LOTS 2,3,5,6.1 l SEC 17-3-36 LESS T0.4SPEN JUNCTION. LESS RO CENIETERY6 ACRES LESS TO CO RD 5 ACRESZESS TO NIELA CER15E 10 ACRES FROM N1ELA CERISE .506 ACRES SAM LETEY HOUSE LESS .4 PERPET.4UAL EASEMENT 50 FT. ON EACH SIDE OF THE CENTER LINE OF T.dHE COLOR.4Di~ -LITGELECTRIC ASS'V i.~ ,.. i j j 1, 4.. - .. MEMORANDUM. TO: Board of County Commissioners Regular Meeting -May 12, 1999 ggCC &„ c 44 THRU: Cindy Houben,~mmunity Development Director FROM: Suzanne Wolff, Planner RE: Standley Appeal of a Board of Adjustment Decision _, ,., REQUEST: The Applicant is appealing the approval by the Board of Adjustment ("BOA") on March 2, 1999, of a height variance for an 8 foot game fence on Guido Meyer's property, where only a 6 foot fence is permitted by the Land Use Code. The Applicant is one of the adjacent property owners and asserts that Mr: Meyer did not prove a substantial hardship and that the Board of Adjustment's decision was discretionary. APPLICANT: Stacy Standley REPRESENTATIVE: Chad Schmitt Garfield & Hecht LOCATION: 23655 Two Rivers Road, Basalt PROCEDURE/PROCESSc The Applicant has appealed the BOA decision as provided for in Land Use Code Sections 3-300-020 and 4-160. The appeal was submitted to the Community Development Department within 15 working days of the. decision, as required by the Code. BACKGROUND: In the BOA application, Mr. Meyer states that the original section of wildlife proof fence was installed in 1986 after deer and elk damaged the nursery stock within the tree farm. The section of wildlife proof fence adjacent to Mr: Standley's properly was installed in 1997. He rotes that all fencing material and specifications were provided by the Colorado Division of Wildlife in order to comply with the State statute which requires the DOW "to supply useable and appropriate damage prevention materials" to nurseries. Mr. Standley states that prior to 1997, a 4 foot fence was located on the property line on a berm of approximately 3-4 feet in height; the berm and fence were located 20 feet from his house. In the summer of 1997, Mr. Meyer installed an 8 foot fence orrthe berm without the necessary approvals, including a variance from the Board of Adjustment. The fence was subsequently red-tagged by the Zoning Officer. Mr. Standley asserts that the BOA's decision was discretionary "because Mr. Meyer did not show a substantial hardship and the BOA-did not carefully consider other reasonable alternatives to the permanent variance which it issued." The alternatives specified include: • Although Mr. Meyer alleged that the elk only damaged the tree farm during the winter months, the BOA did not consider installation of a hinged fence that couldbe raised during the winter months to keep the elk out and lowered during the rest of the year "to alleviate the oonfined situation which the fence caused." • The BOA did not consider that elk no longer use the subdivision as access to winter forage. .~ The BOA approved a 2 foot height variance, where a maximum of 6 feet is allowed by the Code, for the construction of a game fence on the property line, due to practical difficulties, with the condition that the fence posts be reduced to a maximum of 8 feet in height. STAFF COMMENTS: Staff contacted Randy Cote with the Division of Wildlife and he provided the following response: The Meyer property has historically had elk and deer damage to not only growing crops but also to the nursery area. The Division of Wildlife is liable for the damage to these crops and in Zieu of paying damages which can be substantial, we provide fencing which must meet certain standards, which in this case is a mesh type fence that is 8 feet in height. I don't believe a fold down fence would meet our requirement because of the weakening of the structure and the fact that if a deer or elk does breech the fencing Mr. Meyer loses his claim against the state. I believe that past claims by Meyer before fencing have been near the $5000 ftgure and the potential for even one night's damage conceivably could exceed that figure: It is my guess that if the County denies his fence, to our specifications, they could be held liable for any damages occurring on the property. Given Mr. Cote's comments, it appears that any variation of the height of the fencing as specified by the DOW to protect the nursery is not recommended, and, therefore, that the height variance granted by the Board of Adjustment was justified. However, it does not appear that the Board of Adjustment's finding of a hardship considered the necessity of placement of the 8 foot fence on the property line. It would be consistent with a hardship finding-and sfi11 consistent with the DOW position - to require that the 8 foot fence be placed around the smallest possible area of land, and only the area considered to be the crop (or nursery) area. Parallel to and within the fence on the Meyer property, there is a primitive two-track road and an open irrigation ditch, the edge of which is located approximately 10 feet from the fence. Between the ditch and the planted ttees, there is an area of approximately 15 feet in width, that accommodates vehicles. Staff recognizes the necessity of having vehicular access to the tree crop as well as the ditch, and, therefore, recommends that the fence be relocated to be set back approximately 8 feet from the property line, or the maximum distance possible, given the location of the ditch. Thislocation would keep the irrigation ditch within the fence and Mr. Meyer could use the area between the ditch and the trees to obtain access to both. This relocation of the fence would provide a "buffer" area that would help to minimize the visual impact of the 8 foot fence on the neighbors. The County Attorney's office notes that they do not agree with Mr. Cote's "guess" regarding County liability for damage inflicted by wildlife to private property. RECOMMENDATION: Staff recommends that the BOCC adopt a "motion approving the Standley appeal of a Board of Adjustment decision to grant a height variance to Guido Meyer for a fence, subject to the attached resolution." Attachments A. Standley Appeal letter B. Meyer variance application C. Letter dated Apri121, 1999 from Chad Schmid, representing Mr. Standley D. BOA minutes of February 2 and March 2, 1999 v -ran y co e, _-~ : gui o meyer grope y - , . .. X-Sender: rote@rof.net Date: Mon, 03 May 199907:35:00 -0600 To: suzannew@ci.aspen.co.us . From: randy cote <rote@rbf.net> Subject: RE: guido meyer property - 23655 Two Rivers Rd. >Date: Fri, 30 Apr 1999 23:59:43 -0600 >To: Suzanne@ci.aspen.co:us >From: randy cote <rote@rof.net> >Subject: RE: guido meyer property - 23655 Two }2iJers Rd: > »Date: Fri, 30 Apr 1999 15:39:20 -0600 "" »To: "jonathan@co.pitkin.co.us" <jonathan@ci.aspen~co:us> »From: randy cote <rote@rof.net> »Subject: RE: guido meyer property - 23655 Two Rivers Rd. »Cc: suzzannew@ci.aspen.co.us »In-Reply-To: <09BE930F.8C935190:jonathan@co:pitkin.co.ias> »Suzzanne, The Meyer property has historically had elk and deer damage to not only growing crops but also to the nursery area. The Division of Wildlife is liable for the damage to these crops and in lieu of paying damageswhich can be substantial, we provide fencing which must meet ..certain standards, which ih this case is a mesh type fence thaf is 8 feet` in height. I don't believe a fold down fence would meet our requirement because of the weakening of the structure and the fact that if a deer or elk does breech the fencing Mr. Meyer loses his claim against the state. I belive that past claims by Meyer before fencing havebeen near the $5000 figure and the potential for even one nights damage concievibly could exceed that figure. »It is my guess that if the County denies his fence, to our specifications, they could be held liable for any damages dccuring on the property. »Randy Cote »Colorado Division of Wildlife »At 01:44 PM 4/30/99 -0500, you wrote: »>Randy, »>Suzanne sent this to your CDOWe-mail: Let me know what you think. »>Jonathan »> »>-----Original Message----- »>From: Suzanne Wolff [SMTPSuzanhew@ci.asperi.co.us] »>Sent: Friday, April 30, 199912:20 PM >To: randy.cote@state.co.us »>Cc: jonathan@comdev.ci.aspen.co:us rm a or uzanne o <suzannew~ co.pi~ ~ui.co.iis~>~~~ "~~ ' ~ '< , . 1 »>Subject: guido meyer property - 23655 Two Rivers Rd. »> »>apparently mr. meyer has had problems over the years with deer and'elk »>damaging nursery stock on his property. i guess he started upgrading the »>fence in the late'80s, and most recently ih 1997 upgraded the section'of »>the fence adjacent to the subdivision so there is now an 8` fence on top of »>a 3 foot berm ih that area. Meyer says that the fencing material »>specifications were provided by the DOW as part bf the DOCMs charge to »>supply damage prevention materials to hurserPes. The fence exceeds the »>County's maximum fence height of 6', so he was redtagged and was recently »>granted a variance by the Board of Adjustment to keep the 8' fence. One of »>the neighbors, Stacy Standley, has appealed the BOA's decision and asserts »>that the applicant did not prove a substantial hardship and that the BOA did »>not consider the following: »> »>1) a hinged or 2 piece fence could be installed that could be raised during »>the winter months to keep elk out and lowered during tfie resf of the year; »>2) elk no longer use the subdivision as access to winter forage. »> »?do you have any thoughts on these assertions? is the problem ih this area »>only in the winter? seems like elk wouldn't have used the subdivision in »>the first place, but deer might? can you thihk of any other alterhatives »>that could be considered? »> »>i have to make a recommendation to the BOCC oh the appeal, and my memo is »>due next wed (5/5), so would appreciate some quick input if possible. »>THANKS, suzanne »> »> »> ~`~~^~' RONALD GARFIELDI ~~~~~~~~ ~ ""'-'"~~'°~9 °~° ANDREW V. HECHT' ATTORNEYS AT LAW MICHAEL L HERRON' DAVID L. LENYO E-mail: arty@garfieldbecht.com MATTHEW C. FERGUSON' KRISTI S. FERRARO° ,~, ` CHRISTOPHER J. LACROIXI~e ~ 1~ (K~f~il CHAD J. SCHMIT' ' .I IWw Apri121, 1999 Pitkin County Board of County Commissioners 130 South Galena Street Aspen, Colorado 8.1611 RE: Appeal of Board of Adjustment Decision, Case Number 99-004 Dear Commissioners: ~~~ ~ ~ 1999 r..>v ~-^'i7 h1V ~~ 60'IEAST I-iYMANAVENUE ASPEN, COLORADO 8161] TELEPHONE' (970) 925-1935 TELECOPIER (970) 925-3008 ll0 MIDLAND AVENUE SUITE 201 BASALT, COLORADO 81621 TELEPHONE (970) 927-1936 TELECOPIER '. (970) 927-1783 APR 7 g tggq P,~~.,~ a~__.__ I am writing to follow up on our appeal of the variance granted to Myer Ranch, LLC for an 8 foot fence where a 6 foot fence is allowed. Following our appeal of the variance, we have had discussions with Guido Myer of Myef Ranch, LLC. Unfortunately, Mr. Myer now says he would have been amenable to a settlement along the lines suggested in our appeal but, for some reason, has placed the blame of the "red tagging" on our client, Stacy Standley. Of course, Mr. Standley does not have the power to "red tag" anon-conforming structure. He simply brought the offense to the attention ofthe appropriate authorities, because lie was unable to obtain a satisfactory result with Mr. Myer. It seems that the appeal results ir. a ve^,~ reasGnable and satisfactory compromise of the matters at hand. We again urge theBoard of County Commissioners to alter the vaziance to allow for the seasonal adjustment of the fence height from late April to October. Very truly yours, GARFI~ELD~& HECHT, P.C. Chad J. Schmit M:\jtamburro\MCF\Stanley\stanley.ln 1. also admitted ro 2. also admitted to 3. also admirmd ro 4. also admlttcd to 5. also admitted m 6. also admitted ro New York Bnr Disorict of Columbia Bar Ptorida Bor. Pennsylvaoin Bar Illinois Bnv Covvocriwr eav ®Printed on recycled paper RONALD GARFIELD' ANDREW V. HECHT~ MICHAEL J. HERRON3 DAVID L. LENYO MATTHEW C. FERGIISON' KRISTI S. FERRARO° CHRISTOPHER J. LACROIX'~6 CHAD J. SCHMITs '~i ".. YY ~ll~1~illL ~lldJLd lUl llAlle \Vllll~9 1 a~e ..... 601 EAST HYMAN AVENUE ATTORNEYS AT LAW ASPEN, COLORADO 8161] TELEPHONE E-mail: arty@garfieldhecht.com (970) 925-1936 TELECOPIER (970) 9253008 110 MIDLAND AVENUE SUITE 201 BASALT; COLORADO 81621 TELEPHONE (970)927-1936 TELECOPIER Pitkin County Board of County Commissioners 130 South Galena Street Aspen, Colorado 81612 March 16, 1999 ~9~0) 9z~-less Re: Appeal of Board of Adjustment Decision, Case Number 99-04 To Pitkin County Board of Comssioners: Stacy Standley is the affected party who is requesting this appeal. On March 2, 1999, the Pitkin County Board of Adjustment in case number 99-04 granted Guido Meyer and/or Meyer Ranch, L.L.C. a variance approving a height variance for an eight foot game fence. where only a six foot fence is permitted. Pursuant to § 4-160, et. seq, of the Pitkin County Land Use Code (" the Code"), a parry affected by a development order may appeal the approval of the development application within fifteen working days of the decision. Thus, this appeal is timely and the appellant respectfully requests a hearing pursuant. to § 5-210, et. sec .. Mr. Standley is one of the adjacent land owners to the Meyer Ranch, L.L.C. Prior to the summer of 1997, there was a fence approximately four feet in height which was on Mr. Standley's property line. This fence was set back only twenty feet from Mr. Standley's house and was placed on a berm approximately three to four feet in height. This layout caused the initial fence to have the appearance from Mr. Standley's home of being approximately seven to eight feet in height. In the .summer of 1997, Mr. Meyer caused an illegal eight foot high game I. also admiuad m 2. also admitted to }. also admitted [0 6 al dmittcd l0 5. also admiieod to 6, 1 ad iced ro ~ New Yock Bar D' t bt of'Columbia Bar Ploiide'Bav P sylvavis Bav Illlvois Bne C deut Rav ® Printed on eecycled paper a® i ~, ~~ I ~ ~ G~18fd~ll.0 & 1ll~~1II7, P,QJ. Pitkin County Board of Commissioners Appeal letter Case Number 99-04 Page 2 fence to be installed on the berm on Mr. Standley's property line. Mr. Meyer's alleged that this fence was being installed in response to purported damage from elk foraging during the winter months. Mr. Meyer did not seek approval for a variance fence which sits on the bergm istnowthigher than'the eves of MT Standleyos home Mr. Standley requests a hearing on the Board of Adjustment's discretionary decision because Mr. Meyer did not show a substantial hardship and the Board did not carefully consider other reasonable alternatives to the permanent variance which it issued. Specifically, Mr. Meyer alleged that the elk only damaged the tree farm during the winter months. A reasonable compromise would have been to require a hinged fence to be installed which would have satisfied the adjacent land owners' competing interests. The hinged (or two piece) fence could be raised during the winter months to keep the elk out of the tree farm and lowered during the rest of the year to alleviate the confined situation which the fence caused. Moreover, the elk no longer use the highly developed subdivision as access to winter forage. This failure to consider reasonable. alternatives and the interests of the adjacent landowners, which are severely and negatively impacted by the fence, constitutes errors and omissions by the Board which should be reviewed on appeal. Stacy Standley therefore requests that a hearing be granted on this appeal. Dated March 16, 1999. Respectfully submitted, GARFIELD & HECHT, P.C. a%~ Cha~ A.R.~~#28469 601 East Hyman Avenue Aspen, Colorado 81611 (970) 925-1936 Attorneys for Stacy Standley ~~ R ~I CARPIDEf1D & VlllaG~f'f, P.G. Pitkin County Board of Commissioners Appeal letter Case Number 99-04 Page 3 cc: Guido Meyer Deborah Quinn, Esq. Ms. Cindy Houben Certificate of Service I hereby certify that on March 16, 1999, I served copies of Garfield & Hecht, P.C.'s March I6, 1999, letter re "Appeal of Board of Adjustment Decision, Case Number 99-04" on the following in the following manner: ONE ORIGINAL AND FOUR COPIES ONE COPY VIA UNITED STATES VIA HAND DELIVERY TO; MAIL, POSTAGE PREPAID TO.' Aspen/Pitkin Community Guido Meyer Development Meyer Ranch L.L.C. 130 South Galena Street 23655 Two Rivers Road Aspen, Colorado 81611 Basalt, Colorado 81621 ONE COPY VIA HAND DELIVERY TO` ONE COPY VIA HAND DELIVERY TO.` Ms. Cindy Houben Deborah Quinn, Esq. Aspen/Pitkin Community Pitkin. County Attorney Development 530 East Main Street, Suite I 130 South Galena Street Aspen, Colorado 81611 Aspen, Colorado 81611 wL~ Mike McCollum M:\CSCHMTT\STANDLEY\APPEAL-I.WP1)- ' '~° } f ~ ~ ~ ':j EXHIBIT F Photo 1 Rail Fence is 39" Meyer Poles are 9' ~....,u _ ,z .;~ ~.~ .. .-.M q, , ~.., ~"",~, ~_ EXHIBIT F Photo 2 Burton & Standley residences showing negative impact of illegal fence ~..~mM,., .... r.. ~~ EXHIBIT F Photo 3 View showing how close ~feyer's 9' fence is to adjacent houses (Standley's) because it is built on lof line `..:e .w- ..,ire y0wxx>n5 dxc6 a2br Ta. ':nT nM.LF... b .14.w .v::., =t .. .. ,..:i ~ `. ~ < :~i EXHIBIT F Photo 4 Meyer 9' fence is higher than roof eves of Elk Run PtiI) house set back 20' from lot line ~,. .« ~"'~ - i _a L i EXHIBITF Photo 5 Stacy Standley 6'2" standing on property line 9' fence in background and 39" rail fence in foreground :- >- ~., .. ,-... e. .,, ~.~ „ , ffEr.,~~~,:,..~.;._: ~ .:.. '.. •.. I. .•: I xrF: .. F ~ I. ~'"' GUIDO NIEYER __ '~'~' MEYERRANCHLLC ~' w j ~ ~~ 23655 TWO RIVERS ROAD ~ ;, BASALT, CO 81621 ~ ~, DECEMBER 14,1998 PITICIN COUNTY COIVIMIJNITY'' nE~ELOT'N[ENT ' 130 SOUTH GALENA`STREE`I' _. ASPEN, CO 816I2 " ~; - ~ RE: VARIANCE REQUEST FOR 8' GAME"FENCE _ _ , ~, `. THE ORIGINAL FENCE WAS INSTALLED IN 1986 :3FTER COLORADO TREE ~ - RANCH SUSTAINED EYTENSTVE DAMAGE BY DEER AND ELF T6NURSERY STOCK: WE HAVE ADDL-D FENCING AS T1=IE` vtJRSER`Y I~AS~GRb"~'N TH'E' ~ fi '" ~` ~ " "` LAST SECTION OF FENCING WiIICH BROLTGHTABOUT THE COMPLAINT ` ` ~ ` ~; .WAS INSTALLED IN TIYTE SUMMER OF I X97: IT WAS NECESSARY t'O A`I~b~ ~ ~ ~ ' f THIS SECTION OF FENCE DUE TO THE ELh DAMAGE TO THE TREES IN THAT "'{ AREA DURING THE WINTER OF 1996. ~ ` ' ~ ~ ~ ~ ~ _ ~ ' ~" ~ "~ I:`~,} ~' ALL FENCIING MATERI4"I. AN"D`SPECIFTCATIOIVS~W'ERExPROVIDEb BY THE' COLORADO DIVISION OF WILDLIFE. THE DIVISION' bF'WIL~I;IF~E IS~ ~~"`"` "' ~"" ~~ ~ ~ "~~~ `" ", REQUIRED UNDER STATE STATI7TE 33-3=103' 'TO SLTPPLj''ti~S'EAE~,E ANb' ~ '' {' <„ APPROPRIATE DAMAGE PREVENTION VIATERI~LS"TO'1~"R~E~IES.`"°~`~`~'~ COLORADO TREE RANCH HAS A LARGE Iiv"~%ENTORY OF TREES AND " a_ ..v" . -:- ~ . SHRUBS WITHIN THE GAME FENCE AND CANNOT ~L7RVIVE'WITHOUT ~ "' THE FENCE. i,:r~; I'~„; SINCERELY, Gx'- ',~. ~:i - ~, ':;,p„; ~,~~. `~ _ - I - ~.t': GUIDO MEYER 's;° :; I ~,. H my r.~~~ r 1y" I n .~ ~~~l r5{,> _ v ... . b u „a. 7 s, z~ _ '~_ ~ Ij . ,.. .. ~ ~. f _ 1. .,':: TrR "'. - y d . Ch to.. JYY~p~,e~y ~.( ~ . ' 'r { 1, ~t irLtKT~h1` ~ft, 4 ~~~t yL. r 1~ a * ~ ~* f~F r }I ~ .~.Tt..~'~rt/'~".vta'+'•' y"' x'~'' ` ( 1 ( ~ L 'F( IR A I3 ) .Y ~J s fl`^ ~ '.~ t '_~ Gy ~a t T ~ :... ~ a ~ * (r ..U ,:t' F'}+r~rs ti < ~ ~ R ~. i . .4 -. a ~ .. ,...n ~, Ya ~ jOri ~ * f u '+ M : 1.y .: f, (~, r4.4 1 •. l4 fit, 4 '~'~+'3J C~ '. q Y - a a r g n} ' , . .t a t .5r to ~c{{'~ ~ t~ ~`z>"'~ T r ~~t ~ g i..y a* ~ e i. `T f ~ ~ ~ xLTYtp .- "^ S 9~ .' iy ly 4 ~ i~', '3~ ,-t i '_ r; it v.r9'r~..t~F.ct). V`t~"h~~a } _ t 3 t ~'"Yaz~~R ai w~.t°..',~~ i~r fS-x ~~ n.>{ ~~ r..`{' z.- fY ~ ~ .. tlp;f.. i~~ .r SF .n ~ 4 ° a. d;. v" j, w T 34 .. 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Y~ } { ` ~ ~ ~ . ,fit -~. i~~ .~ `~`~ '@i /~ y7i-K 1'~A tk cl~i y~rf tYtr •h ~ F }i ~'''i'i YZ' ~ a ~_ rA$ c~ti rf _.. .~r I~~~ . ~ '!x/N~~ - ~ i tty^r~' ~ ,~" q6 ~~ 2r ' r~ _._ ~~_ ~ ~'~pf;. ~{~~ i ~rtyy.,,t. ~~`fk 4 ,,;,~sf a~'+~?fir..-'M~zs: n ~~~A ' ~~~c~i ~~`if;±~F'i~#~ i ' ,. <- ,;.- I'i +~ .d ~~.. e.{' 2.: r ~ i tai :~,~. , ..~ t ~~ ~..,`tt , c .. i-. t MINUTES Pitldn County Board of Adjustment .Dated: February 2, 1999 Members Present: Bill Lakes, Chairman, Rod Dyer, Paul Rudnick Members Absent: Elli Brickham, Michael Cooper Staff: Joanna Schaffner, Zoning Officer Tenley Taylor, Secretary Lakes opened the meeting by introducing the Board members present and explaining Board policy requiring a unanimouswote to pass a motion with only 3 members present. Lakes gave applicants the option to table their application to the next meeting in order to have more Board members in attendance. Case # 99-04, Meyer Ranch L:L.C. 23655 Two Rivers Road $asalt Lakes introduced the request fora 2 foot height variance where a maximum of 6 feet is allowed for the contraction of a game fence on the property line. Schaffner stated that the property is a tree farm in Basalt adjacent to the Elk Run Subdivision. The applicant has constructed an 8 foot fence on the property line with the help of the Division of Wilflife to protect the tree farm from wildlife damaging the trees. The Pitkin County Code requires that a fence located within the setback not exceed 6 feet in height. A complaint from a neighbor resulted in a red tagging of the fence. Guido Meyer, the applicant, explained that he entered into an agreement with the Division of Wildlife in 1986 to provide fencing to protect the trees from wildlife damage. The fencing was erected 1997. The applicant assumed he was in compliance because the fencing was supplied by a state agency. The entire nursery is fenced with the same fencing, only the section that connects with the subdivision was red-tagged: Chad Schmidt of Garfield & Hecht, was present representing Stacey Standley, an adjacent neighbor who was out of the oountry. A letter of complaint sent by Mr. Standley had not arrived and Mr. Schmidt asked that when it did, ii`possible,~ifbe admitted into the record. Mr. Standley's objectioti to the variance is that the fence's height is excaerbated by the change in the grade adjacent to the fence. An 8 foot fence requires a 50 foot side yard setback and no setback is required from the property line for a fence less than 6 feet in height. Luken suggested there were negotiable options between neighbors and discussion between board members showed unanimous approval was unlikely at this hearing. „~,.. .~.t,.. o .,-. .. ...... .. .x~ ;~i 4, _~: Myer requested tabling the application to the next meeting on Mazch 2, 1999. _, _- Dyer moved to table:Rudnick`seconded Passed 3-0. Case # 99-01 James Cox/Charles Downe Lor I3 & 14 C stal River Park Subdivision ~ Lukes introduced the request fora 42 inch height vaziance where a maximum of 30 inches is allowed within required setbacks for re-grading and retaining wall improvements associated with the construction of a driveway. Schaffner explained that Lots 13 and 14 are adjacent lots and that Lot 13 has an easement across Lot 14 for its driveway. The driveway for Lot 13, as proposed, cannot comply with the 30 inch rule for re-grading. Because the driveway crosses the lot Brie and the improvements are on both properties, both lots. are included in this application. James Cox, the applicant, was present. A letter dated 1/6/99 from Charles & Doris Downey supporting the application was read into the record. No other members of the public were present. A motion was made by Dyer to approve a 42 inch height variance where 30 inches are allowed as per the plans submitted due to topographic hardship. Seconded by Rudnick.. Passes 3-0. Case #99-03, Leslie Panichi 0406 Snowmass Creek Road, Snowmass Lukes introduced the request for front yard setback variances where 100 feet is required on this 23.19 acre parcel in the AFR-10 zone district for the construction of a retaining wall and employee dwelling unit. Schaffner stated that the property is immediately adjacent to Snowmass Creek Road before the bridge and Lazy O Subdivision. Variances requested are to enable the. applicant to place the EDU in the approved building envelope and construct a retaining wall associated with the driveway. Martin Mauda, architect representing the applicant was present. No members of the public were present. A motion was made by Dyer to approve the request for front yard setback variances where 100 feet is required as per the plans submitted due to topographical and down-zoning hazdship. Seconded by Rudnick. Passed 3-0. . w:d .: m 3y• > .a.a T. .._. ~ . ~ .k. f ~ .. Y.. =..,l~l MINUTES I ty~~vGVe~ 4~~ ~qc~ ' F1 fit; ~v r;_ ~~ x,~ ,~_ :;:.~ , .~.~~ gym, Pitkin County Board of Adjustment Dated:. March 2, 1999 Members Present: Bill Lukes, Chairman, Rod Dyer, Paul Rudnick, Elli Brickham, Michael Cooper -Regular Members Bob Throm -Alternate Staff: Joanna Schaffner; Zoning Officer Tenley Taylor, Secretary Lukes opened the meeting by introducing the Board present and explaining that 5 members will vote, 4 affirmative votes are. required to pass any motion. Case # 99-04, Meyer Ranch; L.L.C. 23655 Two Rivers Road `Basalt (cont from 2/x/99) Lukes introduced the request fora 2-foot height variance where a maximum of 6 feet is allowed for the construction of a game fence on the property line. The application had been continued from the February 2; 1999 meeting pending pursuit of other options and a full board being present for a vote. Brickham and Cooper were not present at the February 2; 1999 meeting but were at the March 3, 1999 meeting. Schaffner stated that the property is a tree farm in Basalt adjacent to the Elk Run Subdivision. The applicant has constructed an 8-foot fence onthe property line with the help of the Division of Wildlife to protect the tree farm from wildlife damaging the trees. The Pitkin County Code requires that a fence on the property line not exceed 6 feet in height. A complaint from a neighbor resulted in ared-tagging of the fence. Guido Meyer, the applicant, explained that he entered into an agreement with the Division of Wildlife in 1986 to provide fencing to protect the trees from wildlife damage. The fencing was erected 1997. The applicant assumed he was m compliance because the fencing was supplied by a state agency. The entire nursery is fenced with~tkie same~~fencmg,'csnly the section that connects with the subdivision was red-tagged. No members of the public were present. ' No options had been pursued with the complaining neighbor. Staff had not received Mr. Standley's letter of objection, and he was not represented at the meeting. A motion was made by Rudnick to approve a 2 foot height variance where a maximum of 6 feet is allowed for the construction of a game fence on the property line, due to practical difficulties, with the condition that the fence posts be reduced to a maximum of 8 feet in height. The motion was seconded by Dyer, and passed 4 -1, with Lukes opposing. Throm did not vote. ~. <. »,.~n .,. ~ ,.,~,~~._ ~~ - ~' "°~ ADJACENT PROPERTY OWNERS WILLIAM & GAIL BURTON ~ i 803 KESTREL CT. .: BASALT CO 81621 I I _. STACYSTANDLEY - BOX 2;58 BASALT CO 31621. LOTS NAFT 805 KESTREL CT. ` BASALT C0 81621 I:, GERALD HAZELBAKER 12801 ARROYO DE VISTA NE . ALBUQUERQU$ N.M. 8X71 GARY & BARBARA HASH 4500 PECAN ORCHARD DR: PARKER TX 75002-5602 _ _ _. _ _ . i; MELINDA CULLEN BOX IG290 ~.f' HOUSTON TX 77022 ~ .PETER & CAROLYN ARNOLD ~ ,, 6 , BOX 1431 _ BASALT C0 81621 . WALTER SASSER- BOX 796 BASALT C0 81621 f.~ 'i`. .; ... , ; r '' ,. ~~ ;~, ft~u Ie~; i !.,.' N:•.J _.. 11 Vv. '. i . .,. I1~`j i ,~. ~- PUBLIC NOTICE RE: STANDLEY APPEAL OF A BOARD OF ADJUSTMENT DECISION (MYER RANCH, LT:C) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, May 12, 1999 at a regular meeting to begin at 3:00 PM before the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St:, Aspen to consider an application submitted by Stacy Stan3ley, requesting an appeal of a Boazd of Adjustment Decision approving a height variance for an eight foot fence where a six foot fence is allowed. The property is located on 23655 Two Rivers Road and is described as Lots 2, 3, 4, 5, 6, 11, Section 17, Township 8 South, Range 86 West of the 6"' PM. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920-5093. Jeanette Jones, Deputy County Clerk Boazd of County Commissioners Published in the Aspen Times on April 10, 1999 _ . _. _..,,.. , ~... ~ ~. , .~~, ~ I ....; Pitkin County Account 002:02 SaturdaySunday, April loll, v....k,. ....,., .. _ . mbcellnneous work and materials. In ._ November 29, 1984 in Book 477 at Page 418 as PVRI.IC NOTICE "'PUBLIC NOTICE CItY °I Aspen regon"t "ISELIN PARK CONCESSION OPERATIONS" g, A pre"bld meeting wIII be set prior to the bid ReoepUOn No. 264306, First Amendment to PROPOSED ASPEN/PITKIN COUNTY X NOTICE IS HEREBY GNEN TO THE GENERAL C Complete Rid Packages are available on or alter opening, and mandatory attendance shall be h Supplemental Dedaratlon recorded December k 478 a[ Page 840 as Reception 1984 in IJo 2fi fiOUSINC OFFICE 1999 GUIDELINES PUBLI : 7999 the Beard of County On March 24 1:00 P.M., March 29, 1999, from the Clty of Aspen, is construe- required for submitting a bid for t o , 2619A8 and Sttond Amendment to Nn CITY OF ASPEN/PITKIN COUNTY, COLORADO l'he As Itkln County 1999 Affordable , C'nmmissfoners of M&In County, Colorado, l Colorado, 130 South Galena Strceq Aspen, Colorado. Any interested parties who would like floe. Blds may no[ be withdrawn for a period of , Supplemental DedaraHOn recorded February Flour s are ready for adoption and.. adopted Resolution 99-56 granling specia review approval to the Cluny Road Rental L.R to examine the site prior to submittal may call turfy-live (45) days after [he time Iixed for dos- i h ~ 14, 1985 in Book 481 at Page 452 as Reception ThiM Amendment recorded June 24 2fi6056 N tin chedule for the hearings are caretaker dwelling unit. The subject property Is Tim Anderson at 9265140 to set an appoinP meet t to wa ve Ing them. The Owner reserves the rig Irre ularities to waive technical defects accorb g , , o. 1985 in Book 988 at Page 635 as Reception No. ,t Or 1st 2ndRdg. & descrihed as an outparcel within the East Owl Creek FUD more specifically described as atract . The city reserves therlght to reJea any or all _. ingty as the best Interest of the District may be 254306, and FourtD Amendment recorded 1994 in Rook 757 at Page 531 as t 4 A 9~ 64 99 of land situated in lu[ 20 and NEI/4 SEI/4 0l Blds or accept what Is, in lls judgment, [he Bid r- Th Cit T ' served, may. reject any and all bids and shall ible h l t ugus , 372A06 tion No Rece 4/21 floosie Ity 4/7 Section 4, Township IO South, RSnRe 85 West of y o s best Interest. e wMch is in the City in the best liiteresls pl [her reserves the right owes respons e award the contract to t bidder as determined by the Owner. . p . County of Pitkin, State of Colorado Plaza I Mtg. Room ASpen 530 E Main the Sfrth Principal Meridian. This approval of a site specific development plan includes averted , _. [tie City, to waive any technirnl detects or irreq- I;Y ORDER OF TILE ASPEN CONSOLIDATED SAN- Published in Th°ASpen Times March 27, Apri13, . , 5:00 P.M. Property right W rsuant to Title 24. Article 68, ulari0es in any and all Bids submitted. The Bid muslbe placed in one envelope ITATION DISTRICT 1999 FIRST PUBLICATION APRIL 10 10, 17, 24, 1994 (37150) a.~+q... ° 7 ROCC 4/28/99 5/12/99 Room Plaza 1 M[S CNS. Jeanette Jones, securely Baled therein and labeled: ISELIN . and ATI NS' , SECOND PUBLICATION APRIL 17,1999 9 NOTICE OF PUBLIC TRUSTEE SALE 99 7 . 530 E. Mala Aspen 24 99 5 Uepuly County Clerk 1999. blished in The Aspen Times on April 10 P , O PARK CONCESSION OPER . addressed to: THIRD PUBLICATION APRIL 24; 1999 Published In The Aspen Times April 10, 17, 24, No. - This Nolire of Public Trustee Sale is given with / / City Council 4/26/99 ' , u City of Aspen 1999' (38194) respect to the following Deed of Trust 130 S. Galena, Aspen y X PUBLIC, NOTICE Ofbce of the City Clerk - , Original Grantor: Frank Deluca 5:00 p.m. NOTICE LS HEREBY GNEN TO THE GENERAL 130 South Galena Street PUBLIC NOTICE ' Original BeneOdary: Washington Mutual Rank,' A copy of the Proposed Guidelines has been filed at the Housing Otlice at 530 East Main' PUBLIC: 1999 the Beard of County On March 10 Aspen, Colorado 8161Y In addition to price, the oiteria set forth In the - NOTICE OF PUBLIC NEARING FA 1998 Date of Deed of Trust: February 13 Lower Level, Aspen, Colorado, and is open for Citizens are invited hr make ublic inspection , Commissioners of Pitkin County, Colorado, arin din h d 99-57' i R l ' Instructlon to Rrdders and any specific <ritena listed in [he bid documents may be considered PLEASE TAKE NOTICE: That the Board of County Commissioners of , Recording Dale of Deed of Trust: February 25; . p written or oral comments with regartl to the pro- g g n e ution es eso adopmd officer determination no. 99~Ofi and granting In judging which Bid fs fri [fie best interests of ed whi h d Pitkin County, Colorado will conduct a public hearing of a Resolution al 2:00 p.m. on [he 28th 1998 Recording Info.: Book N/A, Page N/A, Fiim N/A, posed'Guidelines at the public hearings. ASPEN/PITKIN COUNTY NOOSING OFFICE OF 1041 hazard review and conceptual submission rovai to Skyband Traders; Inc.. The subject n c are er the Cfty. No bids will be consi received after the time mentioned, and any bids day of April 1999, at the Pitkin County t Main 530 E R Reception A13939 Pitkin of Recordin nt C PITKIN COUNTY. COLORADO k P t R Fr pp property is described as a parcel of land shoal- so received after the scheduled closing tone will turned to the bidder unopened b as oom, Commirsioners Mee[Ing Street Aspen, Colorado 81611, at which time g ou y Original Principal Amount $1,225000.00 an ers, y e Chairperson' Townslu SSouth, ed In the N 1/2 of Section 36, p . e re BY: Kathryn Koch. p y ppea and place all memtiersot the vblic ma a r 2!8,352.65 Curren[ Unpaid Principal 31, Published in The ASpen Times April tq 1999. Range 87 West of the Sixth Prlndpai Merldlan. This a royal of a site s edflc devNODment p c g City Clerk PubOShed In The Aspen Tlmea April 3, 10, 17, and De heard: A RESOLUTION OF TFIE BOARD OF COUNTY Property foreclosed Ball ofthepropertyencum- tiered by Deed of Trust PUBLIC NOTICE erty right purauant des a vestedpro plan In i 1999' COMMISSIONERS OF PITI(IN COUNTY, ' UNT 729, IRONWOObS (A CONDOMINIUM), RE: 930 KING STREET AMENDMENT TO FINAL mTitle 24, Article 68; CRS. IONS FOR COLORADO GRANTING THE PETI'T ACCORDING TO THE CONDOMINIUM MAP APPROVAL Jeanette Jones, Deputy yy PUBLIC NOTICE EXCLUSION IN THE EAGLE PINES SUBDNISION THEREOF RECORDED IN PLAT BOOK 26 AT PAGE NOTICE IS HERF.RY GIVEN thatapublic hearing Count Clerk + Y fl 1 ublished in The Aspen Times nn April 10, 1999. RE: LAND USE CODE AMENDMENTS: AD01'FINC TI1E VEST- AMENDMENTS TO SECTION A-140 SUBMITTED BY RGBERT RICHIE, KARL AND MADELEINE CARSON AND EAGLE PINES TRUBT 17, AND AS DEEMED AND DESCRIBED IN THE CONDOMINUM DECLARATION RECORDED IN will he held on Wednesday, April 2A, 1999 at a meeting to begin at 5:00 p.m. before the Aspen y PUBLIC NOTICE , INC OF PROPERTY RIGH75 AND IXPIRATION OR '' N OF DEVELOPMENT .APPROVALS By WYLI-TAM J SPEARS, TRUSTEE FROM TFIE• P1TKMCOIMTY WEST BUTTERMILK GENERAL ROOK fi43 AT PAGE 372. COUM'Y OF PITKIN. FCOIARADO TOCEniER WITHA NON- Ilistmic Preservatlon Commission, Coundl NOTICE IS HEREBY GNEN TO THE GENERAL REVOCATIO STATE O 130 S CalenaSl, Aspen, to City Hall Chambers PUBLIC: ` "' AND SECTION R-1, DEFINITIONS IMPROVEMENT DISTRICT EXDCWSNE EASEMENT FOR THE INGRESS, ^ , , consider an aVDiicalbn snbnutted by NPJ d k On March 10, 1999 the Boats of County lorado of Pitkin Count C si i NOTICEIS HEREBY GIVENthat apublic hearlnq wlli be held on May 12, 1999 at a regular ineeting Short Summary Robert Richle, Karl And Madeleine Uron And ECiRESS AND FOR PROVIDING WATER SEWER AND OTHER UI'ILrFFS, ASSET' FORTH IN FAS& ing mr amen - Partners, LLC, of Aspen, CO, see meet w the fipal HPC approval for 930 King , y, o oners Comm s adopted Itesolu0on 9955 granting approval of to begin at 3:00 PM before the Board o/ County Eagle Pines Trust. by William J Spears, Trustee MENr RECORDED IN BOOK 572 AT PAGE 384. L described as a parcel of land situated in Street the Stonehenge Star Properties extension of Commissioners, Plaza One ConferenceRnom, owners of Lots 1, 2; and 3 in the F.agle Pines f NOF1EXDCLUSIVE MORE PROPERLY SPEL ~ , the Sogth Ball 01 Section 7, Towrebht 10 Smith, vested real property rights. The subject proper- rs Aercribed as a portion of the Bonanza t 530 E. Main St, Aspen to co PSidgr County-InitB uteri code amendments ado tin or amendln or Subdivision, have submit Yd Petitions Exclusion hrthe Pitkin Count West Buttermilk PON~E7(CedUCommon Address: 729 Cemetery lunge R4 West nl the 6th P.M., City of Aspen; formerly known as the State of Colorado y Placer Mining Claim USMS 115840 and a portion ' the following sectlons'olihe Pitkin County Land General. Improvement Dislrich. Pursuant to Lane, Aspen, Colorado , "Robert Davey Improvements situated In the Mining Claim USMS of the Good Wck Placer. Use Cnde: MI40 (Vesting of Properly Rights and Colorado Statute, the Tiling of the peHtlon must h TiE L1FN FORECLOSED MAY NOT BE A FIRST. Hughes Addition to the Tuwnsite and CNy of ti enov l t h " «145'1 and more tpec0ically desoibed az a tract °I land situated in the NW 1/4 of the NE I/4 of Ezpiratlon or Revocation of Development Approvals); and e-1 p)efini[ions).~ e par- be noticed and a hearing scheduled for t pose'of allowing any person apposing the FlFJ4 Washington Muual Bank, FA suc- WI4EREA5 e r a on lec s t . The amendment a Aspen ol the h6toric house. For farther information, k Section 26, Township lO Somh, Range 85 West of n. This approval ofa ihPnncipalP eridi the S The ordinance and draft code amendments are available for ubtic fns ecUOn InifiePitkin F Petitlons for Exclusion to. appear and show eau§e'why the Petitions fo/Exclusion should . terror by corporate merger to Great Western the legal holder of aFederal Savings Bank Bank in contact Amy Guthrie at the Aspen)Pit t 130 S D P ~ sties ecific devero mats Ian indudesavested ? County Attorney's Ofllce, 530 East Matti Street, not be granted II there is no oppoxiUOn at the , , the Note secured by the abovedes<ribed Deetl epartmen , , Community Development CO (970J 9245096 A en SL l property right pursuant to Ttle 24, Article 68. Suite 302, Aspen, C0816ti. For further Intorma- scheduled bearing, the Petitlons for Exclusion of Trust haz tiled written Election and Demand , , , sp Ca era amygOcLaspen.co.us. CRS Jeanette Jones, Cl k Bon, contact Marcella Larsen at 920 5190. Jeanette Jones, shall be granted. ALL PERSONS HAVING OBJECTIONS TO THE (or Sate az provided in said Deed of Trusb notice is hereby given that I will, gHEREFORE s/Suzannah Reid, Chair Aspen Historic Preservation Commission er Deputy County PublisheA in The ASpen Times on Apri110,1999. Deputy County Clerk PEFITIONS FOR EXCLUSION IN THE PITKIN COUNTY WESTBUTTERMILK GENERAL , at 10:00a.m. on May 5, 1999, at the Iron[ stabs Of Published in The Aspen Times ADri110, 1999, PUBLIC NOTICE Board of County Commissloners Published in The ASpen Times on Apri110,1999. IMPROVEMENT DISTRICT SUBMITTED BV thePitkin CountyCwrthouse, Aspen, Colorado, sell at publi<auctiontotheWghestandbestbid- PUBLIC NOTICE GOHNTy L'Ot/RT PITKIN COUNTY, COLORADO ' PUBLIC NOTICE - ROBERT RICHIE, KARL AND MADELEINE CAR- SON AND EAGLE MNE$ TRUST BY WILLIAM J der for cash, the said real Property and ail inter- Uisirict Court, Pitkin County, Colimado V 31 2 99C17, DN _ Carr No URUER FOR PUBLICATION AND CHANGE OF RE: LAND USE CODE AMENDMF.NTf ADOPTING SPEARS, TRUSTEE MAY APPEAR AT THE PUBLIC rO their heirs, iheicsue- est of the said C.ranto s , and their asst for the purpose of aors ce q°5 - CaseNo 98 C 3 SUMMONS NAME AMENDMENTS TOTHE CODE REGARDING COM- MON INTEREST COMMUNITIES (CONDOMINf- HEARING OF THE PITKIN COl1NTY BOARD OF 1999; IN COUNTY COMMISSIONERS ONAPRIL 28 , s r paying the indebtedness proWded In said Note AIAX PROPEIiTIFS, LTD„ a Colorado corpora- IN THE MATTER OF THE PEIiTION. FOR THE CI4ANGE'OF NAME OF; UMS, COOPERATNES AND PLANNED CQMM0. TIMESfiARES , THE BOARD OF COUNTY COMMISSIONERS and Deed of Trust attorneys lee, and the and will deliver to the par- expense of sale [ion. Plain0lf Constance French Marlow, Petitioner ORDER FOR 1'UIaUCAT10N NITIEA)AND NOTICE IS HEREBY GNEN that a pubOChearin~ AIEETINC ROOM, 530 EAST MAIN STREET PLAZA I MEENNG ROOM, ASPGN, COLORMO , chasers a CMifkate of Purchaze, all as provid- ~~. VS D. W BAILEY, tIENRV HASLEY J.C. ROBERTS, the Court having read and considered the d h e iti ' will be held on Ma 12, 1999 a[ a re alai meetin y g Y to begin at 3:00 PM before the Board of Count 61611 BEGINNING AT 200 PM. AND SHOW CAUSE WNY TIE PETITIONS FOR EXCLUSION ~ law DatedMarch 17, 7999 NELLIF. MITCHELL, RICHARD PERRY, W. C. oner t e p t s Petihon for Change of Name an and the Court being sufficiently alLdavn Commirsioners, Plaza One Conference Room, - SHOULD NOT 6E GRANTED Thomas Cari Oken, MITCHELL, WILLIAM G. t1ARii1NGTON, .I. li. , aAmsed 530 E. Main SL, Aspen to consider County-loin Cotes Mthe entire ResotuHOn are availahle ter 1 Public Trustee of Pitkiq Covnty '~ THE DENVER AND COLORADO INVEST- CLUNE, ' FlNDS: That the allegations made in said petition uteri code amendments ado un or amendln P g R Public inspttlion at the Clerk anti Recorder's B Carol L. Foote, De u[ Public Trustee i MENT COMPANY, a Colorado corporatioq anA affidavit satisfy all statutory requirements; the Ioilowing sections of the Pitkin County Land Office, Jeanette Jones, at 530 East Main Street, st Publication: March 27, 1999 F SADIE L. STIFFLER, HELF,N CLUNE, SCOTT HELEN CLUNE WOOLREY, IOSEPH H. SAWYGR ANU THE COURT NIi'rI1ER FlNDS a d Usc Code: &130 (Development Exacllons);1190 ubdivislon Ezem bons 4-20 OverWew of ~ P~ )~ ( Aspen, Colorado 61611, during regular business Lan Pu6lfcatmn: April 24, 1999 pen Publisher: TheAs Times , _. -' SMi'YER; BLUE RIDGL CAPH AL CORP., PATRICIA- e r ~, n ,.Tlut!he!I Si prl chin of npmeis pruPer "not detrimentrl in the interests of a other er-' °Y P ~ Development Revlcw -- ?inters), 4 0 - hones. - -~ pe ~ PubOshed in the Weekend2'dlilon ofThe rCt-` n - ptALSUANI'TO. THE FAIR DEBT COLLECTION CROWDEIi as Persowl n.pronettatlve in the SOO (Admtnlslrative Revlew.Procedures); 460 (Two- Times on April 10 1999. (38195) PRACI7CES ACT YOU ARE ADVISED THATMEIN- .Estate of Marian O Hayes I'URLIC TRUSTEE of Piik4n County; Colorado, TRF-ASDREIi nl Pitkin IT IS 1TIENEFORE ORDEREb. 1 That pursuant to statute, Petllineer shall give Step , Reviews); 4-90 (Public Nutlce q ) ( ) Re alremen[s ; 4-110 Subdivlsbri ; 5-120 , NOTICE OF PUBLIC TRUSTEE SALE HOLD, 5'FAWIARSKI, SHAMRO. & EDDIL7S; LLPIS DEEMED A DEBT COLLECTOR ATTGMI'TING TO - (booty, Colorado, ROARU OF COIIM'Y COM- puhbc notice nl such cM1ange of name by publi- (Condominlum and Cooperallve Conversions); 5190 No. 996 COLLECT A DEBT AND ANY INFORMATION ~ MISSIONERS of Pitkin County, Colorado, the STATE OF COLORADO, and all unknown persons ration of Public NnllCe three (3)times in The Aspen Times, a legal newrpapeq pubbshed in 5160 and 5-170 (Subdivision); (Timesharing); Article 6(Non-Conformities); This Notice of Public Trustee Sale is given with respect to the following Deed of TrusC OBTAINED WILL BE USED FOR THAT PURPOSE Meinhold, SlawiarsW, Shapiro, &Codilis, LLP .who claim any interest to the subject matter of said county. This publication is to be made with- Article 8 p)e0nitlons). Original Grantor Patdda A. Whitney Lynn M. Janewag 15592 this action. Defendants. T in20 days of the date ofttiis Order.Proper Drool The ordinance and draf[rnde amendments are available Ior public irispedbn in the Pitkin original Benefielary: Southern Pacific Funding i C p Hayley4 Beiq 28590 k k: ~ THE PEOPLE OF THE SPATE OF COLORADO, O THE ABOVENAMED DEFENDANTS: of publication shall be tiled with the Clerk of the Court upon Bnal publication: Count Altorne s Office, 530 East Main Street y y or orat on P Date of Deed of Trust June 26, 1997 Attorney FIe 7106.99-0360 Client 80012240792 9200 Ear MNreral Avenue, Suhe 350 You are hereby summoned antl required to a ear and defend a ainaC the claims of the pp H 2. That a on roof of blication bean 01eA D p ~ g with [he Cicrk of the Court, the name'of Suite 302, Aspen, CO Si611. For farther inlorma-, hoe, contaM Marcella larsen a[ 9265790.' ' RecoMing Date of Deed of Trust June 27, 7997 RecoMing into.: Book n/a, Page Ma, Fim n/a, y~glewood: Colorado 80112 ~Q3).~9U083 Coin lain[ filed with the Courtin this action, b p Y Constance French Marlow will be changed to leanetce Jones; Deputy County Clerk Reception 405771 k Published in TheAs Times March 27,A r:13,. Pe^ p Iilfng with the Clerk of [his Court an answer or other res onse. You are aired to IOe our P r°Q Y Constance French Baxter Marlow. DATED: 4/1/99 Ooard of County Commissioner in County of Recording: Pit Ori Ina! Pried al Amount: $280,000.00 g P 10, 17, 24, 1999. (37152) , answer or other response within 30 days after Fltzhugh.SCOR Iii Published In The Aspen Times on April I0, 1999 Current Unpaid Principal: $278,618.30 PUBLIC NOTICE the service of this Sammons upon you Service County Judge ~ ~/ PUBLIC NOTICE PMpertyforedosed is all of the property cocain- t REQl1EST FDR PROPOSALS of thLt Summons shall be complete on the day of the last publlcatlon. A copy ul the Complaint Date M1-99. Glenlta Melnick, Clerk PRE: LAND USE CODE AMENDMENTS: ADOPTING AMENDMLNTS TO THE ZONE DLSTRICTS TO bared by Deed of Trus : SEE ATTACHED EXHIBIT "A". REQUEST FOR PRDPPSAIS TO PROVIDE CON• may be obtained from the Clerk of the Court Published in The Aspen Times April IQ 77, 24, CLARIFY THE PROCEDURE AND ABILITY TO Purported Common Address: 1030 Vlne Street, STRUCTION SFJMCES FOR THE 1999 COUNTY 11 you tail m file your answer or ocher response 1999. (3Ri93) EXCEED Y5000 SQUARE'FEEI' THROUGH TFIE Aspen Coioratlo ` DUSr CONTROL PROJECTS. to the Complaint in wri[rog within 30 -0ays alter PUBLIC NOTICE USE OFTRANSFERABLE DEVELOPMFNTRICHTS TTBi WFN FO1tHCT.OSED MAY NOT BE A FIRST Ritk7n County will accept proposals from inter- [tie date of the last pabli<atlon, judgment by Aefavlt may be rendered against you by the Cm' OF ASPEN REQUEST FOR PROPOSALS ("TDRS'~ NOTICE IS HEREBY GIVEN thatapublic hearing LIEN. WHEREAS, Norwest Bank Minnesota, N.A., as d ' ested parties to provide Conslructlon Smvltes for Ne Pitkin County 1999Dust ControiProjects. Court for the relief demanded in the ComplM°t h f COZY POINT RANCH OPERATIONSAND will be held on May 12, 1999 at a regular meetng under that certain Poobng an Trustee Servicing Agreement dated az of September 1 More detailed information may be obtained by without urt er notice. This Is an Action io Quiet Title to the following MANAGEMENT LEASE The City of Aspen is accepting Proposals fora [o begin at 3:00 PM before the Board of County Commissioners, Plaza One Conference Boom, , 1997, for Southern Pacific Secured-Assets Corp., h concocting: Pitkin County Asset Division, 76 Bert Paarce real property located in Pitkin County, Colorado: LODE MINING CLAIM lI.S.M.S. No. 4107, sit- B H ten (10) year leaze al the Cory Point Ranch. The bli f 530 E. Main SL, Aspen to eonsrder County-IMti- `ated code amendments adopting or amending Mortgage Loan Asset-Backed Pass-Throug Cerlilicates, Series 1997-3., the legal holder oI , Service Centeq Aspen, CO 81611; (970) 9205397. . . , oared in the Independence Mining Districh as c lease agreement includes: nperaUOn o a pu exercising and training equestrian boarding the following sections of the Pitkin County Land the Note secured by the abovedescribed Deed Proposals must be received al the abo+}:e set forth in the United States Patent recorded fit P 639 , facility Ior bosh English and Western disciplines; Use Code: 3-00 potent of Zone Districts, Allowed of Trust has tiled written Electidp and Demand far Sale as provided in Bald Deed of Trash address no later than 2:00 p.m., MDT; on P 7999 to be considered 20 March 21, 79901n Book 6 at age . . Dated: MARCH 4, 1999. management of the ranch property including proper agricultural practices for vazture man- Uses, Special Review Uses and Dimenslonai Standards). THEREFORE; notice is hereby given that I will, , . , Published in The Aspen Times April 10, 1999. Published in the Aspen Times agement antl weed control; and performance of The ordinance end dealt code amendments are at 70:00 a.m. on May 5,1999, at the Iron[ steps of Colorado the Pitkin County Courthouse Aspen Firs[ Publl<atlon: March i3, 1999 last i'ubilcationi Ap8110, 1999 capital Improvements as spedlled In [he capital improvement and ladlitks managemenC plans. available for public lnsDecOOn in the Pitkin CountyAdorney's Olllce, 530 East Maln $treeb , , . sell at public auc0on to the highest and best bid- Y, PUBLIC NOTICE WRIGHT & ADGER, LLP Ry: s/Gary A. WrlghL 870028 Complete proposal packages may be pkked up after Friday, April 9, 7999 at Ue City of Aspen Suite 302, Aspen, CO BI611. For further Intorma- [ton, contact Marcella Laren at 92¢5190. der for cash, the Bald real property and all Inter- est of the said Grantor(s), their heirs, their suo- RE: STANDLEY APPEAL OF A BOARD OF ADJUSTMENT DFALSION p9YER RANCH, LLC) ' Attorneys for the Plainufl Parks Department, 585 Cemetery La, Aspen, CO Jeanette Jones. terrors, and ihelr assigns, for the purpose of NOTICE IS HEREBY GNEN thatapublic hearing 201 North Mili Street, Suite IOfi Allil i or tail (770) 920.5120. Deputy County Clerk DaYing the indebtedness provided in said Note ' will be held on Wednesday, May 12, 1999 at a reg- Aspen, Colorado 81671 Sealed'ro orals stioulA be latiekd "Cory Point P P P"' Boats of County Commissloners and Deed. 0/ Trust attorney s lee, and the and will deliver to the par- expense of sale alai meetin to g begin at 3:00 PM before the 970.92S562S and mailed to: City of Aspen Parks RE Published in The ASpen Times on Apr1110,1999 , all as provid chasers a Certl(ICale of Purchase Board of County Commissioners, Plaza One Published in The As en Times March 13, 20, 27, p De ailment 130 5. Galena St., Aspen, CO 81611. P ~ PUBLIC NOTICE , - ed by law Conference Room, 530 E. Main St., Aspen to con- A dl 3, 10, 1999. 36449 V C ) Pro msals will be acce fed until Tlmrsda , Ma 1 P Y Y . Sider an applicaHOn submitted by Stacy 20 1999, 2:0(1 P.M.. M.D.T. A mandatory pre-Deb dprll 19 1999 osal meeting wilt be held Monday NOTICE TO BIDDERS Sealed bads In single endorsed, "Aspen Standley, requesting an appeal of a Board of h PUBLIC NOTICE X NOTICE I5. HEREBY GIVEN TO THE GENERAL , , p at l Oil p.M. at the Cozy Point Ranch. All pro- ' ' Consolidated Sanltallgn D{strlcl 1999 Sewer Rehabilitation' will be received at theollice of [ varM Adjustment Decision aDProWnAa helg ante for en eight foot fence where a six loot .PUBLIC: t expected to attend unless prior posers are roval is Eranted ap the Aspen Consolidated SanltdBOn District, 565 fence is allowed. The Droperty is located on On March 24,1999 the RoaM of Coun y Commissioners bl Pitkin County, Colorado, . V Minimum re ulrements for [he Re oast for q q (k N. MITI SL, Aspen, CO 81611, until 10:00 AM, at which"tlme and Tdesda A pill 27th 1999 Y 23655 Two River Rnad and Is described as lots 2, 3, 4, 5, 6, I7, Section 17, Townshl 8 South, ' P adopted Resoluton 9951 granting approval for n f d l m ey person- ProVOSals (RFP)indude: resumes o neLmanaging the fadtity; a Management Plan as , , . place; bids will be pubildy opened and read Range 86 West of the 6 ih PM. The appifca- veste rea property g s the reinstatement o and aminor amendment to a development per- detailed in the REP; a 5 year Business Plan; and aloud In the proence of bidders or their duly h r e ' tlon/resNUnon are avaftable for public inspect Lion in the Community Development mit to Terry Burgess. The subject properly Is " ability niproposers to obtain necessary liability Insurance coveraSe o ized repres ntativ& aut Spedlicattons and'IOrms for' preparing bids Department; City Hnil, 130 5. Galena St; Aspen described as a tract of land in the NEI/4NWI/4 0l Township 10 South Range AR West of Section 9 . The selector of a i.essee will he Dash upon may be obtained at the office of LeonaN Rice CO 8161 L For lurthcr IDiormatloq tonta<t , , the SIx1b Prlnclpai Meridian. This approval ofa l l l d d the criteria d0tlinM in the R¢quesl for The Clty of Aspen (herelna(ler the i'roposala ConsWting Water Engineers, Inc. 2401 15th S[. Denver Co A0202 after April Bth, 1999. Suzanne Wolff at (970) 920.5093: Jeanette Jones, es a wale slle sped lc develoVmenl p an Inc u property right pursuant [o THIe 24, Artldd 6A, . City) reserves the'tlght [o select the top two or . _ Only contractors fu10111ng the lolowing quallN- Deputy County Clerk CRS. Ihnr Pmpnsals anA to interview those short calions'shali be allowed to request proposals cllon: 1) b it bid f r thi c rh d W Board of County CommissM M1 Jeanette Jones, listed parties before making the selection of the m o s on o an su s Published in the Aspen Times on April 10, i. a Deputy County Clerk fop-ranked Proposer and commencement of Franchised to Install the patentedlnsitufurm ~ Published in The Aspen Times nn AprfP IU 1999. contract negotiations with that Proposer. hrtervtews of proposes are anticipated Ior the and Strong Seal System or subs[anlially similar .cured in placed systems. 2) Have Installed sac- J PUBLIC NOTICE A weekrol May 25 antl/or the first week of June: cesrfully over 500,000 Ilnear fee[ of Insitu/orm nnrnuu -w - RE: WILMERUIN G CARETAKER DWELLING UNIT PUBLIC NOTICE The Ciiy also reserves the right to reject any and 'rehabilitation or suDStanlially similar systems. ' Condominlum Uiiit 1030, Building J000, HUNTER NOTICE IS HEREBY GIVEN thatapublic hearing NOTICE IS HEREBY GIVEN TO THE GENERAL all proposals and to readvertise if necessary. 3)Able to bond lhe [otal project and have fnsor- CREEK CONDOMIMUMS, PHASE Ili according to will be held nn Wednesday May 12,1999atareg- PUBLIC: The City also reserves the right to develop sec- antt in excess of $3,OW,000. [tie Condominlum Map Giereol, recorded alai mceting to begin at 3:00 PM before the On March 10, 1999 the Rnard of County ondary selection criteria and request additional All bids must be accompanied by a cerhfled February i6, 1984 in Plat Book I$ at Paqe 8768 .Board of Covnty Commissloners, Plaza One Commissloners o1Pitkin County Colorado, in(nnnatfon from the shorNist of propgser: cheek payable to the Aspen Consolidated and Supplemental Map thereof recorded Conference RlMm, 530 E.Main SL, Aspen to tom adopted Resolution 99-54 approving a tuhtlrvi ' The CRy reserves the right to aempt or reject rnpnsa6 for any reason whatsoev- an and all Sanitation District In an amount of at least ten percent (10%) of the Bid, drawn on a bank which December 21, 79&11n Plat Bnok ifi at Fage 79-RO as Reception No. 264920 anA First AmenAmepl rider an application submitted by Mnrllyn l Sinn ezempOon for a major pint amendment (o t I F th M I t S bA cl Th l L y p rr and to restructure proposals if rmiWally Is a member of the Federal Reserve System or n ' tfiereM rernrded Febrpary 15, 1985 in flat Bnok Wi merding requesting approval to construct a detachM Caretaker Dwelling Unit The Property n arry ow mpar u m ue. e e e ag'evable Bidder s BonJ in Ilke amount. The check nr tfi at I'a a 9092 as Iicce rtinn Nn. 2fifi(19A, and:rs g I . sub eel nn eel is referrrA in as Lot 1, Murr I I p Y y puhlishrd in The Aspen Times April 10, 17, 1999. bond will be retained by the Dlstrlct as Iiquidat- defined and described by Ore Condominium Is Iocatr.A M lUM14 ItcYl Mountain Rnad and i5 Low Impart .SUbdivison, more specifically _ ed damages if the suecesslul bidder rebores or Declaration for Hunter Crerk QmAominioms described as Inl 1, Hodges Subdivision. The described as In.ls I and 2, being part °I Tncls fi!) PlIOLIC NOTICE falls loenter Into a Contract anA Performance Phase ill recordedNovember 23, 19A3 in iiw>k application/resoluton are availabic Ior public and A4 and being IocateA in Sections 25 anA 36. 19991SELIN PARK anA Maintenance Bond In accordance with his '45fi at Page 218 as Reception No. 255206, as inspection fn the Community Development' Township 8 South, Range 86 West of the Sixth CONCESSIONS OPERATONS bid when notified of the Award amended by First Amendmenp recorded Department, City Hail, 130 S. Galena St, Aspen Prlnd ht Merldlan. This a iroval of a site s ft. , ~ REQUEST FOR FROPOSAIS The extent o(ihe work Is approximately as lot- February 16, 1984 in Book 461 2t Page 23 ar ' CO RI611. Fur lurthcr inlOrmatlon, contact rifle Aevelopment plan includes a vested prop Sealed bids will be recelveA by the Clty of h lows: q Rehabilitate and Ilne with a cured in " Reception No, 257347, and Second Amendment ' Suzanne Wolff at (970) 92Q5093, arty right pursuant to Ltle 24. Article fiA C,2S. Aspen, Colorado, at t e Office of the City Clerk, place liner R VCPi 2190 I5. 2) Seal manholes recoMetl February 22, 1984 (nBwk 461 al Page Jeanette Jones . Jeanette Jones 130 Sotitti Galena StreegAtpen, Colorado; until da A P wRh a Strong Seal system br seal with a sub- 472 as Reception No. 257479, and Third , Deputy County Clerk ' , ;,0p y, pril 23, 1999, atwmch Time M.. Fri stan[ia0y s(milar process: S 10 vertical feet, i Amendment recorded June 24, 1985 in B°ok 488 Deputy County Clerk the. b d. will he pnMidy opened and read aloud Sea. 3) Install cured in place poet repairs. 3 ea at Page fi36 as Reception No. 269792, and as se( Board of County Commissioners Puhlished in The Aspen Tines on April 70, 1999. l Ih Coy Cowud Chambers, br the IollowinS A) Reinstate service taps, l2 ea.5) Bypass pump- lortti in First Supplement thereto recorded Publishexf in The Aspen Times nn. April I0, 1999. F, ASPEN/PITKIN Cl 1VIUNITYDEVELbPMENT'DEPA _NT 130 S. Galena Street Aspen, Colorado 8161.1 (970) 920-5090 FAX # (970) 920-5439 Apri15, 1999 Chad Schmidt Garfield & Hecht 601 E. Hyman Avenue Aspen, CO , 81611 Re: Stacy Standley Appeal of a BOA Decision Case #P38-99 Dear Chad, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will. request the information from you directly. We have scheduled this application for review at a public hearing bythe Board of County Commissioners, Plaza One Conference Room, 330 E. Main St:, Aspen; on Wednesday, May 12, 1999 at a meeting to begin at 3:00 P.M. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changesto the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifteen days prior to the hearing (and remove it within one week after) and to mail notice to all adjacent property owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses. shall be those on the current tax records of Pitkin County as they appeared no more than b0 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting as proof of compliance with the Code at the hearing. If you have any questions, please call Suzarme Wolff ,the planner assigned to your case, at 920-5093 Sincerely, Tenley Taylor Administrative Assistant Debbie Quinn, 04:22 PM 3/16/99 ,Stacy Standley appeal of BOA d X-Sender: debbieq@commons Date: Tue, 16 Mar 1999 16:22:01 -0700 To: cindyh@co.pitkin.co.us, lancec@co.pitkin.co.us From: Debbie Quinn <debbieq@ci.aspen.co.us> Subject: Stacy Standley appeal of BOA decision on Meyer fence Cc: joannas@co.pitkin.co.us, johne@co.pitkin.co.us, marcella@co.pitkin.co.us I received a letter addressed to BOCC from Garfield and Hecht today(timely) appealing the BOA decision of 3/2 granting a variance. to Guido on his fence. Cindy,. you also should have received a hand delivery today and your staff should review it and schedule the appeal hearing per 4-160-020. I recall that we interpret this provision as requiring that the scheduliing of the hearing occur within 15 days(of today), but that the hearing itself need .not be held within that 15 days. I don't care, as long as we are consistent. We have requested a stay in district court pending the outcome of this appeal, but I'd like to stay in the loop in terms of presentation of the appeal to the BOCC- Debbie Printed for Joanna Schaffner <joannas@co.pitkin.co.us> 1 lisa macdonald, 02:11 PM 1/27/99 , meyer info please` X-Sender:.lisam@commons.co.pitkin.co:us" Date: Wed, 27 Jan 1999 14111:09 -0700 To: joannas@co.pitkin.co.us From: lisa macdohald <lisam@ci.aspen.co.us> Subject: meyer info please Joanna, I need a copy of the the variance meyer filed and also the date he is scheduled for hearing. We are filing a motion in court on friday and need this ASAP. Also, along with the motion. is an affidavit you need to sign. So what's your schedule like the rest of the week? Lisa L Printed-for Joanna Scha££ner <joannas@co pitkin co us> 1 ,~,,..u~ ...r,~,m..~ ,;.~++~k~~rA43~a , . ..Rms+y;n~~~"ak}kfl~~~Z~~3~^~ a3~~ k~~,~ ~'~~u~cr FµF.`~`fz~ .k.,,," i z ... - . _:. , ~, p .;'. .., 7r.._.. ..°.. Pitkin County ~- 14 December, 1998 Mr. Guido Meyer ... x' 23655 Two Rivers Road Basalt, Colorado 81621 Re: Board of Couuty Commissioners v. Meyer Family Limited Partnership, District Court Case No. 98 CV 188-1 Deaz Mr. Meyer: Pursuant to the Case Management Order dated December 4, 1998,. the County is required to disclose experts and reports required by Colorado Rules of Civil Procedure, Rule 26(a)(2). Of the witnesses I listed, Joanna Schaffner. will, be the one who. will provide expert testimony concerning the opinion that your fence violates the Pitkin County Land Use Code. Pursuant to the requirements of Rule 26(a)(2)(B)(II), asummary setting forth her qualifications and a complete statement describing the substance of her opinions and the bases. and reasons therefor is enclosed. In accordance with the Case Management Order, you have to submit a disclosure on or before January 3, 1999, and submit rebuttal experts and reports on or before January 4, 1999, then your own experts and reports on or before January 14, 1999. Please let me know as soon you have filed a complete Board of Adjustment application. SincLerely, 1 Deborah Quinn Assistant County Attorney Encl: Summary of Opinion of Joanna Schaffner c & g:/hame/Ic/d/letters/experdis.doc Administration County Commissioners County A[torney Finance and Use Tax 530 E. Main, Suite 301 Suite 301 Suite 302 530 E. Main, Suite 201 Aspen, CO 81611 530 E. Main Street 530 E. Main Street Aspen, CO 81611 (970) 920-SZ00 Aspen, CO 81 611 Aspen, CO 8ifi11 (970) 920-5220 PRwrEOOR FAX 920-5798 RECVCLEO PAPER (970) 920-51 50 (970) 920-5190 FAX 920-5230 Qualifications of Witness: TITLE: My current title is Pitkin County Zoning Officer. I have been in the position of Zoning Officer for nine (9) years. DUTIES: My duties regularly include enforcing violations of the Land Use Code. TRAINING: All of my training has been on-the job training. BACKGROUND: I have ten (10) yeazs experience in the Zoning Office and approximately nine (9) yeazs as a Zoning Officer. COLLEGE DEGREES: I have a BA in Business from Montclair State College in New Jersey. SUMMARY OF OPINION I have personally inspected a fence on the Colorado Tree Ranch which is on the border of property owned by Stacy Stanley. The fence exceeds six feet in height and is located on the property line. It is my opinion that this fence violates the Pitkin County Land Use Code. First, it is a structure within the definition on page (8) 27 of the Land Use Code, copy attached. This property is zoned AFR-10, and the setbacks for this property are as set forth in Figure 3-1, copy attached. No building permit was obtained, nor any variance obtained from the Boazd of Adjustment for a structure within the setback. Construction of this fence violates the Pitkin County Land Use Code, § 4-10-020, copy attached. Attachments: Land Use Code, p. (8) 27 re: Structure Definition Land Use Code,'Figure 3-I Land Use Code, § 4-10-020 c&g/home/1ddAetters/joansopi.dod .1 a 8-1 SOIL means. the relatively loose, inboherentearth material of whatever origin that overlies bedrock. SPECIAL EVENTS are temporary, short-term, non-commercial uses. of Jands or structures, not otherwise included as a permitted or accessory use by these zoning regulations. Special events includes uses such as public events intended for amusement or entertainment (concerts, festivals); fund-raising ornon-commercial events for nonprofit religious, educatiohal, or community service organizations; foot races, bike races and such. STREAM see CREEK. STREET means a public way other than an alley, which affords the principal means of access to abutting property, including private streets. STREET, ARTERIAL means a street which has the primary function of carrying through traffic, but which also provides access to abutting property. STREET, COLLECTOR means a street which has the primary function of providing for the distribution of traffic within neighborhoods, and which tames through traffic and provides access to abutting property. STREET, LOCAL means a street which has the primary function of providing access to abutting property, and which does not nprmally carry through traffic. STRUCTURE means. anything constructed, installed, or portable, which requires location on the ground. It includes yurts and tepees and movable buildings which can be used for housing, business, commercial, agricultural, br office purposes, either temporarily or permanently. "Structure" also includes roads, walkways, paths, fences, swimming pools, tennis courts, signs, sheds, and other accessory construction. "Structures" do not include fences or walls used as fences less than six feet (6') in height; poles, lines, cables, or other transmission or distribution facilities of public utilities; bus shelters less than 200 square feet in size.. SUBDIVIDER or DEVELOPER means the person including the owner, or agent for the owner, dividing or proposing to divide land so as to constitute a subdivision to be shown on a recorded plat. SUBDIVISION or SUBDIVIDED LAND means:. a. A tract or parcel of land which is divided into two (2) or more lots, tracts, sites, parcels, separate interests, interests in common, or other division, unless exempted pursuant to subsection (c) herein. Interest means any and all interest in the surface of land (including leasehold interest) but excluding any and all subsurface interests. Included (not by way of .limitation) within the definition of "subdivision" or "subdivided land' are: 1) A parcel of land to be used for the construction (for lease or sale) of condominiums (commercial or residential), cooperatives, apartments, time sharing units, or multi-family units, whether or not consVucted on a previously subdivided lot or parcel (unless such land, when previously subdivided, was accompanied by a filing of an application for improvements [with substantially the same density] which `complied with all provisions of the state subdivision law and County subdivision regulations and was approved thereunder). 2) A parcel of land to be used for the construction of a hotel, lodge, motel or dormitory. {8) 27 7-50.50 FIGURE 3-1 AREA AND BULK REQUIREMENTS -ALL DISTRICi3 ll ~ IM LImJesidee tam diVld lwf me same dmeniwnal myunmeemi as ll~o AlR to eons dslncl 50 - Stlrxt Oveiley tone dsmd eoa3 nor pave any dmenfiMil m~ptl~emm~ls SR $pstiY ROwew RR ~Ieinemlonel ReWl'emenls DaimlrJiir Nis tone dsmd are - RS R-15 R~ISA R~]0 AH AFR3 AIN-108520 RS~]U IIS 180 VC VR AFR 1 AR~1 ARQ 7 PUB SR B-1 B] YUU H1D 1'UO M~mmum LY Arsa 8.000 15.000 15000 30000 0000; 2x t0 ac 20 ac JO SC 160 ac 0000 8000 tac 1x KMIQx 15.000 SR 13000 MF-15.000 rdal -I65nn Mf~15.000 O7NIf.000 r 000 c 20 ec 70 ac I60 ac 8 10 500 MFNL~5 lx KMLIS00 MMLQ.200 MFMJ.400 OR IS.000 MFM-5.500 MFMJ.000 Mininwm Ld Area px 6.000 15,000 15.000 30.000 SFDO.000 lac . e . DRMJ 500 MFAR3 500 MFA)BL-7 MFAJOL1200 MFII~7 T00 OUP1000 MF/1J 2011 . . PnntlPY Uaa 500 MFST-2 O1R-ix MF/bJ.2000 IWL-1.750 MFI573.500 MFST-2.500 Ispuere leall Mf15t-1000 . KML2 300 MFAII-5500 MFST-1.500 ORM3,000 FWLISRh2.200 MF/1-1:250 . 200 MFI1~J OTM~ix 0TN~IS.000 MFF22,000 , MFl3J.000 MFST-2.500 Innwn F Open Spas Per Dwatlin0 Urtll Uquars 500 1 200a 25% 1 1,200 7.2110 1,200 OR ].000 000 i. lest) 1,500 3.000 J.000 8.800 1,200 . , inimum tool Y p JO 50 73 75 JO JO JO JO JO SeroMA (IsYI <]x. •JOIeN >]ac0 <tOx =50 Mal Uss to RS-180xme >10x ef00 hY morn ... ... p p p 10 /0 10 f0 10 Setlrrk ltaM) <7,500 =Sbel a ]0,000 0 <q,550 = 151ee1 Wa to R5480 xar >1]5806 <Jx •201ee1 >3ac0 <px •30IeY ~ :20 x • SOlsel ` ' aY - p p p p 10 10 20 10 SamatlyMall <]0,0U0 =10 teal - >J0,000 <10x =]0lesl Walo VR zone > 10 x • 50 feel Idmum lol 200 400 400 400 400 50 SO 200 f1M 2 100 70 SR 73 73 50 (Nell BO 75 75 100 p M M Mex. MeiON PAMpY cr..ti.. x..n aB 2B 18 2B 28 28 2B 28 2B 28 2B 20 2B 28 2B 20 28 20 AccaMOry SNrcere peep 20 20 20 30 20 20 20 20 20 20 24 28 tI 20 p 20 p 20 20 p Men Floor MaRatlo 0] 0.10 0.17 0.5 "' err OI M OM ~° ~~~ 0.70 0.70 OS] 00 0.15 O5J 070 SfD~Seya FamMY UvaItlnO MFO=Multl~Finalry]Sadoom AF-SRI-dmenebrW RagranmYAa pMrYtlW Ntla4 Garr 8ablgnauaptlaM00y Spatlal RavNr. WP=Dupbx OTIkOtllx MMP=MoeYe ROIM PanI. SMMaMS arOOalYNSNSaNan Mf9T<MlNfamtly SpttlO MfA)L=MMOFam/Iy UNIMIaO RR=ROrY Ramole SlarwtlNe era OelYNBNSxtlpn iJ0./13. MfII=MMtl-FOmB71SMOan MML=MWeNAONIA-o MFpBL=MJtl6urlYy Ons SS0roan UlYimteo AH21PI1D SIMMYAa wtl UelYkONSxtlm ]J071. MFQ=MJtl-F0mBy28atrown DRM=Dalrtlwy1541pNaonq AIILPU051YdM5a Ne OalaBaON Sectlon ]J072 ' ^Sa Sadbn N04gER10) ODRM Hauslnp 841 paraar - 2,000: DRM HolRylO P12 pxaone -2.500 "'SN Sxtlon(q: ]-7D.OO AFR-21orMWmmFN0rMaRalb M15.O0D MIinYMtlonrlhrA SpdY Ravlaw N0270VR /pr 6larMrda A w_ _a~~. s ¢I ~~~2~ Article 4 PROCEDURES. Sections: 410 GENERAL 420 OVERVIEW OF DEVELOPMENT REVIEW PROCESS PC 42) 430 BUILDING PERMIT REVIEW (PC 4-3) 410 ADMINISTRATIVE REVIEW PROCEDURES (PC 4-4) 450 ONE-STEP REVIEWS (PC 45) 4.60 TWO-STEP REVIEWS (PC 4-6) 470 THREE-STEP REVIEWS (PC 47) 4-80 FIVE-STEP REVIEWS (PC 4.8) 490 PUBLIC NOTICE REQUIREMENTS (PC 49) 4100 CONDUCT OF PUBLIC HEARINGS (PC 4-10) 4110 ACTIONS BY DECISION-MAKIIJG BODIES (PC 411) 4120 IMPROVEMENTS AGREEMENTS AND PERFORMANCE GUARANTEES (PC 412) 4130 AMENDMENTS TO DEVELOPMENT APPLICATIONS (PC 413) 4140 VESTING OF PROPERTY RIGHTS AND EXPIRATION OR REVOCATION OF DEVLOPMENT APPROVALS 4150 TAKINGS DETERMINATION (PC 415) 4160 APPEAL OF DEVELOPMENT ORDER (PC 416) Section 410 GENERAL Subsections: 4-10-001 Geaerai 410-010 .Development Permits 410.020 Building Permits 410-030 Combined Development Applications 410-001 General This article establishes the procedures for submission and review of Building permit and', Development permit applications. (Prior code § 4-1) 410.010 Development Permits No person may engage in any development within the unincorporated areabf Pitkin County until obtaining a development pertnk; unless the proposed development qualfies for an exemption. All development shall be in compliance with the effective development pertnif duly issued in compliance with the Code. (Prior code § 4101) 410.020 Building Permits No person shall erect, construct, reconstruct, exgvate for a foundation, after or change the use of any building or other structure orimprovements o)ignd without obtaining a building permit from the Building Department. (Prior code § 4102) ~4 ,l o) 1 SUMMARY OF OPINION I have personally inspected a fence on the Colorado Tree Ranc clri: by Stacy Stanley. The fence exceeds six feet in height and is locate n the props fence violates the Pitkin County Land Use Code. First,it is a struc m e Land Use Code, copy attached. This property is zoned AFR-10, and the setbacks Figure 3-1, copyattached.' No building permit was obtained, nor any variance ob Adjustment for a structure within the setback. Construction of this fence violates § 4-10-020, copy attached. Attachments: c&g/home/Ic/d/letters/joansopi.doc r s~ M1 rder of property owned line. t is my opinion~ihat this mrtion on page (8) 27 of the ~~ this property are as set forth in ied from the Board of Pitk'n County Land Use Code, ~' ' k n %o rr - yixy-o CJ>* 5>* 5'OPQRnoEEIJU PQ~\ki$"a~ c r yGuuu==+-88S~oBb8r5duuii6++- $$' O P Q R n o E E L7 IJ ~ Q[\ h ~:~ " ce ¢ - ya _ ;~ 0 @°EM... $'/n ppd SUMMARY OF OPRQION OF JOANN'}~ SCHAFFNER "" - , 1 IN DISTRICT COURT CASE NO: 98 CV 188-1 '' Qualifications of Witness JOANNA: CAN YOU FILL IN THEFOLLOWINGTTEMS FOR'DEB LETTERBACK EITHER TOMORROW 6R FIRSTTFi12~'G'~IvIOND~TY' ~~.~r IT TO GUIDO MEYER ON TUESDAY; D~ECEMB~R f5; 1998: ALSO AND MAKE'SURE TT'S CORRECT ETC' YO~C~A1V SEND THIS B:4 PREFER:'. THANKS A LOT! Current Title How long you have been in your position: Do your duties regularly include enforcing violations of the Land Use Code: Training: Background: !. T ~ i College degrees, awards, etc: i e ie uinn, u o ence _ j X-Sender; debbieq~rof.net Date: Tue,'24 Nov 1998 17:46:32 -0700 To: joannasc~ci.aspen.co.us, cindyhc~ci.aspen.co:us From: Debbie Quinn'<debbieq@rof.net> Subject: Guido fence Joanna and.Cindy, We had our case management conference with Judge Craven, and trial is set for 4/14/99. Guido afterwords asked if he could resolve this by reducing the 1400'fence to 6 ft. in height. He says he has the same fence throughout his property, rest was done in 86, didn't think he'd heed it at new location, but was wrong; thus he installed it in 97. So, is ,that a fix?'I'm meeting him at his house on 12/4 to look at-it, and I'd like to tell him if he'd be legal w/ 6'fence. We only sued on the 1400', never addressed the rest-so he's only offerred to reduce the height of the 1997 addition- Let me know your thoughts. Debbie e ie uinn, 9u1 o epee X-Sender: debbieq@commons.co.pitkin.co.us (Unverified) Date: Wed, 04 Nov 1998°10:57:01 -0700 To: cindyhc~co.pitkin.co.us, joannas@co.pitkn,co.us From: Debbie Quinn <debbieq@c.aspen.co.us> Subject: guido fence Cc: lisam@co.pitkin.co.us I have a case management conference in this case on 11/23 at 2:45. In speaking with Guido, he said he wants a judge to tell him he has to go through our process because Randy Cote told him there is a state law requiring DOW to provide these fences to property owners, and that we need to amend our land use code. I'm asking Lisa to~look up the state law (Lisa-try division of wildlife, fences), but do either of you know anythng about this? dq :November ~tY i 998 Guido Yleve. Meyer ramiiny' Limitted Partnership ,rev ?;Txiv .J65. "Wp RIVeTS L\d. ~~JYtFII\IT`,' C7EVElo."VEST ~EPeRl11ENT ' Basait. CO 31621.. Dear Guido. T am sorry it has been. tough t'or ns to connect. ilanic you for cailin~ and !emns me know that you could not make the meeting -pis afternoon. I wtsh i i:ad the time ro meet ~>ou in Basait but ..for now, I just wanted to get :his quick note to you outlining what I woud have esniained in out meeting: ~tavbe this wiil eiimmate the need for.,:ou to drive uo here. We passed an exemption this year for agriculturally assessed lanas concerning fences :hat do not meet code requirements (specifically regarding helgnt (a2'~ and kick space'requirements for wiIdlfe). However, that exemption is only for fences unaer 6 feet in height. ~[y understanding is thaPyour fence is 6 feet or *211er. therefore, you do not fall under this exemption. The ability to construct. a fence taller than 6` nigh Domes under the review of the Board of :adjustment (BOA). TheBOA meets monthly to revie~N ail types of variance requests ivariances from normal dimensional requirements of the Land Use Code). ' In order to get before the BOA in December of this year you must fill out an application and return it to us by November 9. If you need more time. we can get you'on the January t 999 agenda. That application is due on December 14 ,1998. ' I have attached a Dopy of the BOA applicationsequirements. Iread thtroush each item and ' .indicated (in pencil) how to address each issue. I hope that helps. If you leave questions please call me so we can get you on the next possible agenda.. I have also sent a copy of the public notice sign thaz you need to post on your property down to the BasaltCounty Office right near you house. You can pick thazup on Thursday this week or anytime after that I think it is always easier to explain this is person but I hope this gives you a head start. You can :call me with any questions. , ,Sincerely; ~~1 Cindy Houb Pitkih Coup` Community Developme~ Department i . 130 Sovrx Ge1.EUa STREET ~ 3seea, Coxoxnoo 81611-1975 ~'PemE 970.920x090 ~ Fax 970.920Sd39 ~ ~~' ~' ..: s .~ X-Sender: cindyh@comdev Date: Sat, 31 Oct 1998 15:00:15 -0700 To: debbieq@co.pitkin.co.us, joannas@co.pitkin.co.us, suzannek@co.pitkin.co.us, lesliel@co.pitkin.co.us From: Cindy Houben <cindyh@ci.aspen.co.us> Subject: Guiedo's fence Just and FYI::: Debbie has written a letter to Guiedo explaining what he needs to do. Guiedo and I have exchanged about 500 calls and never get one another and Y don't want to leave detailed messages w/ his kids. The bottom line is'that he needs to get a BOA application in to ws no later than Nov. 16 (Joanna, this is when you thought it was due,,,please'let everyone know if that is not the right date)n order to make The December BOA meeting'. Unfortunately since we have. not connected I have not be able to set up a time w/ him to walk him through what he needs to do. So, I will keep trying to call him but just thought you all should know that that is where it stands. Thanks CH bI Pitkin 22 October, 1998 Mr. Guido Meyer Meyer Family Limited Partnership 23655 Two Rivers Road Basalt, CO 81621 Re: Pitkin County District Court Case No. 98 CV 188-1 Deaz Mr. Meyer: Commissioner Leslie Lamont has indicated she has spoken to you concerning your intentions with respect to this outstanding code enforcement litigation. The setting scheduled for Wednesday, November 4, 1998 is merely a telephone setting, where I call into the district court clerk to establish a time for us to appear before the judge for a case management conference. I need a telephone number where you can be reached at 9:30 a.m. that day so that you can participate in scheduling. The conference will be scheduled sometime in the future. Under our rules of procedure, a case management conference is required in connection with parties who aze not represented by lawyers. I have considered the letter you wrote to the court as an answer to our complaint, even though technically it is not in the form of an answer and scheduled the case management conference so that we can proceed with this case. In the meantime, Leslie has indicated that you aze willing to meet with a planner and do the necessary application for the Board of Adjustment vaziance. Leslie thought that under the facts of your particulaz case there may be a good possibility that the variance would be granted. In any event, if it appears that there is some movement being made towards resolving our issues, I would be delighted to so advise the court during the case management conference and request that the procedural deadlines involving discove Administration 530 E. Main Suite 301 County Commissioners County Attorney ry Finance and Use Tax , Aspen, CO 81611 Suite 301 530 E. Main Street Suite 302 530-E Main Street 530 E. Main, Suite 207 (970) 920-5200 FAX 920-5198 Aspen, CO 81611 . Aspen, CO 81611 Aspen, CO 81611 (970) 920-5220 $~ (970) 920-5150 (970)920-5190 FAX 920-5230 printed on recycled paper ', II ~.. Mr. Guido Meyer 22 October, 1998 Page 2 and disclosure in the litigation be delayed pending the outcome of your efforts to resolve the. issues. Thus, I hope that you will commence those efforts before our November 4, 1998, telephone conference, and in any event, before the actual case management conference. Please call me at your earliest opportunity so that we might discuss this further. Sincerely, Deborah Quinn Assistant County Attorney DQ/vvn cc: Leslie Lamont Cindy Houben Joanna Schaffner IcW~misc:codmeye2.ltr ~ ~ 1~~~ ,~ ~'! ~C GUIDO MEYER j MEYER RANCH, L.L.C. ;' 23655 TWO RIVERS ROAD ~y`~ BASALT, CO 81621 n 7/20/1998 `ICJ- ,,`'l}Y-.~1.) ~, t DISTRICT COURT, PITKIN COUNTY ~ w1 RESPONSE TO 98CV188-; ~~' 1984 COLORADO TREE RANCH (CTR) STARTS PLANTING TREES. ~ ~C 1985-86 HEAVY DAMAGE SUSTAINED TO TREES DUE TODEER & ELK. SUMMER DISCUSSIONS WITH THE COLORADO DIVISION OF ~ WILDLIFE, D.O.W. LEAD TO AN AGREEMENT ~ PROVIDES MATERIAL AND SPECIFICATIONS FOR ENDCING . / G AND CTR PROVIDES LABOR. 1986 20 ACRES OF LAND ARE FENCED IN THE FALL. X 1994 ADDITIONAL 10 ACRES FENCED. ~ 1997 600' OF ADDITIONAL FENCE ADDED ALONG TOWN OF BASALT BOUNDARY DUE TO DEER AND ELK ACCESSING NURSERY THROUGH TOWN OF BASALT AND DAMAGING TREES. WE FEEL THIS ACTION SHOULD BE DISMISSED FOR THE FOLLOWING REASONS: - THE MATERIAL AND SPECIFICATIONS WERE PROVIDED BY A STATE AGENGY- D.O. W.- WITHOUT ANY REFERENCE TO V~ - LANDUSE CODES. - THAT A MAJORITY OF THE FENCE HAS BEEN IN PLACE FOR 12 ~~( / YEARS WITHOUT ANY LANDUSE NOTIFICATION. - THAT THE PORTION OF THE FENCE ~ ~ STEMS FROM IS ON THE TOWN OF g~A~gp NDARY AND CTR HAS NEVER HAD ANY COMPLAINTS FROM THE TOWN, - THAT THE TOWN OF BASALT ERECTED AN IDENTICAL FENCE ~ AROUND FAIRVIEW CEMETARY WITHOUT A VARIANCE. - CTR HAS ESTABLISHED A VIABLE NURSERY OPERATION SINCE 1986 AND CANNOT CONTINUE TO OPERATE WITHOUT THIS TYPE OF FENCING. WE ARE PROVIDING GREEN SPACE IN e PITKIN COUNTY. THAT THE COMPLAINT STEMS FROM ONE HOMEOWNER OF MANY THAT IS IMPACTED BY THIS FENCE. WE FIND THAT PITCO COMMUNITY DEVELOPMENT MADE NO ATTEMPT TO Q` RESOLVE THIS MATTER WITHOUT STRICTLY ADHERING TO THE LEGAL PROCESS AND WE FEEL THAT TO GO THROUGH THE VARIANCE PROCESS AND PLEAD HARDSHIP AS THEY SUGGESTED IS UNJUST AT THIS TIME. X-Sender: joannas@comdev Date: Mon, 18 May 1998 13:46:32 -0600 To: lisa macdonald <lisam@ci.aspen.co.us> From: Joanna Schaffner <joannas@ci.aspen.co.us> Subject:,Re: guido meyer Cc: joannas@co.pitkin.co.us Lisa, In response to your questions about the Meyer fence: The zone district is AFR-lO.The physical address is Colorado Tree Ranch,23655 Two Rivers Rd. Basa1t,81621.The Legal Description is Meets and Bounds.Per the correspondance from Stacey Standley we can estimate that the construction of the fence occurred sometime during the months of aug/sept 97.Hope this helps. Ron At 03:41 PM 5/13/98 -0600, you wrote: >joanna, >deb has asked me to start some enforcement lit against meyer and his fence. >Can you please let me know 1) what zone district the fence is in 2) do you >have a physical address and a legal for the property and 3) any idea when he >constructed the fence? thanks! >Lisa > > Lisa macaoxiald, 03:093~F1-,~~t$- e: aui~~o mever~' X-Sender: lisam@commons.co:pitkin:co.us Date: Mon, 18 May 1998 15:09:18 -0600 To: Joanna Schaffner <joannas@ci.aspen.co.us> From: lisa macdonald <lisam@ci.aspen.co.us> Subject: Re: guido meyer back at you At 01:46 PM 5/18/98 -0600, you wrote: >Lisa, >In response to your questions about the Meyer fence: >The zone district is AFR-lO.The physical address is Colorado Tree Ranch,23655 >Two Rivers Rd. Basa1t,81621.The Legal Description is Meets and Bounds:Per >the correspondance from Stacey Standley we can estimate that the >construction of the fence occurred sometime during the months of aug/sept >97.Hope this helps. >Ron > > >At 03:41 PM 5/13/98 -0600, you wrote: »joanna, »deb has asked me to start some enforcement lit against meyer and his fence. » Can you please let me khow 1) what zone district the fence is in 2) do you »have a physical address and a legal for the property and 3) any idea when he constructed the fence? thanks! »Lisa » I >> » I > > Lisa Pitkin Count 31 Mazch, 1998 Mr. Guido Meyer 23655 Two Rivers Road Basalf, CO 81621 Re: Illegal Fence Deaz Mr. Meyer: Joanna Schaffner has referred to this office the Correction Notice issued to you on September 16, 1997, concerning your fence. I have also reviewed her correspondence to you since that time. You need to make arrangements to appear before the Boazd of Adjustment at the earliest opportunity. Unless this office is advised within the next two (2) weeks that your fence matter has been scheduled before the Board of Adjustment ih the neaz future, we will have no choice but to take legal action to require compliance with the Pitkin County Land Use Code. Sincerely, Deborah Quinn Assistant County Attorney DQ/vvn cc: Joanna S. Schaffner Stacey Standley 1Gd/misacor/meyeclcr Administration 530 E. Main, Suite 301 Aspen, CO 81611 (970)920-5200 PRirvrEOOrv FAX 920-5198 RECYCLED PAPER County Commissioners Suite 301 S30 E. Main Street Aspen, CO 8161 7 (970)920-5150 County Attorney Suite 302 530 EMain Street Aspen; CO 81671 (970) 920-5190 Finance and Use Tax 530 E. Main, Suite 201 Aspen, CO 81611 (970) 920-5220 FAX 920-5230 C<I _~ ~~-- -~ ~ n Q ~,,._ ~1yI~~- d~~~~ ~~ ~ I~ .. r ~t:.~.: ,f ~~~:{ ,, ~,i~ .. d~-~fi~~~ C~~~ ~ ~~. ~~ ~~ `7- ~o. S,~ MRR 04 '98 08~S6RM T4WN "4F BRSRLT.. ~ ... ~ .,... PP,T1 ~. 101 MIDLAND AVLMfJE (97D) $27-0701 •`FA`5i 21. POSt - it" F8x Note 7671 Date 3_~_y pag°es~ y w To JQ. i u~ ~ Prom t~C~ Co./Deft. Ca. Phone # Phone # Fax # Fax # DATE: FROM: FAX CQVE<'i SHEET. E s NlJMBER ©F PAGES, IIVCLUt?If~t~Y`4`~"t~'1%~£l~"I'~~G'~:~`W ~~" _ ..: ,...., , , MES~AGL: ~~ ~~ L~' PYdO ~`l~,r~,,.~a ''~ I`G~{,ce.S ~t ~ I'}1tN`4; !~"+'l,~'S"r b~ana~ 1y x __ _ "' Esiati)ishedn i~~~ II' f ~j :_~,~. ~ ~„ . ,, u4, da,.w~ k. ,. ct a , r.~ ~~ ., r ~., n _ i ASPEN ~PITKIN ' '' i~'~~ COMMUNITY DEVELfJ`"'ENT DEP:4RTMENT i ' I ~ CORRECTION NOTICE ~~ ^ STOP WORFC ORDER ~ ~~ Job Located at ~~OtQ~(O.V,Q Y~CQ e ~clr~ + !i I have this day inspected this structure and these premises i and have found the following violations of City; County and/or Colorado State laws governing same`. - ', i ' ~,. _ .,' Respond By" ~ ~ PhotosTaken:Yes(]No^ You are hereby notified that no r ore work may be done upon the ' premises until the above violations are corrected. If you do not com- municate with this office by the above date, this matter will a referred to the appropriate authorities for enforcement. Failure to correct the violations may subject you toa civil suiffor an injunction; or a fine, or both; or to misdemeanor criminal prosecution, which upon conviction may carry a sentence of fine or,imprisonment, or both. Community Developry(ent DepartJnent-Pho~~20-5090 DO NOT REMOVE THIS TAG- RECiEI!/~~ MAR 0 3 1998 March 2, 1998 AsPEN~ru non COMMUNITY DEVELOPMENT Ms Debbie Quinn Pitkin Country Attorney Pitkin County Courthouse Aspen, C0 Re: Guido Meyer-Illegal Fence-Basalt Dear Ms Quinn, I asked Joanna to come down to Basalt and look at the fence, which Guido Meyer began installing on about July 2, 1997. She did so, and found the fence to violate Pitkin County zoning regulations. I am enclosing pictures taken by me on March 2, 1998, which shows the nature of the fence and its adverse impact upon the seven houses and two lots it passes. The fence has 9' high posts and runs for approximately 1,400" along the Elk Run FUD, passing seven houses. Behind Bi11 and Gail Burton's house (803 Kestrel Court) and our house (804 Kestrel Court), there is a grade separation of about 4'. This means the fence is 13' high from our yards, and comes within 20' of our houses, since it is right on the lot line. We feel as though we are living in the exercise yard of a penitentiary! It has a similar impact alohg its 1,400' course. I have tried to show the complete picture of the fence and the adjacent tree farm, so that you might understand that the fence does not need to be this high and should not be right on the lot line. If you and the Commissioners feel it is important to get public comment from us as to the adverse impact of the fence, please schedule a public hearing. If however, you have enough information to act positively to mitigate this terrible impact upon us, we will all thank you. Please feel free to call me, if you would like more input from me. Sincerely, Stacy Standley 804 Kestrel Court Basalt, CO 81621 927-1052 `R MRS 04 '98 08~56RM TOWM 4F BRSRLT $ea lt-2ll3. of rnoatt {a) The renting of rooms to one (3) or two {2) persons, not members of the ffa~mily residing in the same dwelling unit, may be ptSrmrtted as an accessory use, provided that the fallowing conditions gre mete (1) The total number of unrelated persons, including roomers, is any . one (1} dwelling unit must not exaeeil three t~)- (2) Quarters used by the roomers must sot be mare Yhaa twenty-t5ve percent (25~;} of the total floor area of the dwelling unit, (3 '.tire dwellieg snit must have only one (~1) electric meter. . (4) !'Vltere the reatiag of rooms is to two. (2) momers, at least sae (1} off- street parking apace must be provided, in addition to the number . of such spaces required by this Cado. All roomers shall use the main kite Faer7ities of the dwelt' unit. PFo separate lritchen facilities are lowed. (6) Renting of rooms shah be SlloWCd ag as atx,easory tt$e m fire principal building on a tot only, with ao [sorting aF rooms allowed in accessory 6uilaings. (am. z9, ~ s, 1990) ' lifrZD4. Featrea, hags and walla. 1Fenees, hedges and walls may be per- mitted in the. required yard areas of any dis- trict subject to the fnilo~+ing canditians and requirements:.. ... P.2 8estittn 16~21Xi {i) All fencx:a and uralts are subject w the applicable sections of the Building Code~1 {2} N fence, hedge or wall may oa eyond or across a property line ua ass with the joint agreement of floe abutting groperty owaters. It shalt be the responsibility of the property owner to locate all PmP~Y ~~ (3) No fence, hedge or wail shalt be pieced nearer than twelve (12) inches from a public sidewalk. (4} Na baatred wire or sharppointed or electrically charged fence shall be petmitled, with the exception that in the Industrial (IIii) Zone on1Y, up to three (3} strands of barbed wire may be attached to the top of a minimum six (6} foor;h7gace, for security purposes. (5) F ces, hedges or walls shall oat eirceed {6) Feet in height except is the uatrial 7_ono Llistrict The height shall ~ be measgred` at the Sni~3~i1` g on the aide of the fence nearest true street or - abutting property'. (6) Fences located within titre ze. quired front yard. setback shall sot exceed four (4) Feet in height, Ia addi- rion, oa corner lots, ans+ obstruction of any nature whatsoever. awes thirty (36) inches in height. shall not be allowed within the ,sight ttlangle established for the adjacent intersection. eroeept fot trees with breaches and foliage removed. to a height oY se~¢ (~?)~ feet above the ground and apes wue fencing that does not obscure more `than ttsn percent {1t}$6~ 5sid eight triangle shall be determined in acandaace with Appendor A. (Prior code 70-58 OM. 10, $ 7, .1991} lbli3 +~ ~ I