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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) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, q.,.,.. .. _ z., COLORADO, GRANTING APPROVAL OF THE HONEA 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION AND SPECIAI REVIEW FOR A CARETAKER DWELLING i UNIT Resolution No. 99-L8 ,Z RECTTALS 1. Kathy Honea ("Applicant's has applied to the Pitkin County Board of County Commissioners ("BOCC") for the following tend use approvals: A. 1041 Hazard Review and Conceptual Submission approval to establish: • a building envelope for the construction of a single family residence; and • a development envelope for landscaping and a septic system. B. Special Review for a Caretaker Dwelling Unit ("CDU'~. 2. The property is referred to as Parcel C and is located just South and West of State Highway 82, between the highway and the Roaring Fork River in the vicinity of Wingo Junction, See Exhibit "A" attached. 3. The BOCC, at a duly noticed public hearing on October 27; 1999, reviewed this application, and at which time evidence and testimony werepresented with respect to this application 4. The BOCC finds that this application proposes development in the best possible location; given the hazards identified on the property. ', NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval to the Honea 1041 Hazard Review, Conceptual Submission, and Special Review for a Caretaker Dwelling Unit; subject to the following conditions which shalt run with the land and tie binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior tb submittal of any building permit applications, the Applicantshall record a 24 x 36 inch ~, mylar 1041 Hazard Review Site Plan id accordance to Section 5-70-040 of the Land Use Code. '`Ihe site plan shall alsobe submitted in a digital format for integration into dte County Geographic Information System (GIS). The face of the site plan shall also include the following: A. A development envelope shall be established for the purposefor landscaping and a septic "s"gstem and identifiedas such. i ~ii~i~ ~~~~~ iiiiir~iii~ iii iii~ii~~ ~~i~~ iii ii~ii i~i~ ~~ri 439261 01/05/2000 01.31P RESOLUTI DAMS SILV2 1 of 6 R 0.00 D 0.00 N 0:00'PITK'IN COUNTY CO" .. .. i Resolution No. 99-~ Page 2 B. The main building envelope shalt be amended to exclude slope of 30% and greater. 3. Wildfire mitigation shall be as follows:.. Defensible Space: A. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: NOTE: Actual vegetation manipulation to meet these conditions. may not be necessary where the natural vegetation patterns have already. fulfilled these conditions. 1. For a distance of 10-15 feet around all structures on the property, brush, debris, and non- . ornamental vegetation shag 6e 6" or less (i.e. mowed grass, low-growing perennials). No vegetation taller than 6" shall tie planted in this area 2. From the main building envelope boundary, down the slope to the river, the half-dead junipers and deadwood shall be removed from the site. The remaining mature cottonwoods, junipers or Douglas-fir should have the lower limbs removed to a height of 10 feet orhalf the total height o the tree whichever is least. 3. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed.. 4. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Structural Design and Construction Requirements: A. Roof shall have a Class A, non-combustible roof system. Wood shake/s}iingle roof covering and flat roofs (up to a 4:12 pitch) aze prohibited in all wildfire hazard areas. B. All vents shall be screened with corrosive resistant wire mesh. of one quarter inch ', maximum. Maintenance: A. Roofs and gutters shall be kept clear of debris B. Yards shall be kept clear of all titter, slash, and flammable debris. C. All flammable materials (including fuewood/wood piles) shall be stored on a parallel contour a minimum of 15 feet away from any structure. Miscellaneous: A. Fences shall be kept clear of brush and debris. B. Wood fences shall not be connected to the stucture. Illlil IIIII 11E11~ ll~il III flll(III 11111 III i~lll 1111 Ilt~ _ . 431261 01705/2000 0L•37P RE30l.t1TI Di1VI5 ¢ILVI 2 of 6 R 0.00 D 0:00 N 0.00 PI7KIN COUNTY 't:0 " ~~ Resolution No. 99-~~ Page 3 C. Fuel tanks shall be installed underground with an approved crntainer. ', D. Each structure shall have. a minimum of one 1016. ABC fire extinguisher. E. Addresses shall be clearly marked and visible with miuimum 2" non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on anon-combustible post. F: Any outbuildings or additional buildings shall adhere to the same standazds as structures. G. Swimming pools shall be accessible to Fire Department vehicles. Utilities: A. Utility lines shat) be buried. 4. No development, including grading, landscaping, berming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the designated 66ilding envelopes, except as may be necessary to implement the wildfire. mitigation measures required elsewhere in this document. 5. Atl azeas disturbed by construction shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion: 6. The Applicant shall fence the. limits of construction as to not disturb slopes. 7. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 8. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Departtent: All sewage disposal systems must be designed by a registered professional engineer Sewage disposal system shall be located within the approved building envelope. 9. Prior to the submittat for any building petmits, the Applicant shall provide documentation of an adequate domestic water supply on the properly. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. The wel(site shall be located within the approved building envelope. 10. The Applicant shall comply with the all codes and requirements of the Basalt & Rural Fire Protection District. In addition, if the gross square footage of $ie residence exceeds 5;000 square feet, a fire protection sprinkler system shall be installed. 1 L Development of 30 inches above or below grade within the required settiack requires approval of a variance by the Boazd of Adjustment ]2. Prior to the submittal of any building permit applications, the Applicant needs to receive a variance from the Board oFAdjustment for any development with the 200-foot highway setback 1111111 11111 {11111 11111 III IlI11N~11111 I~ 111111111 Ilil 430201 03/0S/2000 01.3TP RESDLUTS DgVIS SIWS 3 of 6 R 0.00 D 0.00 N 0.00 PITKSN COUNTY C0 e~ Resolution No. 99- Page 4 13. For any free market residential structwe of 5,000 gross square feet or greater, the Applicant shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the Applicant to provide construction trip and residential trip generation studies. The Applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction of the County Engineer. 14. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. ! 5. Any alternations to the existing driveway may require an access permit. Access permits are reviewed and approved by the County Engineer. Prior to the issuance of any building permit, the Applicant shall verify with the County Engineer whether an access permit is necessary. 16. Prior to April 1, 2000, the Applicant shall remove the existing yurt on the lower bench of the property. Until the removal of the yurt, the yurt shall not be utilized as a habitable snuctuce: The existing driveway to the yurt shall remaihed, however, it shall not be improved or maintained. I7: No development, uses, etc. shall be allowed within the 100-year floodplain, except for uses addressed in section 3-80-040{B) of the Pitkin County Land Use Code to the extent that They are not prohibited by any other County regulations. IS Lighting shall comply with the Pitkin County lighting standards at the time of installation. 19. The Appticant shall comply with the following standards for the detached caretaker dwelling unit: A. Prior to the submittal of any building permit applications of the caretaker dwelling unit, the Applicant shall record a deed restriction for the caretaker dwelling unit witki the Housing Office. Floor plans for the unit shall lie provided to the Housing Officer when the deed restriction is submitted. B. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. C. The kitchen unit shall contain at least atwo-burner stove with oven, a standard sink; and no less than a 6 cubic foot refrigerator plus freezes D. The caretaker dwelling unit shalt be limited to ?00 net (iva6ie square feet as calculated by the Aspen/Pitkin Housing Authority. 20. The vested rights for the approval contained herein shall expire on October 27, 2002. ~i~i~i n~~~ ~iii~i iu~i iii i~i~iiii i~n~:i~»~~i~ ~i~~ i~i~ q of 6 _ Resolution No. 99-~~ Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25TH DAY OF „.. SEPTEMBER 1999. APPROVED AND ADOPTED ON THE 27TH DAY OF OCTOBER 1999.... VESTED RIGHTED NOTICE PUBLISHED ON THE ~ DAY OF Ol/~ 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS 1TKIN CO TY, C LORADO Q .~1.~ ee R. Dean, eslie J. Lamon Cl rk to the Board Chair Da ~, APPROVED AS TO FORM: APPROVED AS TO CONTENT: Johtt Ely, Cindy Houben, County ey Community Development Dirwtor Case #PI24-99 PID #2467-212-00-004 1111111 11111 111111 11111 III IIIIDII IIIII III 1111111111111 439201 01/05/2000 01.37P RESOLUTI OfiVIS SILVI S of 0 R 0.80 D 8.00"N 0:00 PT?KIN C011NTY CO ,Order Njpn$Cr:. 0002 b421 PARCE« CS SCf1i:DlILE A ~ i Exhibit A LEwIL DESC87P710N A12 Chat port of Tract 64 situated in Sections 20 and 22, Tavnahip 8 South, i Ranga86 Woatof the Sixth Prinoipa2 Mariciiatt, Pitkin`Codi5"tp°°~"Colorado~lping soeLhvsaterZy of the southweatexly right of vay lin• of State Highvay No. 82 end Northeasterly or the Roaxing.Fczk River, described asfollovs:~ ', 8oginning at a point pn said right ofvay 1iae, being also a point on the. NortheasLezlybnnkof said river, whence an iron.,poat with a bxaseeap sat dor A.P. No. 2of Tract 65 in'aaidSection 1I beus South b7.13~ East 1213.55 feet ~tothe tsvopoint of beginning; thence Aortb 49`12'30"feet elong fhe NorthoastorZy bank of said riv®r;' ihenco North d6°39~C0"Wattt 193.66 feet along the Northeasterly bank of said river; thonee North 6I°05'Weat 294.34 feet along the Northeasterly bank of said river; ... ,... -. thanc~ North 76°49'40" Wast 739.19 feet along the Northeasterly bank of said .and in thonca North 34°52' Ea#d tii3~38yfaet alottg aytanca now ronetractad place to a point on ghee right o! va laic; thence South 77°31'70" Easc 31.23 feet aZang said right of vay Line; thence South 53°OS' East 26 il,feet slang said right of vay 1#na; ..... .. .,... thence South d4°30' East 6I6.0Ifeet along'said"rigSsf oP way line- thence south 17°5B' East 211.81"feet alongaaid night oF`i+ay 11ne; '. thence South 44 °30' East 96.40feat along Baidr#ght of vey Zin®; thence South 46 °0I' East 276.12 feetalong said right of vay line totY.e po#nt of'.beginning. SRCEPTZNQ FROM' PARCSL C DESCILTBED A130YE: ', A parcol of land situated in Tract 64 of Section 20, Tovnahip B South, Range 86'Weatof the 517:.tb Principal Meridian, Pitkin County,COlorado,being more. '. fully dascrilsed cs follows: _ -. Boginn,ingat apoint on the SouthveatezZy rightof vay Sine of Colorado State gighvay Xo.B1,aaid point also baingon a fento line id"plaaa andbs.IngaNO. 15 Reber with a P1ast3e Cap (LS 9184) set in concrete chance A.P. No. 1 of said Trait 64 bears North'50°46'02" East2197.97taet; ~ thanoa South 31°57'00" Weat I40.00 feet`slong said fancs line tq a No. 5 Reber. with a PSastic Cap (L9 91841 set in concrete; thonca South 31°57.00"..West 1,63.78 ;eaL._more araess aiopg said fence Zane and ' extension thereof to tfie centerline of tho Roar#.gg Fork River; thence North 55°51'0o•Nest 209.49 feetalottg said esntis;line; thence North4l°05'00" East 793.89 {eooalong the Sastetly $oundary 1inaof a ~~ parcol of land desasibod .in 86ok J66 at Page 1!i as Recgptian Nd. 113287 of the Pitkin county records; thence South66°34.55° East 63.46 Peet to ehspolnt of Aeginning. ' XLSO SXCSPTSNQ PRON PARCEL C DE5CRZEED A80VE: ._,,...__: _., _,_, _ _ ~~.'~ A11 that porLian of evbjectproperty canveyad Lo the Department of Trastaporthtion, Stat~9: of Colorado, and described iJ7 Avie and Order recorded '. March 19, I996 asrRecaption No. 392010. !I ^e .. COONTY OP P;TRZN. STATE OF C0TORADO. I IIIIIIIIIII IIIIIIIIIII IILIIIIIIiI IIrIi III ~"~' fill III 4392!1 0170572000 01:37P`RES0LUTI ORYIS SILVI ' f of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO ' -- January 1,5, 2001 .Chris LaCroix Garfield & Hecht, P.C. 110 Midland Avenue, Suite 201 Basalt, CO 81621 RE: Honea Property Dear Chris, ASPEN ~ PITKIN CDMMONITY DEVELOPMENT DEPARTMENT The purpose of this letter is to respond to your letter dated January 5, 2001. Regarding the five statements of , clarification that you have outlined in your letter, the following are staff's responses: I. Pursuant to Resolution No. 99-1$2, approval was grahted to the subject property for construction of a single- family residence, accessory uses and a caretaker dwelling unit up wfiat the zone district allowed a that time, which was 15,000 square feet in size. Since approval of this application, Ordinance 23-2000: Growth Management Reform Legislation, was adopted which indicates that "the definition of floor area in effect at the time of building permit shall apply as a rule of general applicability. " Therefore, since the subject'property is located outside. of the Urban Growth .Boundary, there are no floor area exemptions, such as garage and subgrade. space, as summarized. under the definition of Floor Area in Ordinance 23-2000. As a result, garage and subgrade space will be included in any calculation of square footage. 2. Pursuant to Resolution No. 99-182, Condition 2 states that "a development envelope'shall be established for the purpose for landscaping and a septic system and identified as such." Staff agrees with your interpretation that a berm is considered landscaping and allowed within the `development envelope' or the approved `building envelope'. 3. Staff agrees that the property owner would be allowed to construct a berm up to 6 feet in height. within either the `development envelope' or the `building envelope', without Board of Adjustment approval. A berm greater than 6 feet in height would require a variance from the Board of Adjustment. However, in accordance to Condition 4, "no development, including grading, landscaping, berming, entry or ranch gates, and vegetation or disturbance shall occur outside designated building envelopes....°' 4. Staff agrees that in Condition 4 of Resolution No. 99-182, "designated building envelopes" does include both the `development envelope for landscaping and septic system' and the `building envelope' as approved. 5. Staff does not agree with your statement that "if the vested rights for the property are extended beyond October 27, 2002, that all approvals, including the right to construct a home up to IS,000 square feet is size, shall be likewise extended. " Pursuant to Ordinance #23-2000, section 9-100-020(B)(1)(c) states that "at the end of the statutory vesting period, these ~irowth Management provisions (Ordinance 23-2000) shall be fully applicable to the property as allowed by state law. " Therefore, if the vested rights for the property are extended beyond October 27, 2002, development of all structures will be limited to 5,750 square feet. Finally, you are correct that a 1041 site plan must be recorded prior to the submittal of any building permit applications. However, Condition 2(A) states that "a development envelope shall be established for the purpose of landscaping and a septic system and identified as such. " The 1041 site plan should be amended to conform with the Resolution prior to submittal for signature and recording. Please contact me if you need any more clarification of the approval granted to the subject property. I can be reached at 970-920-5103. Sin~erely, ~~ ~~ Tamara Pregl, Planner IJO SJUTHGALENA STREET ~ ASPEN, COLORADO 8I6IYt97S PHONEy7O.92O.SO9O ~ FA%970.92O.SA39 Printed an Reryded ISper - . Jan. 5. 2001 1 23PM GARRIELD HECHT BASALT ,. i V~JL~~llI ,1L.~ ^~ ll 1tll-d~~ ll , 1C .~. N AVENUE 601 EAST HYMA RONALD 6ARPIELD~ ANDREW V HECHT' ATTORNEYS AT LAW ASPEN, COLORADO 87671 TELEPHONE MICHAEL J, HERRON° E-mail: . (970) 925.1936 DAVID L. LENYO MATTHEW C. FERGUSON' arty@aarfieldhechLeom TELECOPIER (970) 925-3008 CKRISTOPFTER J. LACROIX'~a Website: CHAD 7 SCHMIT° wwW.garfieldhechLCOm 110 MlC)LANb AVENUE SUITE 201 BASALT, COLORADO 81d21 January 5, 2001 TEL&PHONE (970) 927-1916 llya FCtCSdritdC¢ l0 92Q-,SQ~ TEI.ECOPIER Ms. Tamara Pregl ° (970> 9z7-nss zspen/Pitlcin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Honea Property Dear Tamara: I represent the David 5. Baum T.iving Trust, which has contracted to purchase certain property in Pitkin County owned by Katherine Monroe Honea located at 25110 Highway 82, Snowiness, Colorrado 81654 (the "Property"). In Resolution 99-182 (the "12esoliition"), the )3oazd of County Commissioners of Pitkin County granted approval of the Honea 1041 Hazazd Review; Conceptual Submission and Special Review for a Caretaker Dwelling Unit for the Property. You and I have had several conversations eonceming the Property and I write seeidng clanficahon of a £ew issues raised in the Resolution. epI understand that although the Resolution was adopted and recorded on January 5, 2000 as Rec tion No. 439261 a 1041 site plan has not yet been recorded for the Property. Paragraph 2.A. of the Re§olution provides that prior to submittal of any building permit applications, a 24 x 36 inch site plan must be recorded, which shall include a development envelope fox the purpose. for landscaping and a, septic system and identified as such. You have advised me that your office has approved the site plan prepared by Sopris Engineering, LLC entitled " lvlap of 1041 Review Map of the Honea Property' dated June _.a I1 and 24, and l~lovexnber 17 1999 and prepared July, 1999 and January,. 2000 (Lhe "Survey'. In particular, T ask that you confmn the following, assuming for purposes o£ this letter, that the Survey is signed and recorded: 1. The land use approvals for the Property allow for the construction of a home up 15,000 square. feet in sizes 2. The azea designated on the Survey as "Development Envelope for Septic. and Well" which is located between the "Building Envelope" and he gravel driveway may also be used for landscaping and construction of a berm. 3. Pazagraph 11 of the Resolution, which provides that "[d]evelopment of 30 inches t also Jmi1160 f0 3. slm ,dmi~wd ro 3. also Wmk,ed w 6. also admiAOJ W 5~ tluo admh¢d co Ncw Vork Bee Diurlat of Columbia Rar Florida Bnr Ofvo~c nar Cannaticm Bar ®t+,inted on recycleA P9pe[ ~: r . . -mow:..: ~.o,,w, .. d ~ ~...-u.n. .,m..n.a ~ ~.,... Jan. 5. 2001 -1:23PM ` GAI~PTEI.ID & ilECl-T, Ms. Tamara Preg1 7anuary S, 2001 Page 2 GARFIELD HECHT BASALT No.5965 P. 3/3 P.C. above or below grade within the required setback requires approval of a variance by the Boazd of Adjustment" does not apply to the construction of berms or installation of fences up to 6 feet in height, because your office takes. the position that such activities do not constitute "development". Therefore, the owner of the Property has tha right to construct a berm up to 6 feet in height within either the "Development Envelope for Septic and W~gJ,I" or within the "Building Envelope" without a variance from the Board of Adjustment.1 I understand that a variance would be required to construct a berm. over 30 inches in height outside the designated building and development envelopes and that a variance would be required for any berm over 6 feet in height, even within the. designated building and development envelopes. 4. The reference in Paragraph 4 of the Resolution to "designated building envelopes" includes both the "Development Envelope for Septic and Well" and the "Building Envelope°' designated on the Survey. 5. If the vested rights for the Property are extended. beyond October 27, 2002, all the approvals, including the right to construct a home up to 15,040 square £eet in size, shall be likewise extended. I understand that your office cannot at this time provide anyassurance as to whether. or not an extension of vested rights will, if ever, be able to be obtained. If you are in agreement with the statements contained in pazagraphs 1-S above, please so indicate by signing below and returning to me a copy of this letter.. If you are not in agreement, please feel free to send me a written response or to call me. I appreciate. your prompt attention to this matter. Sincerely, Garfiel echt, P.C. sy: Chris LaCroix Agreed: Pitkin County Planning Office By: Tamara Pregl ~ cc: David Baum P.D. Ash Timothy E. Whitsitt, Esq. M:\clacroiul8aum\Pregl.ltr.wpd Whitsitt & Gross, P.C. 580 Main Street, Suite 2I0 Carbondale, CO 81623. ' Dear Tim, Per your letter dated March 16, 2000, staff has determined that your request to extend the removal date of the yurt from April 1 to June 1 is warranted due to the possible wet and muddy conditions that may exist on site at that time. During this time, as the property owner has committed in your letter, the yurt must not be occupied. The yurt must completely be removed by June 1; 2000. An inspection of the property will be conducted at that time, Please do not hesitate to contact me at 970-920-5103 for any clarification. i Tamara Pregl . ~ I Planner Co; Joanna Schaffner, Zoning Officer 13~ $OURi Ge1LENA STREET ~ ASPEN, COCbRADO $1611-197$ ~ PHONE 9i~.920.$~9~ ~ PA% 970.92.$439 ' / Pointed on Rery<led Paper ~""~ ~ ~ ~ r lance Clarke, 05:36 PM 3/21/00 -0700, Re: honea M_ . ~ _4.,,~ ~ ..~.,.... __...., ,; . .x~ ... „ . r _, X-Sender: la ncec@ comdev X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.2 µ N. Date: Tue, 21 Mar 2000 17:36;41 -0700 To: Tamara Pregl <tamarap@ci.aspen.co.us> From: Lance Clarke <lancec@ci.aspen.co.us> Subject: Re: honea just go with a letter in file. anything beyond June 1 will require minor amendment to dev permit At 04:58 PM 3/21/00 -0700, you wrote; Lance, As parEof the Honea approval the yurt was suppose to be removed. by April 1st.. Tim Whitsitt sent a letter requesting an extension until June 1st. Does th{s need to go back to _.: the BOCC or can I just write a letter stating that its ok and CC Joanna so that she can follow up on it in June? This seems so minor to bring back to the BOCC. The yurt is not occupied. Tamara Printed for Tamara Pregl <tamarap@co.pitkin.co.us> ~. ~...r......,.t.. _ ...,,o ., . w ..:~~~ Mti ,....,.w~~. ~....~ .,.,av<: _ ; ~iIEG~IVIE~ WHITSITT f3 CsROSS, P.C. LAWYERS TIMOTHY E. WHITSITT ERIC J. GROSS° 5$0 MAIN STREET, SUITE 210 CARBONDALE, COLORADO $1623 *Aiso admitted in Maasacknaetta March 16, 2000 Tamara Pr egl, Planner Pitkin County Community Development 130 S. Galena Street Aspen, Colorado 81611 RE: Honea 1041 Dear Tamara: t~~A'ri .;, ~ 200A eaSFEN l PIYKIN cX3JdUt}NITi' ~1EU~1„C}~{EAlT MARTHA C. PICKETT OF COUNSEL This correspondence will confirm our telephone conversation yesterday, March 15, 2000, concerning the conditions of approval on the referenced 1041 approval. My client has indicated that there will undoubtedly be some problem in the removal of the yurt from its historic riverbank location by April 1 in accordance with the condition of approval in the 1041. This is due to the typical wet, muddy conditions which persist at that time in that location. On that basis, my client has requested an extension up to June 1 to accomplish this task. In response to your questions, my client has confirmed to me that the yurt is currently vacant and that there are no plans for occupancy of that structure now or after. April 1. She would commit to insure that the yurt is not occupied after that date if an extension is granted. With that assurance, I understand that you are inclined to approve the requested extension and that this maybe accomplished by a simple exchange of correspondence. I will look forward to your response in this matter in the near fixture. Thanks for your cooperation in this matter. Very Truly Yours, By: TEW:ek cc: Kathy Honea Honea\TPltr.doc GROSS, P.C. E. TELEPHONE: (970) 963-6666 FAC9IMILF: (970) 963-6667 whitsitt@cdalelaw.com grass@edalelaw.com mpickett@rmi.org i a, MEMORANDUM TO: THRU• Pitkin County Board of County Commissioners Regular Meeting -August 11, 1999 Cindy Houben, County Community Development Director~'~ ~~~ FROM: Tamara Pregl, Planner RE: Honea 1041 Hazard Review, Conceptual Submission and SpeciaLReview for a Caretaker Dwelling Unit SUMMARY OF REQUEST: The. Applicant requests 1041 Hazard Review, Conceptual Submission and. Special Review approval on Parcel C to establish a building envelope on the upper bench of the property for the construction of asingle-family residence and a caretaker dwelling unit. APPLICANT: Kathy Honea REPRESENTATIVE: Tim Whitsitt of McFlynn, Pickett & Whitsitt, PC LOCATION: The subject property is referred to as Parcel C and is located just South and West of State Highway$2, between the highway and the Roaring Fork River in the vicinity of Wingo Junction. ZONING: The property is zoned AFR-10 and contains approximately 2.556 acres. The properly is non- conforming in size. r, PARCEL CREATION/NON-MERGER:. Including the subject parcel, the Applicant owns two additional parcels. One parcel is across the Roaring Fork River adjacent to the Roaring Fork Club and the other lot .located across State. Highway 82. According to the applicant's representative the parcels have existed as separate parcels since at least 1965,. It is staff understanding thafthe boundaries of the subject parcel has been adjusted as a result of eminent domain. actions taken by CDOT in the course of improvement projects >e.. on State Flighway 82. It was determined by the County Attorney's Office in a letter dated August 24, 1998 to the CDOT, that the parcel is not merged under the Pitkin County Land Use Code and is therefore separately developable." This letter has been included in the application. EXISTING CONDITIONS: The property contains two buildable benches that are. separated by a 50% plus slope. The upper bench of the property is vacant, whereas, the lower bench of the properly contains a yurt which is accessed by a gravel driveway. According to Joanna Schaffner, Zoning Officer, no permits or approvals were granted by the County for the driveway to the yurt or the yurt itself. This issue will be discussed further in staff s memorandum. REFERRAL COMMENTS: Referral comments from Zoning, Colorado State Forest Service, Basalt & Rural Fire Protection District and. the Floodplain Administrator are incorporated throughout this memorandum and are attached for reference. Written comments were not received from the County Engineer, County Attorney or CDOT. - Honea BOCC: October 27, 1999 Page 2 ~ STAFF COMMENTS: 1041 HAZARD REVIEW/CONCEPTUAL SUBMISSION: The Board of County Commissioners may grant - m,._w ~..~~ approval of a 1041 fTazard Review and Conaepfiral S"ulimission based on a finding of compliance with the standards of Section 3-60, 3-70, 3-80 and 3-110 of the Land Use Code, Specific hazards, resources and recommended. mitigation measures are discussed below: f- PP ' dfire hazard on the upper Wild tre: Vince Urbina of the Colorado State Forest Service has rated the wi ,~~ ,, ,, ..nom, ~.~~ bench of the property as low. Mr. Urbina has indicated that since the A licant is proposing to push the building envelope to the edge of the steep slope, the Applicant should locate the house at least 50 feet from the edge of the vegetated slope. Mr. Urbina also offered a number of wildfire hazard mitigation measures which have been incorporated as conditions of approval. Mr. Urbna's letter can be seen in more detail in Attachment 1. Wildlife: The properly is not mapped, therefore this. application was not Yeferred to the County Wildlife Biologist. Riparian Habitat: Ms. Schaffner has indicated to staff that the existing yurt and the driveway that accesses the yurt were constructed without approval or permits by the County The yurt is located entirely in the floodplain and should be removed. Ms. Schaffner noted that that Jonathan Lowsky, County Wildlife Biologist, should visit the site and determine to the extent of damage of the existing riparian habitat resulting from the construction of the driveway and the yurt. If extensive damage off the riparian habitat has occurred, restoration of the ripazian habitat upon removal of the yurt may be required. Upon a site visit of the property, staff concluded that it did not appear that the riparian habitat was extensively disturbed as a result of the installation of the driveway or yurt. However, staff did speak with Mr. Lowsky, who indicated that once the yurt is removed there might be a potential of weed problem. Nlr. Lowsky had noted that this area should be seeded with native grasses. Mr. Lowsky has provided a list of suggested seed mix to be used (Attachment 5 of this memorandum). Geologic: As mentioned. throughout this memorandum; there are two benches on the subject property; one more or less the level of the highway and the other on the level of the river. Since the tower bench is mapped within the 100-year floodplain, development must be confined to the upper bench The Applicant has indicated that due to the small size of the. upper bench and the proximity of State Highway' 82; it is desirable to push the edge of the building envelope out into the top edge of the slope. The Applicant did provide a geologic analysis by Hepworth-Pawlak Geotechnical, Inc of the site and the. azea of proposed development. According to the analysis, Steven Pawlak indicated that theproposed building site should ~be feasible for construction of the residence. Mr. Pawlak further noted that "we except that the building can encroach the steep terrace escarpment provided the foundation ~s back and deep enough to not be affected by potential slope raveling." Pursuanf to the section 3-80-050(C )(2), development. is prohibited on slopes in excess of 30%, except for minor changes when the slope is due to the presence of a minor natural or man-made. change in gradient Y Honea BOCC: October 27, 1999 Page 3 of the continuous slope. Staff feels that the proposed encroachment of the building envelope on slopes in excess of 30% does not fit under the exception to the 30% slope provision, therefore the proposed . < ~.. , building envelop shall be modified to exclude all areas that contain slope in excess of 30%. In addition, it has been the policy of the Community Development Department that all structures be located 10' from the top of a bank and the building foundationsbe located 20' from the top of the bank in order to not compromise slope stability: Therefore staff is recommending that the proposed building envelope be modified to exclude slope of 30% and greater and that a note be added. on the site plan that states that all structures shall be located 10' from the top of the bank above the Roaring Fork River and .,, w.„ _ _ ~ ~. ~:~ building foundations shall be located 20' from the top of the bankabove the Roaring'Fork River. In addition; the "top of bank" line should be better defined on the site plan. Since the building envelope needs to be modified to exclude aeeas containing slopes in excess of 30%, the azea for actual development within the proposed building envelope will be much smaller. Staff recommends that the Applicant consider a development envelope for septic purposes only in the area between the existing gravel driveway and the northeastern portion of the building envelope. Establishing a development envelope will allow for additional. space within the main building envelope for the primary structure. The Applicanfshould be aware that an develo ment within the setback which exceeds 30" above or below the Y P ~. ~ ,. v,.. ~ ~. _, .... natural grade requires a variance from the. Board of Adjustment. CONCEPTUAL SUBMISSION REVIEW Water and Sewer: The Applicant is proposing to install a well and an on-site septic system. The Applicant has noted that an au mentation contract with the Basalt Water Conservation District is available for outside g _~-_. ~. i _. water uses. Floodplain: As illustrated on the. site plan, the lower bench of the property is located within the 100-yeaz floodplain. No development is proposed in this area. The Land Use Code does not allow development _.. . within the 100-year floodplain which would. result in humap,occupation of structures either fixed„or mobile, permanent, or temporary. Therefore, the existing yurt shall be removed, Access: The property is accessed off of State Highway 82. This access. is also utilized. by the adjacent property to the west. Staff is under the assumption that there is an easement for the adjacent property to use this driveway. The Applicant did'provide documentation of legal access to the property off of State Highway S2. Bud Eylaz, County Engineer has not provided any written or verbal comments, however; a standard requirement from Mr. Eylar is that a Drainage and Erosion 1?lan be submitted. prior to the submittal of any building permits. Regarding the driveway that currently accesses the yurt on the lower bench of the property, staff feels that since this driveway was install without County review and approval, and since development is not allowed on the lower bench due to the floodplain hazard, that the driveway shall be removed and revegetated with native vegetation and/or grasses. . i Honea BOCC: October 27, 1999 Page 4 ~. _ , . ,:.. _ . ~... . > .. I Fire: Steve Howard, Basalt & Rural Fire Protection District, reviewed the application and noted. that if the gross square footage of the residence exceeds 5,000 square feet, a fire protection sprinkler' shallbe installed. Variance: A variance shallbe required from the Board of Adjustmentfor development within the 200' highway setback. As illustrated on the site pt'an, there is essentially no buildable. area lying outside of the 200' setback. If a variance is not granted, the parcel will be entirely undevelopable. The Applicant has indicated in the application, that in order to minimize the visual impact upon the Highway 82 corridor, the Applicant is willing to accept the following mitigation conditions: • Building height will not exceed 28 feet; • Roofing, gutters, downspouts, flashing, etc. shall be non-reflective and earth tone, colors. Roofing may include metal roofing in compliance with this condition; and • Exterior lighting shall be limited to the minimum requirements of the Uniform Building code and shall comply fully with the lighting standards of the Land Use Code. In addition, if the Applicant proposes to install berms. along State Highway 82 in excess of 6' in height to provide additional screening, the variance request to the Board of Adjustment shallreflect the Applicant's intent. CARETAKER DWELLING UNIT (CDU): The following is a review and. analysis of the proposal relative to the applicable standards of Section 3-150-] 30 of the Land Use Code. The Board may permit a CDU up to 700 net livable square feet in the AFR-10 zone district under the following conditions and limitations; 1. The floor area of the caretaker unit shall be included in the total allowed floor area for the lot or parcel of land. Response• The total floor area of the rind al and CDU will not exceed the allowable FAR of the zone , P P district. The FAR m the AFR-10 zone district can not exceed 1,.5,000 square feet. 2. There shall be provided one off-street parking space for each bedroom within the principal dwelling and one off-street parking space for each bedroom in the caretaker unit.. Response: The Applicant has indicated that they will provide adequate parking for the principal residence and the CDU. 3. The Applicant shall deed restrict the unit to comply with the caretaker unit deed restriction pursuant to Section 3-150-130(B) (3) of the Land Use Code. Response: The Applicant agrees to deed restrict the CDU in accordance with County regulations. 4. The dwelling unit deed restriction may only be removed upon approval by the Board of County Commissioners. .. ~ r.v.; w,loo uT ate,., f~ ~~ .:. n...... . ,. ~ a m v M.m.M .. u;w..a«a#+I =.~ vwi4:~5_xG: v.. z cdS~"Y~ ,. ~ ,,~ Honea BOCC: October 27, 1999 Page 5 , . , , .~ „ > , ~ Response: The Applicant agrees to comply. SPECIAL REVIEW: A CDU is listed as a special review use in the AFR-10 zone district, and therefore ', must comply with the special review standards m Section 3-210 of the Land Use Code; These standards i require that: 1. The use is consistent with applicable master plans, County Land Use policies, the intent of the zone district, and the character of the surrounding area. Responsep The use is consistent_with applicable master plans, County Land Use policies, the intent of the zone district, and the character. of the surrounding area. 2. The location, size, design and operating characteristics of the use are in harmony with the surrounding area and minimize adverse effects. Response:. The Applicant has qot indicated„whether the proposed CDU will be attached to the primary residence or detached.. The Applicant is aware that the CDU shall be in harmony with the surrounding area and minimize adverse effects. 3. Adequate public facilities and services are available. Response: All necessary public facilities and services should be available,to the CDU. , uFrnNrn-iF.NnATiciN: Staff recommends that the Board of County Commissioners pass a motion, "to apprOVe the riOnea 1 V41 riaZarQ 1CeVlew, ~,vuwp~uai ouvuu~~ivu, a..u vy~..,.. .~ ..............».. .. Dwelling Unit, subject to the conditions in the attached. resolution. of approval " ATTACHMENTS: 1. Colorado State Forest Service 2. Floodplain Administrator 3. Zoning 4. Basalt & Rural Fire Protection District 5. County Wildlife Biologist seed mix list. 6. Draft Resolution of Approval x.~,. .,k:, na ar„.. s rni_i .~+de«a.mawrtex,wu.v.-nGt.en~.,-s , G~x+~ e " ~~~~~~~.. ~ FOREST. `SERVICE j .~ 1999 1999 ~ ~ ~ ~ ~ ~ SCate Sorvices Building ~~ October 8 _ ' , ,' ' '- - ~ " • ~ '• -' 22'L S. 6th SYreet, Room 416 .. ~,•r`9~1 (P tTiCC~°7 Grand Jwoclan, Colorado 81501 Tamara Pfegl p' ~+~yj j~f OFVELOf'~ Eh~1'f Telephone: (970j 248-7325 _.. Aspen/Pitkih Community DevelopmenY~'~~t. 130 South Galena Attachment Y Aspen; CO 8161.1 - ... Re: Honea 1041 Wildfire Hazard Review Tamara, I visited the site with, Tim Whitsitt the owners representative on October 7th. Access to the site is via a new driveway coming from Highway 82. It'appeals that this. driveway was recently put in when Highway 82 was widened. It originates aYa right angle to Highway 82, which is desirable for emergency vehicle access. The envelope is situated on a bench, above the Roaring Fork River and below the driveway. The aspect is southeast with a slope of 5-10%. The vegetation in the bench portion of the envelope is mostly grass and would rated as a low wildfire hazard. The owner wishes to push the building to the top edge of the steep slope above the Roaring Fork River• "fhiswsfeepmslope has primarily riparianvegetation (e.g., narrowleaf cottonwood, chokecherry, quailbush sumac) and some scattered juniper with Douglas-fir. The junipers are half-dead with_some mistletoe m them I usually recommend that houses be ~. _u~ w .,m ..... ,. positioned at least 50 feet,from the edge of vegetated slopes. I visited with Tim_about public use of the_river below this envelope and he told me there, were no plans to put a trail along the river. Therefore, public impact below the envelope would essentially be non-existent and anyignition source to the,fuelswalong this slope would probably be by natural causes,.... "By mitigating the existing fuels to the prescription outlined below) feel comfortable allowing the house to be built closer to the top edge of this slope: .. ..._._ 1. For a distance.of 10 15 feet around all structures; establish and maintain„vegetation at 6 inches or less."This can be accomplished wit1~ mowe•, grass, low growingperennials or .,~ k= ,d~~,y hardscape (e.g., sidewalk, rock mulch, pavers). In addition flammable material (e.g., firewood) should not be stored witfiin this perimeter 2. For the entire distance of the envelope bouhdaries abutting the river remove the half-dead junipers and deadwood from the site 3. ReY~i2ining mature cottonwoods, tunipers or nougias-f r shou!d have the lower limbs removed to a,heght of 10 feet or half the total height of the tree whichever is least: This will eliminate ladder fuels, which could carry a ground fire into the tree crowns. Thank you for the opportunity to review this application. Feel free to,call me_with any questions. Since~re~l`y, ~~ • U c^-c.e~ ww~ A. Vince Urbino Assistant District Forester Cc: Steve Howard -Basalt & Rural FPD Tim V1lhitsitt _,,: .,k. ~,~;~~ _~. ~..,,m . ~,~ ..,. it .'... Attachment 2 1VIEMb~ANDUNf T0: TAMARA PREGL, COMMUNITY DEVELOPMENT DEPARTMENT FROM: TEMPLE GLASSIER, FLOODPLAIN ADMINISTRATOR DATE: OCTOBER 15, 1999 RE: HONEA 1041 HAZARD REVIEW_& CONCEPTUAL SUBMISSION_& CARETAKER _. DEWELLING UNIT P// 2467-212-00-004 ---------•----- --------- --------- -------- --- --. I I have reviewed the information submitted and. would like to ,forward the following comments to you: impacts on Floodplain: There is not any proposed development within.. the floodplain in this application. Sedimentation or erosion during construction _should be mitigated.. Thank you for the opportunity to comment on this land use application: Please contact me at x5211 if you have any questions. tlg:refhonea .w ~, v.,.M~ .~_„ ..r. .~~.,.-~~~. .~,~ .~.~ w...._.,.~ ,~..., ~, ~ ~„--_...,...._ Attachment 3 X-Sender: joannas@comdev (Unverified) Date: Wed, 06 Oct 1999 13:01:53 -0600 To: tamarap@co.pitkin.co.us From: Joanna Schaffner_<joannas@ci.aspen.co.us> Subject: Honea 1041 and CDU ,_ I have reviewed the above. application and offer the following comments. 1. Is "parcel C" a legal parcel with a development right??? 2. The existing yert located. in the. floodplain is an illegal unit. It did not recieve approval or permit from Pitkin County. This yert should be removed prior to this application being reviewed by the BOCC. Jonathan should visit the site to determine if any damage was made to existing riparian habitat resulting from the construction of the access and use of the yert. If so, restoration should be required. If not, existing vegetation should be documented. 3. Applicable setbacks are: 200 foot Arterial Highway setback as measured„from the Highway 82 right-of-way. The proposed building envelope encroaches into this setback. 20 foot side yard setback (western lot line is not defined) 30 footYearyard setback 20 foot minimum stream setback 4. It does not. appear that. a permit. was issued to allow for the existing ~.. ~n. driveway to access the lower bench. How/where will the building envelope be accessed? 5. The proposed building envelope encroaches onto slopes in excess of 50% Construction fencing may be required along the south boundary of the building envelope to ensure the slope/vegetation is not disturbed with construction clebirs/overspill. 6. Berms within setbacks cannot exceed six feet in,height without a variance from the Board of Adjustment. aUnurv bR vd. ~e ~ ux..~ LLm6L.w ~. N,w ~"~• r ..._ weaue.cvr a.aue.>Mr.rc 09/15!1999 09:30 9707040625 .^---- BASALT & RURAL, BASALT FIRE/RESCUE ,n September 15, 1999 PAGE 01 a:..M, .a:.,N , ~, l ~~ 1'RICT Attachment 4 Mr. Tamara Pregl __ Pitkin County Community Development Office 130 South Galena Street Aspen, CO 81611 Re: Ilanea 1041 Review and Caretaker Dwelling Unit, P# 2467-212.00-004. Dear Tamara, 1 have reviewed the appiicat and agrees. that the defensib: issues with the setback vari. not pose arty problems (asst "earth tone" colors.) 1 alstt, planned for the described bt not be adequate if Utey chos proposed caretaker unit, I vE to detetrrrine if it provide a ,, Based on the property's loc tank on the site. We would The Fize D1 "ct sees no significant wildfire hazards rce~ ~ihlrr and maintained. We have no re st arty ~`ee!<r1-e*fnitigation conditions listed would s don't use wb a shingles to attain their ~t both the proposed and caretaker unit are. ig`'Cavel . • e d eway down to the yurt may . of there. If the yurt is the leyout and visit the site the 2,500 gallon water tedtion sptrtttklers required if the gross square fAgt~'e of any of the buildiirgs,Lxceeds 5,000 square feet. If you or the applicant have any questiouc, call.aab~ at 704-0675. ~,. ' +.~.f ~~at roiw a ~v y ~ +• Sincerely, ~ ~ ii' ~ ~"M tM: ~ ~"tr~i Steve Howard Fite Chief .., P.O. Box 801 •20 School Street • Basalt, CO 81821 (970) 927-3365 • Fax (970) 927.3938 --- ,. ~._ - ter: .~a~. w-. ( .xt «xA ... rYF wx k+.41 w. rwa .TWO. Mr.4 :rvR~a } £s>mYk J53H ~7onathan Lowsky, 12 23 PM 10/20/99, Seed mix Attachment 5 From: Jonathan Lowsky <jonathan@ci.aspen.co.us> Reply-To: "jonathan@co.pitkin.co.us° <jonathan@ci.aspen.co.us> To: "Tamara Pregl (E-mail)" <tamarap@ci.aspen.co.us> Subject: Seed_mix Date: Wed, 20 Oct 1999 12:23:23 -0500 Return-Receipt-To: Jonathan. Lowsky <jonathan@ci.aspen.co.us> Organization: Pitkin County Land Management Dear Ms. Pregl; The following seed mix is appropriate for use in the riparian zone of the Roaring Fork River: 'Substitutions/additions must be approved. by the Pitkin County Wildlife Biologist or Land Manager. Calamagrostis canadensis bluejoint reedgrass Deschampsia cespitosa tufted hairgrass Juncus arctcus (aka balticus) arctic (aka Baltic) rush Phleum commutatum alpine timothy Poa leptocoma bog bluegrass Poa palustris fowl bluegrass Poa reflexa nodding bluegrass Agropyron smithii western wheatgrass This mix can be obtained from. many seed companies, including: Western Native Seed P.O. Box 1463, Salida, CO 81201 Phone: (719) 539-1071 FAX: (719) 539-6755 Email.: westseed@chaffee.net Web Site: http://westernnativeseed.com/ or Rocky Mountain Native Plants..(*Preferred because they're local) 3780 Silt Mesa Road, Rifle, CO 81650 970.625.4769 Fax: 970.625.3276 E-mail: native@aspeninfo.com_ Web Site: http://www.rmnativeplants.com Sincerely, Jonathan F. Lowsky Pitkin County Wildlife Biologist 76 Service Center Road ,~,...~ t. ay~ e~_ _d. ~ ~_,.. :_ ~ _.u.w.;,: w,.,.. .. s~ ~. ~°""~ ~ - >Prmtea ror i amara rreq~ ~Lamarapl~co.paK~n.co.us~ _ c~ ~: ,~ !I RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PIT 4 ,..z. r ~._.F w__ ~. ..~~ ,. ,KIN COUNTY, _. i COLORADO, GRANTING APPROVAL OF THE HONEA 1041ttHAZARD REVIEW, CONCEPTUAL, SUBMISSION AND SPECIAL REVIEW FOR A CARETAKER DWELLING P:., ~~ .. ~. ~ a~ ~ ~,~~ ~r-,~ .,~ > . ~. , ,,.i .. TJNIT Resolution No. 99-_ RECTTALS 1. Kathy Honea ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for the following land use approvals: A. 1041 Hazazd Review and Conceptual Submission approval to establish: • a building envelope for the construction of a single family residence; and • a development envelope for landscaping and a septic system. B: Special Review for a Caretaker Dwelling Unit ("CDU"). 2. The property is referred to as Pazcel C and is located just South and West of State Highway 82, between the highway and the Roazing Fork River in the vicinity of Wingo Junction. 3. The BOCC, at a duly noticed public hearing on October 27, 1999, reviewed this application, and at which time evidence and testimonywere presented with. respect to this application. 4. The BOCC fmds that this application proposes development in the best possible location, given the hazards identified on the property.. NOW THEREFORE BE TT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval to the Honea 1041. Hazard Review, Conceptual Submission, and Special ,i Review for a Cazetaker Dwelling Unit, subject to the following conditions which shall run with the land and be binding on all successors in interest: L The Applicant shall adhere to all material representations made in the application and public meetings. 2. Prior to submittal of any building permit applications, the Applicant shall record a 24 x 36 inch mylaz 1041 Hazazd Review Site Plan in accordance to Secrion 5 70 040 of the Land Use Code The site w.. J.:' . ,.. .. ~...,. ,..°3'k.q st.. .~w/, n plan shall also be submitted in a digital format for integrat~on4into the County Geographic l~nformation System (GIS). The face of the site plan shall also include the following: A. A development envelope shall be established for the purpose for landscaping and a septic system and identified as such. ~. _. >;: ,. nt,. ¢ ._,.aw .,..'s ur.....&~amw. ,..,uym. s_ ,.;~~ em.-.a~.+n '.3::iowkta~i.~wxn.:k..~ ~z~.as<~.naLa.. +~...:.€ea d ,a Resolution No. 99- Page 2 - B. The main building envelope shall be amended to exclude slope of 30% and greater. C. It shall be noted that "All structures shall be located 10' from the top of the bank al: ;~. > ~. Roaring Fork River; and building foundatioris sha]I'be~located 20~' from the top off above the Roaring Fork River." 3. Wildfire mitigation shall be as follows Defensible Space: ~e the bank A. The area around the structure shall incorporate landscaping with wildfire. defensible space considerations as follows: NOTE: Actual. vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions. ructures on the property, brush, debris, and non- 1. For a distance of 10-15 feat around all st , ...,~ o , ornamental vegetation shall be 6" or less (i.e. mowed grass, low-growiiig perennials). No vegetation taller than. 6" shall be planted in this area. 2. From the main building envelope boundary, down the slope to the river, the half-dead junipers and deadwood shall be removed from the site The remaining mature cottonwoods, junipers or Douglas-fir should have the lower limbs removed to a height of I O feet or half the total height o the tree whichever is least... 3. All branches which extend over the roof eaves shall be trammed and all branches within 15 ..»..m,, , ,,. .,..vim ,.. ~. ~:.~r~,~. +ss.x v,w~,~~m ~+ C.. v _ _,,:. ,:~ feet of the chimneys shall be removed. 4, The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. ', Structural Design and Construction Requirements: A. Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof covering and flat roofs (up to a 4:12 pitch) are prohibited. in all wildfire hazard areas. B. All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum. 'Maintenance: A. Roofs and gutters shall be kept clear of debris. B. Yards. shall be kept clear of a117itter, slash, and flammable debris. _ C. All flammable materials (including firewood/wood piles) shall be stored on a parallel contour a minimum of 15 feet away from any structure. Miscellaneous: _ .. ,. ~ ~., e...~._,t ~ ..~ , ~~.~ ~~~ ~.~,<~m,..~..,x~.~,~-. A~-a ,~....,~1 B. Wood fences shall not be connected to the structure. i C. Fuel tanks shall be, installed underground with an approved container:.: D. Each structure shall have a minimum of one 10 lb ABC fire extinguisher. _,:. V. ,r..~... .. ,.._,.. E. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters ~ ... . and shall be clearly visible at the primary point of access from the. public or common access road and installed on anon-combustible post. D. Any outbuildings or additional buildings shall adhere to the same standards as structures. i E. Swimming pools shall be accessible o Fire Department vehicles... Utilities: A. Utility lines shall be buried. 4. No development, including grading, landscaping, berming, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the designated building envelopes, except as may be ,. necessary to implement the wildfire mitigation measures required elsewhere in this document. 5. All areas disturbed by construction shall be revegetated with native. shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. 6. The Applicant shall fence. the limits of construction ~ to not disturb slopes. 7. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 8. Prior to the issuance of any building permits, the Applicant shall obtain a septic permit from the Environmental Health Department: All sewage disposal systems must be designed by a registered professional. engineer. Sewage disposal system shall be located within the approved building envelope. 9. Prior to the submittal for any building permits, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Envvonmental Health De artment. The well site shall be located within the approved ,~ ,,_., P building envelope. 10. The Applicant shall comply with the all codes and requirements of the Basalf& Rural Fire Protection District. In addition, if the gross square footage of the residence exceeds 5,000 squaze feet, a fire protection sprinkler system shall be installed, 11. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment... - +k~ ,>ae4 ,#3s 1kkS. J._* ~_, Y m. ~~. a. Wk.~.. s•x x. _r,,:'d .~ <. va,33 ;~ ~' Resolution No. 99-_ ~ Page 4 12. Prior to the submittal of any building permit applications, the Ap}~icant needs to receive a variance from the Board of Adjustment for any development with the 200-foot highway setback. 13. For any free market residential structure of.5,000 gross square feet or greater, the Applicant shall comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan, which requires the Applicant to provide construction trip and residential trip gene>•ation studies. The Applicant shall comply with this provision as it is in effect at the time of building permit issuance to the satisfaction .. « ~,~ .~bro~ of the County Engineer. 14. The Applicant shall submit a Drainage and Erosion Control Plan to the CountyEngineer for review and approval, prior to the submittal for any building permits. 15. Any alternations to the existing driveway mayrequire an access permit. Access permits are reviewed and approved by the County Engineer. Prior to the issuance of any building permit, the Applicant shall verify with the County Engineer whether an access permit is necessary. f occupancy, the Applicant shall remove the existing yurt and 16. Pnor to the issuance of a certificate o _;.., the driveway that accesses the yurt. 17. No development, uses, etc. shall be allowed within the 100-yeaz floodplain, except for uses addressed in section 3-80-040(B) of the Pitkin County Land Use Code to the extent that they are not prohibited by any other County regulations. 18 Lighting shall comply with the Pitkin County lighting standards at the time of installation. _ , 19. The Applicant shall. comply with the following standards for the detached caretaker dwelling unit: A. Prior to the submittal of any building permit applications of the caretaker dwelling unit, the Applicant shall record a deed restriction for the caretaker dwelling unit with the Housing Office. Floor plans for the unit shall be provided to the Housing Officer when the deed restriction is submitted. B. Housing Office staff shall inspect the unit prior to issuance pf a Certificate of Occupancy. C: The kitchen unit shall contain at least atwo-burner stove with oven, a standard sink, and no less ~.,_ ..: r. ~. ,.~ e~., .~ ~ than a 6 cubic foot refrigerator plus freezer. D. The caretaker dwelling unit shall be limited to 700: net livable,sguaze feet as calculated by the Aspen/Pitkin Housing Authority. E. Prior to the issuance of any building permits, the Historic Preservation Officer shall review the proposed remodeling of the cabin. 20. The vested rights for the approval contained herein shall expire on October 27, 2002. _.~ .. ~.n coc ~~n.-.b une. a.v... „..a.u.au,a,.u«.~m.a. „mc.,..u ~~.rrrc'n„iil6 Resolution No. 99-_ Page 5 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25TH DAY OF _. .~~.w _ ~.~_.. ~ a.~ ~ ~~, „ww4~:~~ _ U~,~ „_.. ,„ I SEPTEMBER 1999. APPROVED AND. ADOPTED ON THE 27TH DAY OF OCTOBER 1999. VESTED RIGHTED NOTICE PUBLISHED ON THE _ DAY OF ,1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY; COLORADO Lyndee R. Dean, Leslie J. Lamont, Clerk to the Board Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben; County Attorney Community Development Director Case #P124-99 PID #2467-212-00-004 ,> _ '. h~ Y~ "..>.. ~ I From: Bud Eylar <bude@ci.aspen.co.us> Reply-To: "bude@co.pitkin.co.us" <bude@ci.aspen.co.us> To: "Tamara Pregl (E-mail)" <tamarap@co.pitkin.co.us> Subject: Honea 1041 Date: Wed, 27 Oct 1999 08:20:30 -0500 Organization: Pitkin County Public Works The applicant should provide greater detail on the, proposed access. We need to see details of the grade and alignment regarding how they intend to access the building envelope. There was a proof of legal access, however it does not define the type. It appears that this is for a farm or agricultural access which is limited. It may be necessary for the applicant to apply to Colorado Deparunent of Transportation of a change in use of the access. .~. _.. ~..., ., p ~u., .E..~.ew ,-~~~~,~„ti~kr i ( L1' ~p / ~-1 xs'~ 30 ~OA^\~• J' ' I C 1 JB '. )1 IPP~ ~ L _+_ 1~ \t I e 12 I ~.!,~ _ ~-, -~~ -,,d- _,-~._ 1;~~;~ .. _ _a . w_ ,.._ b ~~w_~ _~-- L.M .xlr ~la`~~ ~ HONEA PROPERTY "" 1040 HAZARD REVIEW APPLICATION ~. Submitted to: Ms. Tamara Pregl ~,,, Pitkin County Community Development ` 130 South Galena Street _ Aspen, Colorado 81611_ ~„ (970) 920-5090 M , APPlicant: Ms. Kathy Honea ~,,, c/o Timothy E. Whitsitt McFlynn, Pickett &Whitsitt, P.C. 580 Main Street, Suite 210 „~ Carbondale, Colorado 81623 (970) 963-6666 ~., Representative:. Timothy E. Whitsitt McFlynn, Pickett &Whitsitt, P.C. 380 Main Street, Suite 210 ., Carbondale, Colorado 81623 (970) 963-6666 (telephone) (970) 963-6667 (facsimile) .., Date:.. July 30, 1999 ~.. ~,.: I ~,., .,, „. „, ~, ~., --- - _ ate... v. , ... p. p.,i ._ ~~ i _ _ APPLICATION SUMMARY This application is for the following: Code Section 1. 1041 Hazard Review § 3-80 2. Road Setback Variance § 3-50-020 3. Special Review for Caretaker Unit § 3-40-090 and 3-150-130 B. n The Honea Property is located just South and West of Highway 82, between the highway and the Roaring Fork River. in the vicinity of Wingo Junction in unincorporated ^^ Pitkin County. It is not located within any subdivided. area and is a metes and bounds parcel which has existed as a separate parcel since at least 1965. Since that time, the boundaries of the parcel have been adjusted as a result of eminent domain actions taken ^^, by the Colorado Department of Transportation in the course of improvements projects on Highway 82. A vicinity map of the Honea Property is set out on the following page. The property is zoned AFR-10 (10 acre minimum lot size). The building envelope for a single ~"" - family residence, which is a use of right in the AFR-10 zone, is proposed as shown on the 1041 Hazard ReviewMap submitted as a part of this. Application. The building envelope is located primarily upon the gently sloping upper terrace, essentially at the elevation of "'"" Highway 82. This is essentially the only buildable site on the property, since the remainder of the property is either a steep rivec terrace, or a lower bench adjacent to the a„ Roaring Fork River which is completelywithin the river's 100 year mapped flood plain. ` : Access to the parcel is direct from State Highway 82 on which there is an existing access point, which also serves as the accessyto the parcel lying immediately to the North. ~'" There is an existing unpaved road on the property to the lower bench. Water is proposed to be supplied by an exempt domestic well. An augmentation contract with the Basalt Water Conservation District is available for outside water uses. Sewer will be provided . r . ~. .. . ~u. x .._. . _. -~ by onsite individuaCseptic system. Existing electriq gas, telephone and cable lines are ` available at Highway 82. These utilities may be extended underground to the building envelope. Further information regarding wastewater utility investigation and site slope -,~; stability are provided in the letter from Steven Pawlak, H-P Geotech, attached hereto. i ~,. _ i ,., 1041 HAZARD REVIEW .... ~+ The 1041 Hazard Review encompasses the following items: wildfire, floodplain, and geologic (steep slope).:- 1, Wildfire The building envelope is located primarily upon the gently sloping upper bench of ^± the parcel, at the Highway 82 elevation..This is essentially the only buildable site on the f pazcel, This bench is primarily an open, grassy field, with heavier underbrush and cottonwood growth azound the steep terrace at the edges. The pazcel is within a low risk !^~ wildfire zone. It may be necessary to thin or remove undergrowth on the steep slopes of the terrace in the vicinity of any structure to create defensible space. The applicant is generally agreeable to comply this and with other wildfire mitigation requirements which '^^ might be set forth by the Colorado State Forest Service with respect to this property.. ,:; 2. Floodlain ,- The entire. lower bench of the property bordering the Roaring Fork River is encumbered by the mapped 100 year floodplain. The 1041 Site Map attached to this !"' application delineates the limits of that floodplain, which reach essentially to the base of the steep terrace which runs the length o£the property. There is no proposal for development within the 100 yeaz floodplain. The remainder of the property, including the '"' proposed building envelope aze in excess of fifteen feet (15') vertically above the flood b ~ plain.elevation and should not pose any risk or hazard with respect to flood waters. "" ! 3. Steen Slope A steep terrace between twenty-five to thirty feet high runs the length of the property dividing it into a distinct upper and lower bench. The lower bench is • - unbuildable, as noted above, due to floodplain considerations. Due to the small size of the upper bench and the proximity of Highway 82, it is desirable to push the edge of the ~"` building envelope out into the top edge of the terrace. This terrace is in excess of 30% slope and generally not acceptable for development under § 30-50-050 C. Potentially Unstable Slopes. Incorporated herein are the. comments of Steven Pawlak, P. E. of ~' Hepworth-Pawlak Geotechnical, Inc. with respect to the proposed development in this -- terrace. According to his evaluation, building within this area can be adequately mitigated on an engineering and geologic basis. Applicant submits that building in this azea will further- reduce the impact of the development upon the adjacent Highway 82 corridor [See Road Setback Variance section, below]. On that basis, applicant submits. that a minor extension of the building envelope into the terrace is justified in this instance and ~ will be adequately mitigated to avoid problems with this hazard. .. _; _, i .,. I ~. .. ~..... ,._ .... ~ ,~:. ..., ~~. ~.,~ ~ _., .~„_. , .~~~. ~ ..,... ~r. ,~ ~. ~ a .,~. > .. , .., -..~... ~ ~~. ~ . ~ ROAD SETBACK VARIANCE ~.. § 3-50-020 A.1. provides a 200 foot setback for all structures on property - adjacent to arterial highways. State Highway 82 is an arterial highway under the provisions of the Code. The 200 foot setback line as applied to the Subject Property has e-• been included on the 1041 Site Map included with this application. As can be seen from the map, there is essentially no developable land on the Subject Property lying outside the 200 foot setback. Therefore if a setback variance is not granted, the parcel will be entirely !*^ - undevelopable. The applicant is requesting a variance from the setback requirements in ,. order to locate her building envelope upon the most hazard, free portion of the lot, which is the upper bench. Applicant notes that even'this area, while it is generally at the same elevation as Highway 82, is relatively well shielded from the highway by an intervening t,., hilt which runs along the easterly edge of the property, along Highway 82. The placement __., . of even a fairly low berm along the Highway 82 side of the parcel would almost ^*• completely hide from view a structure in the proposed building envelope. In order to „., maximize this effect, it is necessary to push the development as far. as possible to the edge of the steep terrace rgnnng along the edge of the upper bench:.. In order to minimize the visual impact upon the Highway 82 corridor, the Applicant is willing to accept the following mitigation. conditions: n 1. Building height will not exceed 28 feet. '"' 2. Roofing, gutters, downspouts, flashing, etc: shall be non-reflective and r h earth tone colors. Roofing may include metal roofing in compliance with this condition. "^ 3. Exterior lighting shall be limited to the,mmimum,requirements of the i . Uniform Building Code and shall comply fully with the lighting standards of the Land Use Code. n ', ~" CARETAKER UNTT SPECIAL REVIEW The Land Use Code, § 3-150-130 B. provides for establishment of a right by ~" Special Review of a Caretaker Unit not to exceed 700 square feet, either attached or detached in an approved outbuilding on parcels located in the. AFR-10 zone district. Such. approval is subject to the following restrictions: r 1. The FAR of the principal structure and caretaker. unit may not exceed. the maximum FAR in the zone district (15,000 square feet absent special review). .., 2. One off street parking space must be provided for each bedroom in the cazetaker unit and in the principal unit. ~- i ,. ~. 3. The applicant shall be required to execute an appropriate deed restriction prohibiting condominiumization or separate sale of the unit, not. requiring the unit to be ' ~+ s spouse, and rented, prohibiting the occupation of the unit by the owner or owner limiting the occupancy of the unit to not more than two (2) adults and their children who qualify as employees of the community on rental terms of no less than six (6) months, SUP~PLE1~fEl~TAL APPLICATION EXHIBITS ` s-. ,i_i '.k ...R . ,. . , . .+.+.mrth.,*~3r'uffi..N4d r&v«.:. .~. The following Exhibits are attached hereto: 1. 1041 Site Map Exhibit A ~ ~ 2. Engineering Report Exhibit B , ~- 3. Parcel Legal Description Exhibit C The following Exhibits have been submitted to the Planning Office under separate ^^ cover: 4. Owner's Consent Form Exhibit D 5. Proof of Ownership Exhibit E "? ., 6. Proof of Legal Access Exhibit F 7. Agreement to Pay Form Exhibit G *., 8. Pre-Application Conference Form Exhibit H "'" 9. ,Adjacent Property Owners Exhibit I m.,, .~, .~ i I .,.. ,.. e ~., ~., .~,: nps. m,la~ +FVi~.i «u sx, 5;..vw ~s'..a_, ~ , A ~ .,~„ ., s: ~, .._: , ~;:: ~ I SUPPLEMENTAL APPLICATION EXHIBITS The following Exhibits are attached hereto: 1: 1041 Site Map Exhibit.A 2. Engineering Report Exhibit B ~^* 3. Parcei Legal Description Exhibit C e The following Exhibits have been submitted to the Planning Office under separate ,~ cover: 4. Owner's Consent Form Exhibit D .~, ' ' S Proof of Ownership ', Exhibit E °" 6. Proof of Legal Access Exhibit F 7. Agreement to Pay Form Exhibit G a.. 8, Pre-Application Conference Form Exhibit H ""' ,; 9. Adjacent Property Owners Exhibit I !, .. I ~, ~. -..; ', ~., .,~ P., e, I ~, _ ', >~~.,. ~ t /'~ ;w ~"' rJly :~0,1~9~ lii pwall:•Puw lxk Ccntrcimical. Int. SU20 Cuu~"'-Rnutl JSd ( I~nwoo<~^"A"rlntis. Cnlorulo Rt(Ill 1'Irone 9Yti•~d5 79Ra hp~coCrgl)py;cotctl).c•om ~'? Kathy Honea 25120 highway 82 $asalt, Colorado 81622 Job No. 199 578 A- Subject: Evaluation of Geotechnical Conditions for 1041 Review, ]-lonea I'd•operty - near W ingo )unction; Yitkin County, Colorado. r•, _ I .LL w llear Ms. Honcac' .,, ~~`' ..., s ~, As requested by Tirn Whitsitt, we made a site review to evaluate gcotcchnical and _ beologic conditions for a pioposcd residence nn the upper bench of the property. The .r ~. , _ .. ;,,; ~ .work is Geing per('orlncd iii accordance with our agreement for professional services with you dated July 23, 1999. 1'he subsurface conditions will be evaluated by exploratoly borings for the building foundation, slope stability considerations and septic i percolation tests. ,;;,; The Uuilding site is located on a relatively flat terrace about 2U to 25 reel )above the °~ flood plain of the Roaring Fork River. '17ie terrace escagtlncnt is very steep, about ~, (iU% average gra~c and is underlain by river gravel deposits. No signs of massive slope `" instability other than localized raveling were obsclvc(I on the csatrpJncnt. Wt: undcrtland it is desired w encroach the steep escazprncnl wish dtc building if technically ' + feasible. "1'he upper terrace is not impac[cd by potential t7ooding of the Roaring 2'~ork ~'^ River. No other geologic conditions which would ntakc the development infeasible ~~ were identified at the site. ~ ,: ~... Based on our review, the proposed building site should be feasible for consatiction of a ~" ; ..residence. We expect that the building can encroach the steep terrace escazPnlertt - provided the foundation is back and deep enough to not be affected by potential slope ~' raveling. Our exploratoly borings will evaluate the subsurface arld the analys}s will provide recommendations for the steep slope condition. We will forward our results in w the project rcpoz7. _ __ _-.. - ___ Sincerely, lTTsYWOT2TH-PAWT_AK GEOTECHNICAL, TNC. '~: 1 5222 Stcvcn 1,. Pawlak, P.E. . ~ ~~z/9 q ST,P/sd •`r',+~r~'~q~:RL O~GC cc: Tim WhitsiU ~'~.O ~LO~C'~ % n < . :. pq ',a. _ ~ ,n' L l PARCEL C1 li . _ , AZI that part oP Traot 64 situated in Sections 20^and 21, Township 8 South, ~ . Range B6 West of the Sixth Principal Meridian; Pitkin County, Colorado; Zping ~ southwe®terZy of the southwssteriy right of way line of State Highway No. 82 and Northeasterly of the Roaring.F'ork River, described as foZlova: ~' Beginning at a point pn said right of way Sine, being also a point on the '.; Northeasterly bank of said sivor; whence an iron poet with a brass cap set for A.P. .Vo. 2 of Tract 65 in'said Section 21 bears South 62°23~ East i1Ii.55 feat !~±_ to the truo point of beginning; thence North 49 °2230" feat along fhe Northeast®r1y bank of said river; thenco North 46°3940" West 193.66 foot along the Northeasterly bank of said river; ""~ thence North 61°05' West 294.34 feet along the Northeasterly bank of said rivoz; thenoo North 76°49'40° Wost 239.19 foes along the Northeasterly bank of said r~+ river; thence North 34'052' Eas£ 383.39 Peet along s fence nbw conatrvcted and in '' Place to a point on said Highway sight oP way'Zzne; s•, thence South 72°32'20° East 31.23 feet along said tight of way hne; thence South 53°03' East 36.21 feat along said'right`of way lino; ' thence South 44°30' East 616.01 feet along said righ£ of way line; -thence South 27°56' East 111.91 Peet along said right oP way line; !~! thenco South 44°30~ East 96.40 feet along said right of way Zin®; Lhanco Bough 46°01' East 276.42 Pest along said right of way Sine to the point __ of beginning. EXCEPTZl1O FROM PARCEL C DESCRZEED A80VE A parcol of land situated in Tract 64 of Section 20, Township 8 South, Range "' 86 West of tho Sixth Principml Xeridian,'Pitkin County, Colorado, Ees.ng more ~ fully dBSCribod as follows: ,.,, Beginning at a point on the Southwesterly right of way Zine of Colorado State Flzghway No. 82, said point also bring on'a fence Zing in place and being a No. - 15 Reber with a Plastic Cap (LS 9184) set'in concrote whence A.P. No. 1 of said Tract b4 bears North'50°4602" East 2197.97 foot; ?~' thence South 3I°57'00" West I40.00 feat along said fence Zino to a No. 5 Reber ' ;, with a Plastic Cape (LS 9184) set in concrete; I thones South 3I°57'00" Wept 163.9 feet more or Sess along said fence Zine and t^ extension thereof to the conterline of the Roaring Fork River; r thonoe North 55°SZ'00" Weat 109.49 feetalong said cent6rZine; thence North 4I °05'00 East 293.89 feet along the Easterly boundary lino of a parcol of land described in Book 366 at"Page 144 as Reception No. 2I3281 of "" the Pitkin county rsaords; thence South 66°3455° East 63.46 feet to the point of beginning. ~ ALSO EXCI•:PTZNO FROM PARCEL C DESC1iTBED ABOVE: "" ' e. ~ Conti Hued nn nnv* nei.a ,, ,_ _.i uw' `~ ~ KA'PFiER1NE MO(d,ROE H~!NEA ... . '' P.dS. BdX ~$S .., Iisa~fiAt~, ~C91~~ 9ti9~ i9Fk~ 9xZ~3~13 a, August1,1999 Ms. Tamara Pregl, Ptanner ,,,, Pitlein County Community Development i30 5. Galena Street Aspen, Colorado 816 i 1 ..' ~ - ~ enfatiQn 1tE; wner's Consent to Re res .,, Deal Ms. Pregl: ' This correspondence wits confirm for you my consent to the representation of .® Timathy Whitsitt of the law firm ofMcFlynn, Pic~Cett & Whitsitt, I'.C, in all matters reta4ing to the 1041 Hazard Ktwiew and Caretaker Dwelling Approval Yor my property ` located near Wingo Junction in i?itkin County Thank you for your attention to this matker, Si rely, i ~~ r~.~- Katherine Monroe Hones ,_ ,~ - - - - ,oi ir_ i't ^ ~G rn:~ ssghi ~ai:Fi 1'PIN FTCHiETT WHITSITT -..- - -- - -.. ..- - - - ~- - - _ ° 2 -',~ - _ - - 24 August, 1998 Mr. Skip '(7ermilyea Colorado Department of Transportation 4201 East.ArkansAs Denver, Colorado 80202 Dear iV1r. Vermilyea: ~I~IC~c JI~y*.1li11~ AUG 2 6 1998 fight of Way SEry(ces The two parcels depicted under the ownership of Kathy $onea'have not merged under the Pitkin County Land '[7se Code and would therefore be separately developable. Siancerely, John M. .. Piti:in County Attorney JME/1cm VJnnlecworwedarLono.l h Administration 53D E. Matn, Suite 301 Aspen, CO 81611 (97D) 920.5200 ~ FAX 920-5195 PAPkTi County Commfssloners Suite 301 530 E.Maln Street Aspen, CO 81611 (970) 920.5150 County Attorney Suite 302 530 E. Main Street Aspen, CO 81611 (970) 920.51.90 Finance and Use lax ' 530 E. Main, Suhe 201 ' Aspen, CO S1 fi1 f '. (970) 920-5220 I FAX 920.5230 S"^ yr /-,YtiPi, INC. 620 E. HOPKINS • ASPEN, COLORADO 61671 (970) 9253577 • FAI(: (970) 925.1364 ~~' JUIy 10, 1999...... ~.., McFlynn, Pickett & Whisitt, P.C. 580 Main Street; Suite 210 . , Carbondale, C0 81623... ,,.,~ • Attn:'Tim Whisitt ,,, The property owners across Highway No. 82 from Parcel C of the Katharine Monroe Honea are: n Mountain West Trees Inc. P.O. 'Box 568 Snowmass, CO 81654 ' n F Robert T. Morrow . , .240 Mary St ~•+ Hackensack, NJ 07601 Rex panvin ®arta and Myrna Joy Barta *~ P.O. Box 453 n _ Ba I, satt, CO 81621 " ` If I can be of further assistance, please do not hesitate to call .~ :, ~., ,: Also per your request, the chain. of title from 1972 is as follows: r"" 1. Warranty Deed from Sherman C. Banta and Helen E. Barta to Rupurfi G, ~ ~ Harris and DorothyO. Hams, dated June 15, 1965,recorded July 2, 1965 in :, Book 213 at Page. 524 as Reception No 1.21093.. 2. Warranty Deed from Rupurt G. Hams and Dorothy 0. Harris to Katharine` I' Monroe Honea, dated October, 1973, recorded October 25; 1973 in l3ook 280 at r^ Page 798 as Reception No. 163102. k '. r^ If you have any questions, or l can be of further assistance, please do not . hesitate to call ~, , Cord' r.,_ n D .~ Rlrrraty EACIi AND EVERY RIGHT OR RIGHTS OF ACCESS OF Ti-iE GRANTOR to and from an of the right of way of Colorado State Highway.No. 82, a Highway established according to the laws. of tl e ""~ State of Colorado, and fmm and to any part of the property of the Grantor located in Tract 64, Sections 20 ' and 21, Township 8 South, Range 86 West, of the Sixth Principe[ Meridian, in'Pitkin County; Colorado, abutting upon said Highway, along or across the access line or tines described as follows: t,. ~~ 08.1-0 9 1TSf1'4 ~ Southwesterly ~ (I'rojectNo.) (ParcelNo.) r, (Location of Line) Commencing at AP-2 of Tract 65 in said Section 21; Thence Notch 61 ° 18' SS" West, a distance of i 111.52 feet to the TRUE ppIT1T OF BEGTIKD1IIkG, said point being on the southwesccrly right of way ~„ Itne of State Highway 82, said point also being the most southerly comer of a patuel of land described in ' v'aciattty deed recorded in Book 280 at Pago 798, on October 25, 1973, in the records of said county, said ` - point also being a point of curvature.not tangentto this course, ~ 1. Thence along said southwesterly lino, along the are of a curve to the ri ltt hav" t g tng a radius • •. of 5830.00 feet, (a chord bearing of North 44° 3T 30" West, a distance. of 278.80 feet ), a central angle of 02° 44' 25 ; an arc length of278.83 feet; °-e :. i 2. Thence North 43° 38' 38" West, continuing along said southwesterly line and non-tangent to the previous curve a distance of 93.97 feet; 3. Thence North 16° 35' 43" West, continuing along said southwesterly line, a distance of I' 112.42 feet; ~ 4. Thence North 43°18' 42" West, continuing along said southwesterly line, a distance of 226.98 feet; ~ 5• Thence North G9° OS' 04" West a distance of 57.50 feet; G• Thence Norih 43° 1$' 42" Westa distance of 146.92 feet to the center of a 24 foot opening II r which is being excepted from this access limitation; ¢: :; 1_ 7• Thence continuing North 43° 18' 42" West a distance of 196.77 feet to a point [zing on the to southerly right of way line of the Southern Pacific Transportation Company as conveyed by decd recorded in Book 736, at Page 850, on December 27, 1993, in records of said county, said point also being a point of curvature not tangent to this course; R ii t wC~nw> :: ~~>n.~>„ Page 1 p., t t^*^ P„ ~, M-,. _..._... .. .. .... vv~ ~~.. -uasm WO-tltl-99 .... ..b9 4 _.: P. 03 i . ~ i 8. Thence along said southerly line along the arc of a curve to the leR having a radius of ....666.78 feet, (a chord bearing ofNorth 65° OS 30" West, a distance of 47.21 feet j a central ~ angle of 04° 03'.27", an arc length of 47.22 feet to the westerly line of said paroet of land and the Point ofTcrntinus of this description. BASIS OP BEARINGS: North 88° 29' ] 3" West along the G.L.O. Tract line bdween AP-8 and AP-7 ofTtact 56, Township 8 South, Range 86 West, Sixth Principal Meridian. Both comets being 2'/~" G.L.O. brass caps on 1"pipes. ~, .Excepting from this grant, the right of the Grantor to have the following point of access at the ' location set forth hereinafter, to be 1'tmifed in use by the Grantor to the width and location hereinafter designated according to centerline stationing of the Grantee's project nymber. ;^" I t . ~. F S~g3I3 tJ);NTFR OF AC~,FRS OPFNiNG f7PP0 I 24A Right Station 1293+75 j ,,`rr~monn,rr, ? : .~QQPpO RFGisT ~,,~ PRREPARED BY: ~. ~~ F9 ,,,,,, ald E. Ilk, PLS 24313 = ~~ . '?P F ~ , a 1vIK Centennial ?¢4717.3 4) ~ _ - P.O. llrawer 1307 = G] L .Arvada, CO 80001 ; ' ®.,, ,~ , p F:. i Pi^+ •C~n wr 1W, ]]. 1091 PagC ~. r., i ! i ' ASg'~~I/~~'T~'Il`3 ~ I ;, ' ~~DM1~i~N~'~~ DE"VE~C3~~iVT L1jtJP'AFP '~~ENT "" ®tfr awe y ~ ~ I IPITKIN COLTIT~'' jhereinafrer COUNTY) and Katherine i~ionrae xonea ~: ~ ~ ,_ ~°' --- jhereinafter A.I'P~.ICANT) AGREE AS F~7T.Y.C3W5: j '--- ~ ~~ A,, 1. AF1~I;ICA,'~IT l7as submitted to C~7L"NTY an appiicatioa~ far ' ' _._.~ C141 'Fla~ard eview Conceptual Submissign and Caretaker D~xelling ' ~ i ~' (hereinafter, 'I`Y-IE ~I20,3'~CT). a a ' ,,.., 2, APFi~ICA1VT' understands and agrees that Pitkin County Resalution No. 98-7 ;establis es a fee structure far Planning applications and tote a ment of . PY ' gall Processing fe~s is a condition precederxt to a determination iof application ' '. "" ;com lateness. i I ~. ' 3. APPLICANT and COLJI~~Y' agree that because of the~size, nature or ;:scope of the proposed project, it is not possible at this time to ascertain the full ~ COUNTY furthez agree olved in processing the application. APPLICAN'T' and ~ extent of the cos snvmat it is in tha interest. of the parties to all APPLICANT to ', ;ttaake payment of ,fare inztiat deposit and to thereafter permit additional costs to be j ;billed ta; A,PPLZ~ANT "an a zzaslnthly basis. AppLYCA~"I'° aa~-ryes ha will be benefited. by rata~iung greater Dash liquidity and wi11 make additional payments upan notification by, the COZJN~Y when they are necessary as casts are incurred. j ;COUNTY agrees 't will be benefited tlsough the greater certainty o~'recovering "its ;full costs to proce~s APPLICANT''s application. ' ~ ' ~ ~ "~ ~ ~ a 4. CpU1~TY end sAPPLICANT further agree that it is i ractieable for ~ CDUNT~' staff tq complete processing ar present sufficient inf anon to the Planning Comrni~sion andtor Board. of County Commissioners ~ta enable the ' :Planning Caxnmis~ion and/or $oard of County Cornmissionars tq make legally ; ^- required findings ~'or project approval, unless aurrerx biiIira,gs are p~id in full prior to decision. i ,~ ~ ~ i. , ~- ~ ~ ~. , - ., _ _ ___ ---- I ----q ----- ~ PICKET7 bJHITgITr------------'- _---- _= ---- RUG 11 9_- Lo'SSRM M~FLYMN P '1~-~ _ "'" 5. 1"herdf'orf'°~` APFI,ICANT agrees that i~ consideuation of the ~Cpi:.TNv'Ti"s watvea of its right t© collect fitll fees prime to a de~erminatfon. of ~- 'application completeness, APPLICANT. shall pay an initial depasit~ in the amouzxt' of $which is for hours .of Planning staff time, iand if actual'. ~ recorded costs e:~ceed the initial deposit; APPLICANT shall day additional ,monthly. billings to COLTi'IY to reimburse the CQUNTX £ar the pr~icesssng of the', ;application mentioned above, including past approval review. Such periodic''., ~^^ payments shall be;made wvithirs 30 days o£the bitting date. APPL.ICAN'Z' further' r ;agrees that failurq to pay such accrued costs shall be groa~nds ford suspension of 'processing. j ~°• "; i i 'PITKIN COUN'.i~'. AFY'LICAN'f '' j `' V.a+hcar ~r311t ~ I~ieilt ~iTOCtUA` Date: Q~.~.~ Ntailing Address: c/a Timothy E. Wh McF ynn, is et 58D Main St., Sui n ~ ,,.'h,.,., a _ , ~ .. _ , _ itt xg'^i t' 210 P',.C. 1 ~I I l .~ i ~; ~~ ~ ~ i ~: i PITKIN COUNTY ~"" - PRE-APPLICATION CUNFEIiENCE SU1~7AIfY ~ ~ !, i ~ i DATE: March 2; 7 999 I~I PROJECTh llonea l0i 1 Hazard Review and Conceptual Submission i ~ P P nY• P P nY J g g Y The mI®N ~s ocatr~jl in anlarea knowan as Wtn Junction. ~PID#2467-212-00- 04.I ~uelson Subdivision. ~ ' 1*, . REPRESENTATTV3E; Tim Whitsett PAOIVE: 963-6666 FAX: 963-6667 • PLANNER: Tamara P~-egl PHONE: 920-5103 _i I. Type of Appli atiom: ] 041 Hazard Review and Conceptual Submission 0. • ' ~ 2. Description of Project7Development: The Applicant is requesting 1041 Hazard Review approval to G"•' establish a boil ing envelope for the construction of a single family residence. i F 3.. Areas in whic the Applicant has been requested to respond, types of repdrts requested: &": I I ,~„ Land Ilse Codle Sections to be addressed in letter of request (application)•I Section 3-80-040, FloodpIam Hazazd I Section 3-80-0 ~0, Wildfue Hazard Areas (Low) 1 ~ : ~ Section 3-110,~provements and Services ~ ' ' i i ~~ :i ~.. Section 4-50, Procedure j Section 5-70, Submission Contents ~ i ~„ 4. Staff will referlthe application to the following agencies: ` ` a. County A mey b. Zoning c. Colorado 3I to Forest Service d. County Engineer ~ e. CDOT ~ ~ ~ : f. Environme~ttal Health Departrnent ~" ' ~ g. Floodplain dministrntor i h. )3asait Rur~l and Fire Departrnent i I i r^ 5. Review_by: Flearing Officer .. I I b. Pabtic klearin ~ ?Yes, at Bearing Officer. A publio notice sign shalk~be poste on the property at least ~+ ~ : t 5 days prior t, the heating pursuant to Section 4-90 of the Land Use Code. I ~ i . .~ . .: n '• I- i m+ ., I ~~ `. Honea " ' March 2, 1999 . , Page 2 :. ~ ~ ~- i it ;I a. **"I'he Applic~~nt shall mail notices to all adjacent property owners at feast 30I3ays prior w the hearing with the return address.of the Community DevelopmentDepartment {a copy c~f notice shall be .... obtained from a Community Development Department). The names and addresses shall be those on the current tax records,of Pitkin County as they appeared no more than 60 dais prior to the date of the public hearing The Applicant shall submit a copy ofthe adjacent property ovYners with the complete ' applications. ,.. ( ,. , 7. What fee ivas ithe appIficant requested to submit: j i !*"~ Planning Offic (deposit). $1,110 {additional hrs are billed at a rate of $ I SS/hr) ( - Referral Fees quired: County Engineer $160 ~+ Environmental Health $160 s Total Deposit: ~ $ ] 430 > ~ ~ Note:. Colorad~ State forest Service has a separate fee. (970) 248-7325. ` ' 8. Application feE ~ applications. ~: 9. ` Nuanber of co ~' 10. For a complel a. Summary 1 ~" (under #3). b. Consent fr~ c. 'Parcel desc ~"` d. Proof of of e- Proof of g f. 2R>, X 36" €'"~ ' and yicinif • g. Copy of thi ... NOTE: 'Thispreapplicarion cot,, ` ' ;provided in this summa; ~ represen[atiUns of the a, • appdication. .... i e!.+ .... ~ '. i 4'^ en i and the `Agreement To Pay' form (2 copies) shall be submitted iwith the complete ies of the application and maps to be submitted:. 10 i application, please include the following in each packet: tter explaining the request and addressing alI land Use Code standards listed above n owner(s) to process application and authorizing the representritive (if applicable). iption, including legal description. i nership (from a title company or attorney licensed in the State of Colorado). rceJ creation (non-merger) and proof that the parcel has a devefgpment right. ite Plan showing topography (2' contour) and delineating the building envelope, access, map. pre-app form. j I renee summary is advisory in nature and not binding vn the County. The information is-based on current zoning standards and staj9"s interpretotiorrs based upon diccmC. ~ldditivnal infornration may be required upon complete review ofthe i ,i~ ~. 1 ' nw. o. i.~oo •+•iiri D1LWHiCt i11Lt Hbrt1Y .... _...... N0.458 P.2/13', .;.~ ,.. ~- ~ ST~E`SV.~12T'`'.)L`ITLE ~ . ornsrz+av,xxc. ,,,,, '. B20 E. HOPWNS • ASPEN, COLORADO BiB11 (B70) 925.3671 • FAX: (B70) 925.1384. .. July 9,1999 ~~ _ i ~••~+ McFlynn, Pickett & Whisitt, P.C. 580 Main Street, Suite 210 Carbondai®, CO 81623 a~- Attn: Tim Whisitt ' ~, '•.. ' -- As per your request, the following are the names and addresses of the adjacent propeity owners for Parcel C (description attached) owned by Katharine Monroe ' Honea. i ~„ r Katharine Monroe Honea P.O. Box 288 r'_ Basalt, CO 81621 Robert T. Morrow r•- 240 Mary St "' 'Hackensack, NJ 07601 ^~° Stan®henge, Star Properties C/O Deloitte & Touche LLP ' :: P.O. box 771 _ Abilene, TX 79604 e Colorado Department of Transportation ~^ 4201 'E. Arkansas Ayenu®, Room 291 Denver, CO 80222 !"'1 Bureau of Land Management 50629US Highway 6 ~ 24 I' Glenwood. Springs, CO 81601 ' ~~ ~' Roaring Fork Railroad Holding Authority II 0766' Highway 133. ' n~ Carbcndal®, CO 81623 ,. ~. _ .. I .. ~ Smtrtiry of Cbnmod t,„ STEW'~T 'JC][7f`LE ~ OF ASPEN'; TNC. ' 820 E. HOPKINS • ASPEN, COLORADO 81611 (970) 9253577 • FAX: (970j 925.7384 - ~~ i ~,,, July 10, 1999 ~~ ~„ McFlynn, Pickett & Whisitt, P.C. • 580 Main Street, Suite 210 ' Carbondale, CO 81623 ' ~., ~ Attn: Tim Whisitt I i r ~. ~ The property owners across Highway No. 82 from Parcel C of the Katharine Monroe Nonea are: ' c: _ _ ~ A Mountain West Trees Ina , P.0. Box 568 ~ Snowmass, CO 81654 F' Robert T. Morrow i • 240 Mary St ~,. Hackensack, NJ 07601 ' Rex Darwin Barta and Myrna Joy Barta I' P.O. Box 453 Basalt, CO 81621 ~ If I can be of further assistance, please do not hesitate to call t' . i Cordially, ~ ~ i ~,,, .. ' F.. Chuck Dom Title Examiner r* _I r~? ,., I ~. `~ PUBLIC NOTICE RE: HONEA 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION& CARETAKER DWELLING UNIT NOTICE IS HEREBY. GIVEN that a public hearing will be held on Wednesday, October 27, 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 Katherine Honea, requesting 1041 Hazard Approval to establish a building envelope for construction of a single family residence and a caretaker Dwelling Unit. The property is located between State Highway 82 and the Roaring Fork River in the vicinity of Wingo Junction and is described as all that part. of Tract 64 situated. in Sections 20 and 21, Township 8 South, Range 86 West of the 6~' P.M., lying southwesterly of the southwesterly right of way line of State Highway 82 and northwesterly of the Roaring Fork River. 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 Tamara Pregl (970) 920-5103. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times on September 25, 1999 Pitkin County Account 002.02 ', i He~P~ Post-it® Fax Note 7671 Date payges~ '~ To - y~1 ~ '~ ~ ~~ ~ `ISM From ', Co./Dept. Co. Phone# q 3 _ ~~f 10 Phone# 0 _S~O.q Fax # ~ R Fax # September WHEREAS' h PI-f 'DI tt d AP Th ..t-h IA PUBLIC NOTICE RE: 426 N. 2nd HISTORIC hANDMARK DESIGNA- TION NOTICE IS HEREBY CNEN that a publk hearing w11I beheld on October 12, 1999 at a meeting. to begin at 5:00 P.M. before the Aspen City Council, Council Chambers, Clty Hall 130 South Galena. Aspen, to consider an application submitted by Joan and Karl Zeisler requesting approval for Nlstodc Landmark 7)esignatlon of the property located at 426 N: 2nd Street, Units A & B, Second and Smuggler Condominiums, Brock 48, City and Townsite of Aspen. For fur- ther information contact Amy Guthrie at the Aspen /Pitkin Community Development Department, 130 South Galena St., Aspen, CO (970) 9205096. , Am 4tci PUBLIC NOTICE RE:Ti'oC7Ei~`I:o41:"'1GCZARb`°RI:YIFKO;;t cePly- AL 5U8 Oh1-ffi CARETAKER' I1NR NOTI6ET HEREBY'0"aEa~1r"bY(c~a"Ffng will be held on"`Wednesday; October 27, i999at a regular meeting to begin at 3100 PM beforeThe Board of County Commissioners, Plaza One Conference Room, 530 E. Main St., AspenTO ton- -eider an appilcatioo submitted by Katherine Hones, requesting `7041 HazaM Approval to establish a building envelope for construction of a single family residence" and a caretaker Dwe111ng Unit: The property Is located between State HlgM1way 82 and the Roaring Fork River in the vicinity of Wingo Junction and H described as all that part of Tratt 64 situated In Sections 20 d21 T hi SS tfi Rane86 Westof the t e anti ng re or recommen - ed approval of amendments [o Sections 26.470, 26.710.320, 26.104.100, and 26.515036 bf the land use code of the Aspen Municipal Code as described herein; and, WHEREAS, the Planning and Zoning Commission opened the public hearing-to con- sider ttie existing antl proposed Lodge Preservation Program on June 8, 1999; antl com Untied the hearing to July 20, 1999, and then to August 24,7999; took antl considered putillc Yes timorry and the recommendation of the Planning Director and recommended, by a six tozero (6- 0) vote. City Counml adopt the proposed Lodge Preservatton Program amendments to the land use code by amending the text of sections 26.470, 26.710.320, 26.104.100, and 26 515.030 of yg .aspen. co.us s/Racfiel Richards, Mayor an owns p ou g 6th P.M., lying southwesterly of the southwr t- " the land use cod as described he Aspen City Council arty right of waY Ilne of State Highway 82 aJd Published in The Aspen Times September 25, northwesterly of the RoaNng Fork River, The WHEREAS, Cily 1999. (50075) application/resolution are available for public ,erect the recom inspection in the Community Development Development DL PUBLIC NOTICE Department, Cily Hall, 130 S. Galatia St, Aspen Commission, and NOTICE. I3 HEREBY CNEN TO THE GENERAL CO 81611. For lurther Information contact duly noticed pool PUBLC: . Tamara Pregl (970) 9205103: - WHEREAS, the C On September OR,1999, the Boats of County Jeanette Jones, amendments to Commissioners of Pitkin County, Colorado, - DeputyCounty Clerk 26.104.100, and 21 adopted Resolution 99-154 granting approval to Boats of County Commissioners - of the Aspen Muh' in and commonl the Zurcher 1041 hazaM review, conceptual sub- Published in The Aspen Times on September 25, ' - . P eservatbn Pn mission and rural/remote special review. The 1999. (50067) r applicable standz sub{act property is located near the Intersection 'PUBLIC NOTICE consistent with C of Hurricane and Richmond Hills Roads, Exhibit ~' CITY OF ASPEN IAND USE CODP- TEXT . Aspen Area Comn attached. This a roust of a site s Ilic deve4 PP Psc AMENDMENT:. LODGE PRESERVATION PRO- WHF,REAS; the opment plan includes- a vested property right CRAM OMinance further pursuant to TItIe 24, Article 68. CRS. NOTICE IS HEREBY GIVEN that a public hearing motion of public I Exhibit A (RESOLUTION 99-154) will be heldon Tuesday. October i2, 7999 era NOW,` THEFtEFOF ' meeting tobegin at 5:00 p.m. before lM1e Aspen ' CITY COUNCII:O OMer Number: 00026174 Cily Council, Council Chambers, City Hali; 130 S: ORADO; THAT: LECAC DESCRIPTION, Galena SL, Aspen, to consider en application Secilon l: ARAPAHOE 634.1 BEN HUR 7697 ~ submitted by the City of Aspen Community Sectlun 26.470.07 ALICE 8.6344 LIILE EDITH 7697 ' ' ~ Development Department requesting revisions- authorlies; `and PORT WINE 6344 ALABAMA 7697 - to Section 26.470 the Crowth Management -exempting certab NEWPORT 6344 DIAVOhA 7697 - Quota System, section 26.710:320"tfie Lodge Lodge Preservatk BRIDGEPORT 6344 DORA THORN7697 PreservaCion Overlay ZoneDistrictSection Irom the competil SOUTHPORT 6344 LOGUS 7697 26.104. IOOthe "Lodge" deONtlon, and Section the Growth Manaj ' SWAMP ANGEL 6344 26515.030tAe Offstreet Par!<ing Regulations of is hereby amende NF-LLIE BURNS 6.944 the Munidpai Code related to the Lodge guage in said sect CARBONDALE LOU 6344 DARWNC SS1IA Preservation Program. For further GformaUOn. M. Lodge Preserv IUA 63AA BALD EAGhE 5811A contact Chris Bandon at the Aspen/Pitkin ` Developmenq or T080GGAN 6344 AMERICAN EAGLE $RI IA- Community Development Department. 130 $. lion, of propertk CABBIE 6344 GOLDEN EAGLE $Sl1A Caiena SL, Aspen, CO (970) 9205077, (LP) Overlay to i DOLLIE 6344 SPREAD EAGLE SBt1A chrisb.4kl.azpen.co.us. bar of lodge tint KITTY 6344 s/Rachel RichaMs, Mayor housing units, or MINNIF 6344 - - Aspen Cfty Council merclal squareh -- HAYMARKET 6344 PublisheA In The Aspen Times Seplembm 25, between said use 1999. (50073) growth managem 3/4 MILLIONAIRE 7011 NEMO 6697 \, PUBLIC NOTICE - 'procedures, pro, Zoning Commis 3/4 MINE LAMONT 70li DENVER CITY 6697, % NOTICE OF PUBLIC' HEARING BEFORE THE hearing, that [he I 3/4 MINT 701 I EUREKA 6697. I \ PITKIN COUNTY BOARD OF ADJUS7MCNT (1) The propose TO ALL PROPERTY OWNERS AFFECTED BV THE i[h [fie Aspen A: WYANDO'ITE 5966 CONDOR 6230 REQUESTED ZONING VARIANCE ~ (2) The propose SILVER STAR 59G6 EYRY 6230 DESCRIBED BELOW: with the characrt SILVER KING 5966 FANNY "V" 6230 Pursuant to Pitkin County Zoning Resolution of surrounding area SILVER QUEEN 5966 -PTARMIGAN 6230 June 5, 1955, as amended, a Public Hearing will Lodge Preservatie SILVER WF.DCE 5966 ORAY'EACLE 6230 ' be held to consider an applicaton filed with the ~) Employee hou SILVER DOLLAR 5966 said Boats of Adjustment requesting authority - °vided to mitigate -~ for variance from the provisions of the County crated by the dev SUPERIOR 5922 LONE STAR #l 5992. zoning Resolution AB persons affeMed by the proposedbariance demolition of mu PINK SPAR 5922 LONE STAR #2 5992 are inWted -to a pPear'and state their views by section 26.530, ARCADbi 5922 LONE STAR#35992 ~ , Protests, or objettrons. If you cannot appear and creditfor exi: JAY EYE SEE 5922 LONE. STAR #4 5992 Personally at such meeting, then you are urged the incremental SIDE LINE 5922 CARBONATE NO.2 5992 ro state your views b lette parecular y if you development and -0ATTI 5922 CARBONATE NO. 2 5992 q F p recommendation may be varied pursuant to section 26.445, Planned Unit Development E26.2A.320 Section 7: ' Secoon 2G.104.100, which section de0nes terms used in the Land Use Code, is hereby amended to read as. Lodge, Same as hotel, except that lodge rooms In a lodge may-have a kitchen in the Lodge Preservation Overlay (LP) Zone District, and may tie leased on along term basis up to'slx months of any yeas' Section e: - Section 26515.030, which section defines antl regulates the amount; chamtterisrics oL and process for varying, the number M required olf- s[reet parking spaces; Is hereby amended to Mad as follows : The off-street parking spaces established below shall be provided for each use in the zone dis tricC Whenever the olfstreet parking is subject [o establishment by adoption ofa Planned Unit Development Final Development Plain that review shall be pursuant to Section 26.445, Planned UNt Deyelopment Whenever thcpark- Inq requbement (s subject to spe<lal review or may be proJidedvla a payment ^r ilea; Mat review shall be pursuant to the procedures set forth at Chapter 26.430 and :i+e atanAards set e of the: Aspen Municipal Code - rein Council reviewed and consid- mendations of the Community - rector, the Planning and 2onfng members of he public during a urpose. a purpose o t e .o ge Preservatton (LP) Overlay rune district Is to pro- vide fur and protect small lodge uses on pMper- t(es h(stodcally used !or lodge accommoda- tions, to permit redevelopment of these proper- ties M accommodate lodge and affordable boos inguses, to provide uses accessory and normal- ly assodated with lodge and affordable hdnsing development, to entourage development which is compatible with the. neighborhootl and respective of the manner in which the properly has hlstoricaliy operated, and to provide an incentive for upgrading existinglodges orvsite or onto adjacent properties. B. Permitted uses. The following uses are per- mitted as of right In the LPOverlay zone distritt. 1. Lodge; J Code, as tlescrlDeO here- t detract to az the "Lodge i n," meet or exceed all c and that [he approval 'is oats and elements of the r y Plan; and, 't Counml finds that this d is necessary for the pro- 1 h, salary, and wellare. - e E R ORDAINED BY THE ? 1E CITY OF ASPEN; 004 4 i a fiousing fur employees of the use facilities intended for guests of Ige units, boarding house or donni- ~re commonry found Id association'; - ~, ~, ]999 • The Aspen TiJnes 150 aplkadon, and recommended aDProval .oF mrk designation; antl :REAS, the Aspen Histnrk Preservation nksion reviewed and recommended rval of landmark designation by a vote of S ieptember 8, 1999; and TREAS. theASpen Planning and Zoning for in oroer. for HPC t0 rant Tance: The structun econdar'v structure .. :a xiai, or political history of Aspemthe Colorado, or the United Stales. hitectural Importance.-The structure or cts an architectural style that is unique. or of traditional Aspen character, or [he e or site embodies the distinguishing eristice of a signtficant or unique archi- type (based on budding form or use), or buildings and uses. C. Designee Thes Ilted uses of the underlying zone of an architect or ' wont has in0uencet J Uses. The following uses are per- D. Neighborhood LP Overlay zone distrkt subject to site Is a significant s and procedures established in ` significant neighbo. 1 of this Code. of the structure or s Iiousing; tena4ite of that neip ~' E. Community Ch. ig; is critical to thepre Ulowed az conddional uses in the the Aspen commas me district shipln terms of six al requirements. The'dimensional similarity to other; 's Yor all uses in the Lodge' cal or architettbral rreplacing, In total, the tan- of surrounding zonedtstricCs, the dimensional with the following text: requirements bl [he underlying zone district n Program ` ievelopment after demoli- toned Lodge Preservation ascot decrease the num- [he bomber of affordable amount of accessory com- ige: or the change m ose hall be exempted from the competition and scoring d tfiat the Planning"and determines at a public roving critena are met:` levelopment is'consistent Community Plan.' ' evdppmen[ is' dompatlple d existing land uses in the d with the purpose of the LPf Overlay Zone District. or cash-in-heu will Ee pro- additional employees gen- >ment or to mitigate for ttie amity fiousing; as required Is shall include an analysis g employee generation and wctbetween the existing : proposed development. A n the Aspen/Pitkin County tali be considereC for !his character. because of its relation- and Ilnds that the or exceeds all ds of The above ons: and this EREFORE, BE IT ORDAINED BY THE INCIL OF THE CITY'OF ASPEN, 004 - fHAT:.._ Pursuant to Section 26.420.020 of the Code, the Clty Coundl finds as lollows to the Historic landmark Designation Request: plkant's submission is complete and to affoM review and evaluation. for E OCCIDENTAL 5922 ~CARBONATF.NO 4 5992 I ~ - ' - _8 ~~ Pe y--' -° the o inlond 4f smrroundin ' ro rt bwnera~ standard:-"- "n` ~ (4) Adequate parking spices and p,ibllc fadli- forth at Section 26.575.04t(.be)ow. - Section 9: aealmr t, auove, mac. Aesignate as ad IilsU DRIENTAI: 5922 MATCI LE%5992 NOlil'H END 5992 and others alletted In dedUln whether to rant g g or deny the request mr varlmtce A YARIANCP lies exist will be provided for the devdopmenh Secton 26 SIS 030, which contains a chart Jelin- Second Street, Units , LITTLE STAR 5992 . . .GREATER THAN, OR EFSS THAN THAT' or that adequate miligatlon measures wlil be v n i ing the number of required offstreef parking Smuggler Condominlun Townsite of Aspen withr LACKAWANNA BOY 5992 , REQUESTED COIRD RE GRANTED. pro lded.An existi g dendt of requ red Barking b i i h l 'spaces accoMing tozone district designation, is SMlon S: 11 any sedlol ' - -DATE AND TIME OF MEETING: c - may e ma nta ned t rough redeve opment. (5)There exists suflident GM Sallotments to Q hereby amended py replacing; in total, the tan- guage in the cfiart under Lodge Preservation louse, phraze or rtio~. nv ST. JOSEPH 6098A ST. JOSEPH MILL fi0986 Tuesday, O tober 5, 1999 SAS P.M. LOCATION OF MEEfINGI accommodate the proposed development and (LP) Overlay Zone.Distn<t with [he following - an reason held I alid y any court of competent ROBERTSON 6098A Commiesionen Meetlog Room the allotments are deducted from [he respective Annual Development Allotment and Metro Area ~ text LP Overlay sioniantl such holding s DUFFY 6098A ST JOHN 6098A ~ Pitkio Couoty Courthouse 606 East Main St, Aspen; CO Development Ceilings estabbshed pursuant to 0.7 spaces/bedroom unless otherwise estab- " ty of the remaining port ' Section 4: This DMfm . SELLERS 6098A ~ Webb, Gerold D.: requesting a 742 foot6 incti Section 26.470050.. - Settbn 2: Iished pursuant to Section 26.445, Planned Untt Development' unless otherwise established- existing litigation and ST. FRANCIS 6098A GRACE L 6098A Arterial Highway setback vaNance where 200 leet is required as measured Irom the Highway ~ Section 2G.470.080(6)(3), which secHmi defines , pursuant fo Section 26.445, Planned Unit abatement of any sett pending under or by v . ST JAMFS6098A 82 rightof-way, for approval of a tiullding cove- l hi 955 l h AFR the review procedures for granting development allocations exempt tram the compe[Itiod and Development 4 spaces/1000 square feet tit net leasable area, . repealed ur amended a th h ll MOLLIE S. fi098A ope on t s . acre parce in t -10 zone e district. srnring proceduresof ltie Growth Management 'unless otherwise estabnshed pursuant'to e same s a be cot under such pNor ordina ST GEORGE 6098A - - Property Location: Tract 55, Section 20 Quota System (CMQS), is hereby amended by -- - Section 26.445, Planned Unit Development. Section 5: A otitis he p CANTWELL 6098A . Township R South, Range 86 West, on Highway Including the following language as suGpara- Section /0: - was held on the 12th da 7 SARAH T 6098A $2 in Wingo Junction graph (c) and reallocating the letter designs- Tha[the City Clerk Isdirected, upon the adop p.M.,in the City Council METCyLPE 6098A Blechrom, Steve & © re uestin a het ht y g tY ns of the following subparagraphs according- ti,m of this Ordinance, to record a copy of thi~ , Wni; Aspen Colorado,, 0 Count of Pitkin, State of Colorado - g variance for a retafnin wall which exceeds 30 I OMlnance in the office of the Pitkin Count ~h hearing a public Highlands MINng District Inches in het ht within the g required 301oot rear 3c. Planning and Zoning Commission Review. Clerk and Recorder. pool shed once in a new ' Jeanette Jones,' ' yaM setback and setback variances for tfie " Applications for lodge, affoMable housing, or Sectors ]li latio within the City of " ' Deputy County Clerk front andsideyards Mr regrading wMch will - accessory commercial square footage develop- This Ordinance shall not affect any existing I(tF" INTF40DUCED, READ AN Published in The Aspen Times on September 25. exceed 301nches In helgfit on this 30,250 sgrmre - ment within the Lodge Preservation (LP) Satlon and shall not operate az an abatement of asp vided by law by forth in ', hereby 426 N. " sd and Icy and II not affect any operate as an :roceeding now the ordinances i provided, and , and concluded. :tie same was general drcu-" ' 1999. (50059) toot parcel In the RJO zone distNCt. Property Overlay Zone District shall be forwardedto the any action or proceeding now pending under or ' City';of Aspen on the 27th' day of September„ Location: Lot !8, Block t, Red MOUntain Ranch, Planning and Zoning Commission for review and by virtue of the ordinances repealeA or amend- 19991 ~ ~ 019fi Huntei Creek Road consideration at a publld hearing after the ed asherein provided; and the same shall be - " Rachel Richards,- PUBI-IC NOTICE Huealuk; MichaeL•requestinga 30 foot rearyaM Community Development Director has deter- conducted and condudetl under such prior ` I Mayor NOTICE IS HEREBY CNEN TO THE GENERAL X setback variance where 30 feet is requlMd for mined that the applicaton for exemption is ordinances ATTEST: PUBLIC: On September OR,I999, the Board of this two acre parcel in the AFR-10 zone district complete and has made a recommenda[lon for Section 12: / Kathryn S. Koch, City Clerk County Commissioners of Pitkin County, C l d tl d R l 99 for the consguctig n of rot and deck addi ti on~ approval, a p- a h ! 11 an sec n, subsection sentence, daus ~ hrasgnr rl o thi OMi e is f Pub1i shed In The Aspen Times Septem. 050080) ~'~ o ora o, a o fe eso ution - p . 155 gr n~ng p e ence. Pro rt res f roust. Notlee of tfie heain y p ~ l a b p o on f s nanc or an y g a roust of an additional live ear vestin ri- pD Locatio 9616 Castle Creek ROad Patton, post ng, a d tre malgng (See Sec n nal (n a" a t e o l t gi - od for Stillwater Ranch Parcel 2. This approval de m Tom; Nicolas: requesting rear and side g. g 26.304.060(E)). The Plaonffi and Zonin co u of c m ete n unsd cho such e e d of a site spedtic .development plan Includes a yard setback variances where IO feet is required' 'Commission shall by' resolatlon approve shall be deem da s parate, d~sbnct an lode. NOTICE OF THE FILING OPA PETITION FOR - vested property right pursuant to Title' 24, for this 3092 square fooCparcel In the MHP-AH , approve with coniiillons, or disapprove the pendent provision and shall not alfnd the valid- - THE INCLUSION OF REAL PROPERTY IN THE Article 68. CRS. none district for the placement of a mobile application: In the event That there are insuffi- sty of the remainin g p°rtlons theretL ' ~ Jeanette Jones, home Property Location: Lot 83, Aspen Village dent allotments availab7e`tb accommodate all gedtlon 13: NITATION DISTRICT Deputy County Clerk MobOe Home Park applications for exempt development a random A public heain on the Ordinance shall be held y The Board of Directors of the Aspen ' Published in The Aspen Times on September 2S, 1999.060060) - Published Irt the Aspen Tlmea on September ' 25 1999 50065 - Arawing shall be held in accordance wltF the on the 12th da of October, 1999 at 5:00 in the .City Council Chambers Aspen City Hall Aspen Consiolidated Sanitation Disrict hereby ~ gives notige that on September 7th 1999 the followin . , . ( ) standards of Section 26 470.080 q e..W__o: ~ (8)O , , Colorad¢ fifteen (IS) days prior to winch hear- , g petitioner. Jack Cuenthea Trustee Under the Wih PUBLIC NOTICE PUBLIC NOTICE NOTICE IS HEREBY GIVEN TO TfIE CENF.RAL X ORDINANCE N0: $9 PUBLIC: On September 08,1999,-tlie Board of ' (SERIFS OF`1999)" . .County Commissioners of Pitkin County, AN ORDINANCE OF THE. CTTY COF Colorado, adopted Resolution 96156granting CITY OF ASPEN, COLORADO, TO specml review approval of a detached caretaker GROWTH MANAGEMENT QUOTA dwelling unit on Lot i of Aspen Valley Downs - TION 26A70.OT`THE LAND USE Subdivision PUD. Ttiis approval ofasite spedlil THE LODGE PRESERVATION 0' development plan includes a vested property ZONE DISTRICT, SECTION 26.7!( right pursuant to Title 2A, Article 68, CRS. TI1E DEFINITION OF "LODGI ' Jeanette Jones, 26.IOA.100 OF -TFIE LAND USE Deputy County Clerk ' AMEND THE OFFSTRF.ET PARK Publishetl in The Aspen Times on September 25, TIONS, SECTION 26.515.030 `OF TI 1999. (50063) CODE. - WHEREAS, the City Council and PUBLIC NOTICE 'and Zoning Commission of the RE: CHATEAU CHAUMONT CONDOMINIUMS directed Ike Planning Dirac UNIT 7A CHANCE IN USE- 731 E: DURANT AYE, UNIT 7A Community Development Depart iCIL;OPTHB bf to a '@ed, and regulated. the review prose- within for granting development allocafirrns to 'INTRO ~pment within the Lodge Pieservatlon LISHE[ hrerlay ZoneD{stridt the preWOus LP by the m being replaced by this Ordinance 1s 13th A: ' amended by striking, in its entirety: sub Attest: guage: ,. - Lodge Preservatton (LP) Overlay Zone Tourist Accommodations ll Units " :AD, AND' ORDERED PUB- 1 hY law. I of the City of Aspen on this .beg 1999. ' '~ F. Urschell, Jc, tiled and petit(onei - M n~ Directors of the Aspen led'.-;itntion District to indatlein ct r ,party owned by the above i Ich arty is more spedlicalb ', as fo (, :. r[ o[ f:n .SW 1/M1 NW 1/4 0( Section 14 10 South, Range 85 Wes[ of the 6th g Nnrttierly and Westerly of the arty bank of Maroon Creek, County of 'e of Colorado: ' e on theoetition has been set Inr 4;0(. NOTICE IS HEREBY GIVEN that a public hearing pose amendments to the Lodge rreservation Program provisions of the land use codepur- Section 5: SecUOn 26.470050(0)(1), which section defines appear at the time and place stateN above and show cause in writing why the petition should will be held on Tuesday, October 12, 1999, at a meeting to begin at 5 00 p m. beloM the Joint suant to sections 2420R and 26.272, and, WHEREAS, the amendments requested relate the process for determining the Standard Maximum Allotment Pool corresponding to The` , not be granted, 'The Boats of Diredms of said District at the ' Aspen/Pitkin County Crowth Management Commission;: Pitkin County library 120 N. Mill ' to Section 26.A70, 2fi 7!0320, 26.4OA.100, and 26.515.030 of the land use. code of the Aspen. number otailotments avall341e in any givertyear' considering any accumulated de0dt/surplus time and place mentioned above shall proceed. to hear the petition and all written objections Street, to consider an application submitted by Dale Eubank, 498 Rose Lane, Carbondale, CO I 2 Municipal Code; and. WHEREAS, pursuant to Section 26.310, applies- from previous years, is .hereby amended with' the establishment M the accnmalated allotment . thereto. Faiiureof any person in'the existing Oistri;<t to file a written objection shall betaken R 6 3, is requesting approval for a cfia,ige in use Irom ofbce [o residential use. The property is' I lions to amend [he text of Title 26 of the MUmopal Codeshall be reviewed and recom- , surylus, denoted as (actor "A" in the equation' provided In'setd section; as 27 oohs (orthe as an assent as his part to the Inclusion of the' area Idescribed in the notice The B ats oQ ' qcated az 711 E Durant Ave and Is described as Chateau Chaumont Onlt 7A, Block 113, df the mended tar approval, approve! with conditllma,' or denlaf by the Plauning Director and then by growth management year beginning June ] of 1999 . o Oirector3 shall dstermlee II abch annexatiaq ^r City and Townsite of Aspen. For furtfier lnlorma- the Planning and 7.oning Commission at a public . . Section b. " ~ Indn}Inn is feasible and to khe best Interests of Uon, contact Chris Bandon at the As ran Pitkin t / Community Development Department 130 S. ,, hearing. Final action'shail be by City Council . alter reviewing and considering these recom-r: $ecbon 26:710.320, whl<h section defines the the D dusivstricq wtikh action shall be final and con- ~e and no[ subject to review. ~ " Galena St., Aspen,' CO (970) 920.5072, chrlsb46d as en co os: mendationa aud, purpose of and regulates permitted uses, con- ditlonal Osea, and dlmenslannl requirements for By order M the Board of Directors of the Aspen C il . p . . s/Bob Blalch, Chair J A P WHEItEA5, ihe7orm of land ownership known aq "condominium" Is an allpwed lorm of owner- properties within the Lodge preaervanon (LP) Oveda Zone District Is pore Y by amended b onso dated SanltatioR DIB[riOC dated September 1, 1999. - - clnt s m itkin Count P / Y Growth Management Commission ship in all Zone Districts of the Cicy of Aspen; Indudmq the Lodge Preservation O.P) Overla Y y repladag, inlotal, the language In said section ~ - with the following taxi: ~ Mluhaal Kelly Secretory I Aspen Consolidated Sanitation Dlstrlct ~ Published In The Aspen Times September. 25, -l9gg :(50074) Zona District even though the term Ia notpra 826.28.3202628 320 Dodge Preservation (LF') Published m The Aspen Times September 18 ~. 99 4 . posed as allated use In the zone dleldet; and; Overla 7 ane blatrlet: - ~ and 2 , 1 9. (9f:0~ . y . ,.4. I .. 18G The Aspen Times' • SaturdapSnnday, November 1314, 1999 ^ • Rem ~~~f~ ~~ ~rf~ ~~f~ ~T~O~~ PUBLIC NOTICE RE. 1225 & 1227 ALTA NSTA CONDI770NAL U9E REVIEW FOR A ACCESSORY DWELLING UNIT i brassROOyear t ~sioar,d an upHratle M exisHnl amble service to be accomplished no later tha, u y u u ` N ~ February 28, 2000; ~`~'- Ascen Time . ~ s Stall Report Pf0¢ P rty: : W¢St Slde UDIf3 IOC ; OriaodO Fld NOTICE. IS HERF.OY GIVEN that a public hearing will he hNd on TugsdaY, November 30, 1999. ata h i b i 4 30 b f A c. ProWSlon for a flue-year extension In connec bon wnhafuture 550 megahertz upgrade otsys The following Teal estate [fans- Price:. , $875,000 Property: . , . Partial interest in Aspen meet ng to eg n at : D.m. e ore t e spen Planning and Zoning Commission, Sister Cittea ,teen served by the Aspen headend, which woun Include an additional EI5,000 per year capita actions were filed with the Firkin Highlands Vllage PUD, Loi 4; Marione Room, coy Han, 130 s. caleha St, Aspen to conalder an application submitted by I contdbu[lon to GrassRoots for each ol'[he Ilw County Clerk and lZeCOTdeI'S Seller: Buyer Michael & Patricia J8Cpb5 trusts Slade IO; NBW York EIIlOt K PriEe: BIDCk D 000 ~ ' ' $30 , Ben Hall/Casey Clark, Box 4063, Aspen. CO 81 12 i C l l i l ;years of the extension ,.Tl,e Public is Invted to attend the Nearing am Oftlce-fOT the T1t0(f Of $e L. 27 Pe p . . , N.Y. , , request ng ondit ona UseRev ew oran 6 Accessory Dwelling Unit The property is Iota[- i to Inspect the Franchise Agreement, which is ,available for inspection at [he County Clerk': through Oct. 1. Property: East Owl Creek, Lot 3 Seller HIOeS Highlands Limited ed at 1225 & 1227 Alta Vista Drive, and Is I. Once at 530 East Main Streeq Aspen, CO 8161'. ~ Pribe: $10 760 000 Paflh¢rshlp descrlbedasLot 22, West Aspen Subdivision, '", and at the Department of Public Works at 7I $ellel: ~ ChadeS W. Wafer TNSI , , ~ BU er Y Rio-CafIt00 DBVBIO merit Co. P City and Townsite of Aspen: For turthepreinforma- [ion, contact Nick Lelack a[ [he As /PI[kin I Service Center Road PAspen, CO 81611. '. Published in The As en Times on November i Buyer. x?""'?. .Charles f. Bond; Ederi Prairie, Seller: Pines/Snowmass Development Inc:; Orlando, Fla. Community Development Department, 130 S; ~ and t3, 1999. (53578) . Minn Co. LLC Property: Partial interest in Aspen Galena St, Aspen, CO (970)9205095 ' Pro pertY~. . 'Horse Ranch, Lot 78 Buyer: Michael 8 Patricia Jacobs imSIS; CBIabaSaS La Highlands Vllage PUD, Lot 2, _ BIOCk D a/8oli Blaien, cnatr Asian Planning and Zoning Commission i Pusuc Nonce NOTICE IS HEREBY GNEN pursuant [o th, f h f Price: ~ $2.99 mIII100 - . ~ Property: . , Pines, Lot 32, Panel G Price: $333;300 pe Puhl shed In The As n rimes November 13,; 7999 (sbo3o) , uirement of Section 9.6 o the Charter o t ' req I coy of Aspen, that a aropoaed bndgetnaa bee. $eiert Susan E. L¢vR[ PfIDe: $4,975,000 $¢Iler ~ MQrldIaO COUOSCIing Ceotef .PUBLIC NOTICE ~ is submitted to the Clry Council of [he City o ~ce"' Colorado, for the Ilscai year 2000 ant Bu r. YB Pitkin Coua Hom¢ LLC; My ty As en Seller: CAM Development LLC . Corporation RE' 1795 RNERSIDE DRIVE CONDITIONAL USE REVIEW FOR AN. - . that a copy of such budget has been Oled in [h, ~ Ofnce of the City Clerk atCity hall and Finance Properly: p 36-8-87 NE4 Buyer. Janice L.BAfan H. Lipton Buyer. ChadesS SCar01 A.. Alexander, , . ,. ACCESSORY DWEt.L1NG UNIT. ,, p. pepartment at Clty Ha111n Aspen, where same(: Price: No rice mcorded P trusts; Miami, Fla: $COILSdale, Af12. NOTICE IS HEREBY GNEN that a public hearing mb open for public inspection doting regular buss Property: Riverside, Lot 9, Block 1 Property: Crestvrood, UnitY05, Block H will be held on Tuesday Nove er 30, 1999, at a meetng to begin at boo p.m. before the Ascen Hess hours. NOTICE IS FURTHER GNEN that a pubU, '" Seller: 618ck COCkat00 OII CO. PFICe:_ $3,793,000 PriC¢: $220,000 Planning and Zoning Commission, Sister Cities '.,, hearing on the proposed budget, has been se BUyen George MCKeOroW; OUOWOOdy, Meeting Room,'City Hall, 130 S. Galena St., ', for November 22, 1999, after 5:00 p.m. in the Cih Ga Seller. ATC Realty Sixteen Inc. Seller: Forrest L. Smith Aspen, to consider anappncation submnrea by cnpncn Chambers, 130 S. Galena, Aspen ' Pro a p rty: . 12-10-85, Lot 13 Buyer. ~ Owl Creek Ventures lLC;Los Buyer. Dwayne L. & Margaret 7 Bass/cane Properties, ass cibsan, Avenue, Aspen. CO 81611, requesting Conditional Use I, coloraao, - , ALL CITIZENS within the City of Aspe, Price: $2,625;000 Property: Angeles,.Calif. Owl Creek Ranch, Lot 70 Property: Romero; Carbondale Seasons Four, Unit 165, Bldg. S Review (or an Accessory-Dwelling UM[. The property Is located at 1395 Rlversitle Drive, and !, may, prior lo, doting the hearings or at anytim, ', pHOr to the final adoptionbf the budget, have: Seller. Horseback Inc. Price: $12,250,000 ` Price: $342,500 is described as Lot 25, Block 1, City and !, reasonable opportunity to provide written ant Buyer. Roaring River Ranch LLC; Townsite of Aspen. For further information, ton- tact Nick Lelack at the Aspen/Pitkin Oommunity ~ oral crommenis and to ask questions concerniry the entire budget Houston, Texas S¢II¢c Five Tres Holdings LLC Sallee Tay K. Y¢¢ Trust Development Departmenq 130 S. Galena St., . Kathryn S. Koch Property: Aspen Village River Homes, Lot Buyer: RK Land 8 Cattle Co. LLC; Buyec Cynthia R. Shapiro Trust; Edina, Aspen, co(970) szo-suss. ,. ' - city clerl 2 8 Paleel B Aspen Mina a7BOb mat<n, chair PaMianea m The Asven Times November }3 ! Price: 4 million $9 Property: Moore Family PUD, Lot 6, Block Prdperty: Gant, Unit A2O4 Aspen Planning and Zoning Commission 1 ~ 1999. (54021) '` . i - ~ Price: G Smilliom - " $1 PfICe:' $640,000 Published in The Aspen rimes November 3; 1999 (54031) PUBLC NOTICE X RE CCI 1041 HAZARD RENEW CONCEPTUAI Seller. AIIenH.Arlge . . PUBLC NOTICE , Bu r. Ye Harve 0. 8 Nanci C. Gilmore; Y $elar: COmmU0lCatIOnS COOCeptS IhC Seller. BUyBr: Daniel & Amy Hamalak Stacey Baldock; ASpeO PROPOSED 2000 BUDGET SUBMISSION AND SPECW.REVIEW FOR AGCRE CATION OF TDRS ON THE ENOUGH CW1M : Property: $OOWmaSS Little Elk Creek Vllage, Lot 13, ~ Buyer. . Maurice 8 Loraine Nahmad; Property: Villas at Elk Run, Unit 9203. ROARING FORK TRANSIT AGENCY PITKm GoNN'rv, cotoRAOO NOTCE l5 HEREBY GNEN that a public hearini ' wen be bald on DecembeY lS, I9ss at a regula. ' BIOCk 1 Miami, Fla. Price: $190,000 NoHCeSs hereby given that a proposed budget. . meeting td begin at 3:00 PM before the Board o PriDe: $20,000' ~ PfOperty: WOOdNO V TOWOhOUSC, Unit 38 for 2000 bas been submitted to. the RFTA Board of Direc[ors ACOpy of the proposed budget has i County Commissioners, Plaza One Conferenn oom, 5'30 EMain St.. Aspen to consider at ; l;n- $elleC MCGUCkiBFamily Limited _ PriDe: $895,000 - $¢II¢c Buyer: RM Hampt00 Curtis F. PdOI, Frank L. & Mary . been tiled in the Roaring Fork Transit Agency's. Administrative Otlices at 0051 Service Center d I PDlicatlon submitted by Capitol Creel !Investors, requesting approval to aggregab Partnership Seller. 'Hollister D. Houghton L. Romer; Englewooli,Colo. ~~~~N P A az ~c ' th Rurai/Remotelzo a aisirigo[ t ono the con BuyeE Gregory N. Thomas; Boston, - Buyer: David H. 8 Nina Eisenstat; Washington D C Property: Price: Fasching Haus, Unit 1 $735 000 On PUBLIC HEARING h been had- uled for 2.1x1 P.M. on Wednesday, November 17, Fstruction of a single fanny Home or pp co zoo f t Th i l t t E l d Properly: Iy(ggg_ $OpriS Mountain Ranch, Paroel PrOpefty: , . . Park Oaa TOWhOmeS, E3Sl Unit , ' 1999 in the Board of County Commissioners' Mee[ing Ronm 530 East Main, Aspen, Colorado. square ee . e property oca e a noug s ' Claim, Little Annie Basin and is described as th, 33; 34-8-87, Tract 75; and 34- Price: $1.65 million Seller. - Burton Goldber 9 . Citizens are Invited to make written ororal tom- ' I Enough Lode Mln{rig Claim, U.S. Survey Lot No 4663, In Section 1, Township I I South, Range 8: 8-87, Lot 3 ~ Buyer. 639 Hunter Creek LLC; Aspen merits .with' regard to the proDOSed budget ~.~ West of the 6th P.M. The appilcationJresolutlot ' ' Price: ' $650,000 Seller: Todd M. Thomas ~ Pfoperty: R¢d MOdaaiO Ranch, LOl 9, ehher at the public hearing or by contacting Dan Blankenship RFTA General Manager at 9201905 are available for public Vnspection in th, - ~ a BU ¢C Y Property: Mlke i£ LISA 0 $UIIIVaO; AS e0 - P SMB Unit OOA ' Price: BIOCk 4 No price recorded , , Ex[. 204. Final budget adoption will be made by m A a c n D 13 7999 m ,Community Development Department, City Hall ' 130 S. Galena St., Aspen CO 81611. For furthe Seller. Buyer. Rich rd D. Stutsman Bente 8 Sheldon Doolan; Aspen Pride:: , $123;800 e Spe coy oan< nn ber . ece summARV,oF PROPOSED xooo Btmcer ~ mfortnation, contact Lance Clarke at (970) 920 ~ s452. Property: Price: Aspen Vllage, Lot 99 $140 000 Seller. Susan M. Twigg Seller. Buyer: Snowmass Land Co. Eric Frac Jick & Jack CLC; Ooerati"°--s a T'tal Ex"°"ahnre° Mamcenan<e E 594.649 Jeaneetelones Deputy County Clerl , BU eC ' y ' John $. Hdffman III; AS On P WlChla, Kan. Transportation 6,811,354 Adminis[raHOn ISi3,899 Board of County Commissionen iPublished in The Aspen rimes on November l3 Seller. Don D. Pevehouse Property: Benedict Commons, Unif 16 Propetyj: Pines, Lot 51, Parcel G subtotal: a1os19soi 1sss. (54046) ' Buyer. Lori L. 8 Rdnald L Schelling; Plainfi ld Ill Price: $80,300 Price: $1.6 million Tranarers hum Other Funds E109199n V~ PUBLIC NOTICE l~ Property: e , . City of Aspen, Lot G, Block 51 Seller: Susan G. Tan Seller: , ,Ellen J. Meyers T", 1 ~,oP"sue ~ RE. DAVIS CARETAKER DWELLING UNIT NDncE Is t+e:Eav c:veN amt a pnmlc neannl Price: _ - $725,000 . . . .vw+~.: ~zps Buyer: PrOpBriy: Mary A. Meyer Aspen SkaOdla 70Wnh0Ug¢S UnR C Buyer L. Klm R Rtayne M. $cNJh; ~ Bryn A~aWr Pa Capaai Expendirlires r t snnp9n RFTA BOARD OF DIRECTORS ". wen be Held on Deremberl5. Iss9 at a regn:a~ ~ ,neseng to beg)' n'at 300 PMbetore the 8'oa+do . Sellef: .. . ..: ...„ . Alpln¢ Cottages LLC PfICa: , $405,000 ~ Propafty: , . MOUOla10 Valley, LOt 83 Phyids Kenny Secretary to the Board Published in The Aspen Times November 13 County Commissioners. Plaza One Conierenc Room, 530E. Main St; Aspen to consider at Buyer. Larry 8 Nancy Saliterman; ~ Price: $1,565,000 , 1999. (s4o37) aDDU<ation submitted by Kevin C. Davis Minneapolis, Mina Seller. ~ Hines Highlands Limited - P BLI N T E ', regnesung approval to conaeroa a aecacna Property: Price: Alpine Cottages, Lot A No rice feCOfded p BUyec .Partnership RdZ-Cadt00 D¢V¢lo merit CO. P Seller: BU er. Y Charlene A. Gondeck X ZOdIBC Pro erties Llinlt¢d; P IC U C O PLEASE TAKE NOTCE: That the Board of i f Pi ki C C i C caretaker dwelling unit The property Is locate, ', on Running Mare Road and is described az Lo ' Inc.; Ora0d0, Fla. Na$saD; BBhamaS oners o ounty omm ss t n ounty, Colorado, at its regular meeting on August 11, 10, Aspen Valley Downs Subdivision. The appil catioNresolution are available for punltc Inscec Seller: Amber Dusk Property: Aspen Highlands Village PUD, Property: GalenaPlace Townhome; Unit 4 7999, and aner adult'-noticed panic heartdg, I non m aria cnmmnn0y Developmen Buyer. Irene H: Richmond; Aspen 'Lot 8, Block D Price; , $3.38 million: ado°tnrv oaoiriu4cF oed7tie eonRD op couN- ~ Wp816 IQ Fo lorMe 1lntormaHOnancomact C b~ Pfoperty: Price: HUf11Br Creak, UDi[ 236 $277 000 PfIDBf ' $666,700 ~ Seller Thomas A Edgar TY COMMISSIONERS OF PITICIN COUNTY, C04 R DO RE ONING THE PITKIN IRON R1VER" Preston at (970) 9205092. ' , Seller. Hines Highlands Limited . Buyer. . Jiri Pardutia; Aspen A , / O Z RANCH/PUD FROM AFR-10 (AGRICULTURAL/ . Jeanette Jones - , ' Deputy County Clerl Seller: ; Teresa J. Hare Partnership Property: Uctorians at BleekeE Unit E FoResTRYP RESIDENTIAL) ro AHJ/PUD Boanl of County Commissioner BU r. YB ' Christo her Smitll;Snowmasg P Bu ec Y Ritz-Carlton Develo merit Co. P Price: $144,700 (AFFORDABLE HOUSING/ PLANNED UNIT DEVELOPMENT) Notlre orPubllc Hearing publishedmThe Aspen I published in The Aspen Times on November l3 .1999. '. ~~ ~':r,. " rimes on the 17tH day of July; 1999. Copies of ~"' PUBLIC NOTICE ' ~ .the foil text of the Ordinance are available for A copy of the 1998 Annual Report of N~ ` "public InspeMiod tluring regular oPoce hoursln ! Flatirons Foundation is available for Inspectb, .the olOCe of the Cierk and Rernrden 530 E. Main !' at its prindpal offce, 514 East Hyman, Aspen St., Aspen, Colorado SI61 ]. Phone: (970) 920 - - Colorado,81611, during regular business hour. 5100. - { on request made within 180 days after the dab Jeanette Jona.' '~. of this publlcatlon. s Deputy County Clerk !, Robert F. Starodoj, Secretor Published In TTe Aspen rimes on November 13, { Flatirons Fpundatio~ 1ggg. (54050) '. Published in The Aspen Times on October 30 November 6, 13, 1999. (52649) PUBLIC NOTICE X NOTICE IS HEREBY GNEN TO THE GENERAL PUBLIC: OhOctober 27,1999, the Board oY . PUBLIC NOTICE County Commissioners of Pitkin County, ~ NOTICE 15 HEREBY GNEN that the eoard'o Colorado, adopted Resolution 9&182 granting '~ County Commissioners of Pitkin County granting approval of the Hosea 1041 ha?ard Colorado is considering adopting a Fran<hls, ` revlew,eonceptual submission and special Agreementwi[h TC1 Cablevlslon of Norther) reNew(ora careaker dwdlingonit. The subled '. New Jersey d/b/a A.T. & T Cable Services. / "' r property is described as part of Tract 64 situan ; ~'n.+, . Public Hearing has been scheduled for consid , ,. ed in Sedions20and21, Township 8-South; ~;eration of this Franchise Agreement m - Range 86 West of [he Sizth Principal Meridian. ! November 17, 1999 at2:00 P.M., in'the Board a .. This approval of a site specific development i County Commissioners Meeting Room, 530 Eas _• ; ,. plan Includes a vested property tight pursuenF Main Streeq Aspen, CO 81611. The basic term :, to Title 24, Article 6g, CRS. and conditions Include: : Jeanette Jones, I a.~An immediate payment of E150,0110.00 b Deputy County Cierk i CrassRoots Televlsidn; - ' PubUShed in The Aspen rimes on November 13; ~ b. A Rve year term, and. an upgrade of existin 7999. (~'7 cable service to be accomplished nolater that =w" PUBLIC NOTCE 'i February 28, 2000; ' PI-FdSE TAKE NOTICE: Thal the BoaN of County C. ProWalon for a Ilve year exension in connec Commissioners 'of Pitkin County, Colorado, ` [ion wlthafuture 850 megahertz upgrade Msys. ^v ' ' adopted the following Resolution at the Board's B rem served by the Aspen headend, which wool, @;~; ~, " ~ .regular meeting on Wednesday, November 3, .Include an additional EI5,000 par year capita ~ J 7999: _- 'contribution to GrassROOm for each of the Irv ' -~ ' -' "; A RESOLU770N OF THE BOARD OF COUNTY ,,years of the extension; ~ COMMISSIONERS OF PITKIN COUNTY. C04 !The Publid Is invited to attend the Hearing am ORADO, ENDORSING OPEN SPACE AND TRAIIS_, ' ' .,. to Inspect the Fmncnise Agreement, which I ; BOARD RE40E71nON 99-06 RP,GAfmINO'TNE ' available for Inspection at the C my Clerk' CONSTRUCRON OFA MULTI-USETRAILONTtIE ~ OHicg at 530 East Main Street; As n, CO 8161 MOORE PROPERTY "' and at the Department of PubiiC Works at 7 I Cople3 of Me Resolution are available for public , ~ Service Center Road; Aspen, CO 81611. .. Inspection dor7ng, regular business hours in the ' i publshed in the weekend edition o(The Asper Orrice of the Clerk and Recortlea 530 East Main ' ' ', Times on NovembeYl3, 1999. (54044) Street, Aspen, Colorado 81617.Pnope (970) 920 ~. - 5157 Jeanette Jones. '' Deputy County Clerk ~ PUBLIC NOTICE Published In The Aspen Times, Weekend <}--Pursuant to Seetioh 6104 (D)ot the intema Edit{on, on November 13, 1999. (54040) '' Revenue Code, notice Is hereby given that th, ' PUBLICNOTICE ~ -'iannuatreport'tor toe taxable year-ender NOTICE IS HEREBY CYVENItiat the Board 0[ ~ ~ ~ .' December 31, 1998, of flhed and EIII Iselh ~ County Commissioners of Pitkin County, ! Foundatlon,a private foundation, is availablea ' Colorado is considering adopting a Franchise ',. the Fuundallon s pdndpai office for inspectloi Agreement wl[h TCI Cablevision of Northern !during regular business hours at9a.m.lo4 p.m New jersey A/bja A.T. R T. Cable "Services. A ~ by any dtixen who requests it within 780 day . Public Hearing has been scheduled for consid-- after the date of the publlcatlon. ' eratlon of [nib FranchiseAgreement on The toundaHOn's prindpal otflce is locate Novembef 17; 7999 At 2:00 P:M.; in the Boarci of at 7IS West Mzin Street; Suite 201, Aspen, C, County Commissioners Meeting Room, 530 East 01611, 925-02901 Main Street, Aspen, C0 81611. The basic terms r i ~. published In The Aspgn rimes Novembe and cm,ditbns Include: 113, 1999. (54011) a. Anlmmediate payment of $150,000.00 to ,_, ASPEN/PITHIN LvIMUNITY DEVELOPME151'~DEPARNT - 130 S. Galena Street Aspen; Colorado 81611 (970) 920-5040 FAX #'(970) 920-5439 September 3, 1999 Tim Whisitt c/o McFlynn, Pickett & Whitsitt 580 Main St. , #210 Aspen, CO 81611 Re: Honea 1041 Hazard Review & Conceptual Submission & Caretaker Dwelling Unit P# 2467 212-00-004 P124-99 Dear Tim, The Planning Office has completed its preliminary reviewofthe 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 heazing by the Board of County Commissioners, Plaza One Conference Room, 530 E. Main St, Aspen, on Wednesday, October 27, 1999 at a meeting to begin at 3:00 P.M. Should ~ s date be inconvenient for you, please contagct me within 3 working daygs of the dptpe of this letter. After that the enda date will be considered final and char es to the schedule or tablin of the a lication vv~ll onl be allowed for unavoidable technical problems. The Fnday 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. We have forwarded a copy of this application to the Colorado State Forest Service for referral comments. Please contact them directly at (970) 248-7325 to arrange for payment of their fees. Comments will not be released until payment is received. Please note that it is your responsibility to post a public notice sign on each of the properties 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 60 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 Tamaza Pregl, the planner assigned to your case, at 920-5103. Sincerely, Tenley Taylor Administrative Assistant ~..~. ~~ ~~ -; ~"""~ ~. ,_. <~. COMMUNITY DE~EY.UPMENT"DEPARTIVIENT 130 South Galena Street Aspen, Colorado 81611 _ Phone (970) 920-SOgO' `FAX (970) 420-5439' MEMORANDUM TO: Attorney Zoning Engineer Basalt & Rural Fire Protection District Floodplain Administrator CSFS CDOT FROM : Tamara Pregl, Community Development Department RE: Honea 1041 Hazard Review & Conceptual Submission & Caretaker Dwelling Unit P# 2467-212-00-004 P124-99 DATE: September 3, 1999 Attached for your review and comments aze materials for an application by Kathy Honea. This application will be reviewed by the 1'itkin County Board of Commissioners on October 27, 1999. Please return your comments to me no later than October 3,1999. Thank you. ,~ , - , ..: .,~, , ~.. aw ~,. ~ ~ a>` ~j 580 Main BLreeE~ .SuiEe `2Il® Carbom~le, Col®Pado 87L62 s ~imofhy ]E. ~hi4aiEE b,AgZS Pl[arEha C. ][DiokeLt ]Eric J. (aroea ®f Counsel 1t~leo 1~amiLEed in ~assacliuse£Esl January 10, 2000 Tamara Pregl, Planner Ptkin County Community Development 130 South Galena Aspen, Colorado 81611 RE: Kathv Hones 1041 -- Win o Junction Parcel Dear Tamara: As you will recall, at a Public Hearing on October 27, the BOCC approved the 1041 application we filed on behalf of Kathy Hones on her parcel of land near Wingo Junction. Wehave now obtained a draft of the final 1041 Plat which has been amended to oonform to the conditions and requirements of the BOCC approval. Please. review this documenf to insure that it does accurately reflect the elements of that approval and give me a call in order that we can have a mylar produced for execution. 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