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HomeMy WebLinkAboutpitkin.boa.04.09 ~il ll l ll l I ll ilI III I IIII II III RI IiI II I VI III III II II °~ 0a 54P g I O 0 00 RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A WEST SIDE YARD SETBACK VARIANCE FOR TRACT 5, MAROON CREEK RANCH SUBDIVISION Resolution No. 2004-09 WHEREAS, Convisor Uptown Partnership, LLP, owners of Tract 5, Maroon Creek Ranch Subdivision, is requesting a 10 foot west side yard setback variance for the construction of a single ~amily residence; and WHEREAS, 30 feet is the side yard setback required for this 5+ acre parcel in the AFR-10 zone district; and WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been demonstrated. 2. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 10 foot West side yard setback variance be granted for the construction of a single family residence as shown on Exhibits A-C, due to topographic hardships. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Board of Adjushnent of the County of Pitkin, State of Colorado. DATED: August 3, 2004 ATTEST: `J'oanna S. Sahaffrier; ~~' date County Zoning Officer Case K 2004-09 Parcel 1DN 2735-154-01-003 (lnnnr 1 ,~(~~~ ~'z j~4 'lt7 ~. ~-iGfa1 f `~' The Board of Adjustnent of County, C orado - ~ ~O-n~ ' ick Head, date Co-Chairperson r 'CF CC NORTH ELEVATION .q n m m Wo va 0 zo u LL.l Z a Qw N _ Q 0 ~_ ~~ ~/ m N U z= z O a K Y ,^ w K U z 0 0 Z S N H J N. F ~~ W. ~~ _~ v~ ~' ~. ~~ J ~ ~~ _~ Zc ~~ ~~ ~~ W~ Q_ W~ J a 0~ v~ -~ Zn DD WEST ELEVATION ~= ~~; to ~ -}-- 3 000'0 IIII VIII II III III IIII II III IIII II II II II III 8~Q6 02 03 54P SILVIR DRVIS PITKIN COUNTY CO R 0.00 D 0.00 ` III~IIII~IIIIIIII 5D©642 ~~~~~~ ~~~~~ ~~~~~~ ~~~~ ~~~~~~~ ~~~ ~ CO R 0 .00 08 / 10 D2 000003 : 54P ooO ,Of ~~~1i~~~ Minutes of the Pitkin County Board of Adjustment August 3, 2004 Members Present: Rick Head, Co-Chair Jim Rifkin, Co-Chair Mike Cooper Bob Throm Members Absent: Deanna Olsen Taber Sweet, Alternate Staff: Joanna Schaffner, Zoning Officer and Acting Secretary Rifkin opened the meeting at approximately 5:30 p.m. Caseload: Case # 09-2004 Convisor Uptown Partnership, LLP/ Don Nelson Tract 5, Maroon Creek Ranch Subdivision Owner representative, Glenn Horn, and architect, Greg Pickrell, were present to request a 10 foot west side yard setback variance where 30 feet is required on this five acre parcel in the AFR-10 zone district for the construction of a single-family residence. Schaffner presented the case and explained that the plat for this subdivision was recently amended to clean up some issues pertaining to roads/easements and septic matters. The building envelope on Tract 5 was pushed down the hill to avoid steep slopes. Horn stated that many hazards existed on the site (avalanche, debris fall), that prohibit development on the slopes above the ditch. The proposed house is pushed to the west, Horn stated, to better accommodate a fire turn-around. Head asked about early zoning requirements in the area. Horn explained the lawsuit which created the subdivision right before the County's big downzoning. Neighbor, Lee Keating was present but had no objection or comment. There were no objections filed by the public. Throm suggested that this was a case of topographic hardship. Horn agreed and commented that the lot is also unusually narrow. Throm asked how many homes presently exist in the subdivision. Horn responded, five. Throm made a motion to approve the request as submitted due to topographic hardship. Head seconded the motion and all voted in favor. ~10~1Of15 10-2004 Belber, Tim 0408 Snowmass Creek Aoad Owner representative, Glenn Horn was present to request a 20 foot Collector Street setback variance where 50 feet is required from the Snowmass Creek Road right-of-way, and a 70 foot front yard setback variance where 100 feet is required on this 12.69 acre parcel for the construction of a single-family residence. Schaffner described the site's location to the Board. Horn added that the lot sits high above Snowmass Creek Road and continues up Williams Hill. The site is so constrained that the septic system is located on the adjacent parcel. Throm asked how large the proposed house would be. Horn stated that it is proposed to be less than 5,000 square feet. Cooper asked if there will be any public impact. Horn didn't think that you would see much of the house from Snowmass Creek Road. Rifkin asked if there was any objection from the public. Schaffner stated that there was not. Head commented that it appeared to be a topographic hardship. He made a motion to approve the request as submitted based on a topographic hardship. Cooper seconded the motion and all voted in favor. Consent Agenda: Schaffner presented two cases to the Board, both of which received BOA approval in recent months. The first was the Baum berm, located between the river and Highway 82 at the Wingo bridge. The applicant owns the adjacent property downstream and has applied to the Planning Office for a lot line adjustment and a driveway realignment. The applicant wishes to extend the approved berm approximately 60 feet downvalley. Schaffner presented a plan of the revised berm, and asked the BOA if they felt the revision were minor enough to be approved by minutes of this meeting, or if they felt the change was major enough to warrant a new application and public notice. Rifkin felt that the site conditions haven't changed, therefore, the extended berm could be approved based on the same hardship as before. Cooper made a motion to approve the extension of the berm administratively. All were in favor. In the second case, Calsun 1 & 2, LLC, was back to request a minor change to their previously approved retaining wall above Hunter Creek Road just east of the intersection with Red Mountain Road. The plans that were previously approved by the BOA did not pp000b z indicate a 36" fence at the top of the wall. The Code does not require retaining walls have fences. Owner representative, Dave Guthrie, was present and stated that the omission of the fence was just an over-site. It didn't appear on the engineered plans for the wall; however it did appear on the landscape plan. There is currently a fence on the existing wall, and a fence was always intended so the children wouldn't fall off of the wall. He showed the Board pictures of the existing wall. Illustrations of the proposed fence were not available, however, it is proposed as a wrought-iron fence similar to those in the west end. Throm felt that the hardship hasn't changed and the wall probably wouldn't have been denied because of the fence. Rifkin made a motion to approve the fence administratively. The motion was seconded by Throm and approved by all. Minot e.G~ The Board reviewed the minutes from the July 19 meeting. Head made a motion to approve the minutes. Rifkin seconded the motion and all were in favor. Next Month: Since the next regularly scheduled BOA meeting falls on the day after Labor Day, the Board agreed to hold the September meeting (if one is needed) on September 13th. Cooper commented that he preferred Schaffner give an overview of a case before the applicant addresses the BOA. Rifkin agreed it was helpful. Rifkin adjourned the meeting at approximately 6:10 p.m. Respectfully submitted, Approved as submitted Approved ~h noted change(s) . -~, ,, nna Schaffrier, ing Secretary Q- i3 -off Date ~U~l~i l~ GY Dat 3 r L~ pARCEC ID: 2735-154-01-03 {1AT@-ftGVD: - 7/6/2004 J) CCpIB81~~~ CASE RQ 09-2004 CA$Ek#AME'; Convisor Uptown Partnership, LLP /Don Nelson pLNR: Joanna Schaffner PRdJADDRc Tract 5, Maroon Creek Ranch Subdi CASE TYP: Side Yard Setback $TEP$':~r OYVNtAPp: Convisor Uptown Pa ADR POB ii C%$iZ Aspen, CO 81612 PNN6 REt:" Glenn Horn ADR: 215 S Monarch, Ste 1 C/S/X; Aspen, CO 81611 PHN 925-6587 FEES'WE.$546 ~ FEE$'RCYD $520 #17464 OWES $26 RLF'~RRFiLBI REF 8Y~ , DUE: M76'DATE. 'REV;BDDY, pN NCTICED 6/3/04 BOA ~~ ~~ DATE CF FINAL, ACTK)N:~ REMARKS Balance Due: $26.00 ' pATE`CW$Ep; ~ BY; Isabel Calderon OOOUGs • PITKIN COUNTY • BOARD OF ADJUSTMENT Application Form DATE ~ 2 L O~ CASE # G Q" ~~©QC( REPRESENTATIVE-cv.5 }-1t~rn mac. Glehn}~~/n PHONE 9~-~~Sr67 MAILING ADDRESS ~- t S S o~-~~"h ~ onu r~ S~ ~-r-e t U y OWNER __C-ur\v ~ sow V Pr~...~,.~ Pkrrn~rsh,p LLP PHONE 2S-C~SF~~ MAILING ADDRESS PO ~ 1Z' Lo ~/L/Z LOCATION OF PROPERTY r1 ~ fc~on C~ re e l ~ Q~,h~,(~ S,-~60(,'~/c S, ~ TrC l C.T .S Any pertinent data must accompany this application, and applitation if it does not contain all the facts in question. } Owner's or Representative's Signature. be made part of this Case. the Board may return this (T'o be completed by the Zoning Department) Provisions of the caning resolution requiring the Zoning Official to forward this application to the Board of Adjustment, and reasons for not granting a building permit I~ 2-! U Zone District Requesting: S o:,~,w~ Lot Size ' Front Yazd Setback Variance, where ' is required. ' Reaz Yazd Setback Variance, where ' is required. ~' lr~ Side Yard Setback Variance, where ~' is required. ' _ Side Yard Setback Variance, where _' is required. ' Height Variance, where ' is allowed. Square Feet where a maximum of _ sq. ft. is allowed. Other: Application filed ~f - L - ~ y Refer to Date of Meeting - 3- p Notices Mailed IS CJ Pazcel ID No. ~l 35 "'~ I S y -G (-OU Zoning Offici Secretary ~ ~~~U~~ July 2, 2004 Davis Horll~• PLANNING & REAL ESTATE CONSULTING Joanna Schaffner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Nelson Variance Request: Maroon Creak Ranch Tract 5 Dear Joanna Conviser Uptown Partnership, LLP and Don Nelson ("applicant") are represented in this variance request by Davis Horn Incorporated. Conviser Uptown Partnership LLP owns Maroon Creek Ranch Tract 5, a five acre +/- vacant lot. Don Nelson has contracted with Conviser Uptown Partnership, LLP to acquire the subject site. Attachment 1 is a vicinity map depicting the location of the subject site. On March 8, 2004 the applicant submitted a land use application seeking the following land use approvals: * 1041 Environmental Hazard Review; * Conceptual Submission; * Easement Vacation; and * Minor Plat Amendment. The Planning and Zoning Commission considered the land use application on May 4, 2004 and recommended approval. The Board of County Commissioners will consider the application at a first reading on July 14, 2004 and second reading on July 28, 2004. This request for a variance is being submitted in anticipation of land use approvals being granted on July 28, 2004. EXISTING CONDITIONS Attachment 1, a 8 1/2" x 11" vicinity map, shows the Maroon Creek Ranch Subdivision is located in the Maroon Creek Valley approximatley one-half mile upvalley of Aspen Highlands Village. The Subdivision is zoned AFR-10. The minimum lot size in the AFR-10 zone district is 10 acres. The minimum lot width in the AFR-10 zone district is 400 feet. Tract 5 only contains five acres +/- of land and is only 200 feet wide, Consequently, Tract 5 is non-conforming in size and width. ALICE DAMS, AICP ( GLENN HORN, AICP 215 SOUTH MONARCH SL SUITE 104 ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180 U10 July 2, 2004 Joanna Schaffner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Nelson Variance Request: Maroon Creek Ranch Tract 5 Dear Joanna Conviser Uptown Partnership, LLP and Don Nelson ("applicant") are represented in this variance request by Davis Horn Incorporated. Conviser Uptown Partnership LLP owns Maroon Creek Ranch Tract 5, a five acre +/- vacant lot. Don Nelson has contracted with Conviser Uptown Partnership, LLP to acquire the subject site. Attachment 1 is a vicinity map depicting the location of the subject site. On March 8, 2004 the applicant submitted a land use application seeking the following land use approvals: * 1041 Environmental Hazard Review; * Conceptual Submission; * Easement Vacation; and * Minor Plat Amendment. The Planning and Zoning Commission considered the land use application on May 4, 2004 and recommended approval. The Board of County Commissioners will consider the application at a first reading on July 14, 2004 and second reading on July 28, 2004. This request for a variance is being submitted in anticipation of land use approvals being granted on July 28, 2004. EXISTING CONDITIONS Attachment 1, a 8 1/2" x 11" vicinity map, shows the Maroon Creek Ranch Subdivision is located in the Maroon Creek Valley approximatley one-half mile upvalley of Aspen Highlands Village. The Subdivision is zoned AFR-10. The minimum lot size in the AFR-10 zone district is 10 acres. The minimum lot width in the AFR-10 zone district is 400 feet. Tract 5 only contains five acres +/- of land and is only 200 feet wide, Consequently, Tract 5 is non-conforming in size and width. ~0~~~~ Joanna Schaffner July 2, 2004 Page 2 Attachment 2 is the Maroon Creek Ranch Subdivision Plat which is recorded at Book 6 Page 127 and Page 128. The Plat shows the Subdivision is comprised of eight lots which each contain approximately five acres. The Subdivision also includes approximatley 5.9 acres of common area. Parcel No's 1,2,3,6 and 7- A are developed with single family dwelling units. Parcel No's 4, 5 and 7-B are vacant. Seven of the eight lots (Parcels 1-7B) in the Subdivision are located on the southeast aspect of the Buttermilk/Tiehack Ski Area. Parcel 7A and the common area are located at the base of the steep hillside. The vast majority of the land in Parcels in the Subdivision is steep hillside which is not suitable for development. The Willow Creek Ditch traverses the bottom of Parcels 1-7B. The land located below the Ditch is not as steep and is generally suitable for development. The parcels in the Maroon Creek Ranch Subdivision were originally divided in 1973, prior to the enactment of 1041 Environmental Hazard Review and zoning regulations which required 10 acres as the minimum lot size in the AFR-10 (known as AF-1 zoning in 1974) . There was litigation between Pitkin County and the Maroon Creek Ranch Corporation regarding the land division. The District Court approved a "Stipulation of Dismissal with Prejudice" to settle Civil Action No. 5292, Maroon Creek Ranch Corporation vs. the Board of County Commissioners of Pitkin County, Colorado. PROJECT DESCRIPTION Attachment 3 depicts the Nelson 1041 Hazard Review Site Plan, Tract 5 Maroon Creek Ranch. The footprint of the proposed single- family dwelling unit is depicted on the site plan. Attachment 4 is the Nelson Residence: Site Plan. The plan shows the proposed dwelling unit and ancillary improvments will comply with the 50 foot front yard setback, the 30 foot east side yard setback and the 30 foot rear yard setback. However, in order to accommodate a house and adequate driveway for a fire truck, a 20 foot west side yard setback is necessary where a 30 foot side yard setback is required by the Land Use Code (See Attachment 4). Attachment 5 depicts the East and South Elevations of the proposed structure. Attachment 6 depicts the North and West Elevations of the proposes structure. 000012 • Joanna Schaffner July 2, 2004 Page 3 Attachment 7 depicts the Main Level Floor Plan and Attachment 8 depicts the Lower Level Floor Plan. LAND USE APPROVALS Section 7-10-030 establishes standards for a variance to be granted. This section demonstrates the subject site qualifies for a 10 foot west side yard setback variance due to hardships. Side Yard Setback Variance Attachment 2 shows that Tract 5 has an unusual shape. Additionally, Attachment 10, the Maroon Creek Ranch Subdivision Tract 5, Topographic Map, shows the vast majority of the five acre +/- acre Tract is too steep to be developed. The only developable land is located below the Willow Creek Ditch on the far south side of the Tract. As noted in the Existing Conditions section of this letter, the subject site is non-conforming in size and width. Tract 5 contains five acres when 10 acres is the minimum size lot in the AFR-10 zone and the Tract is only 200 feet wide when 400 feet is the minimum width in the zone. Attachment 4, the Nelson Residence Site Plan shows the proposed structure is located on the west side of the Tract to provide adequate driveway space for fire truck access. The proposed structure will be located 20 feet from the west side lot line, which requires a 10 foot variance. Nicole Piercy Finholm, Architect, met with the Aspen Fire Protection District during the initial design process to determine the needs of the Aspen Fire Protection District. The existing zoning standards result which necessitates a side yard setback due to the unusual narrowness of Tract conditions which limits development t Ditch. Strict application of the zoni undue hardship to the property owner. SIIt~IARY in a development hardship variance. The hardship is 5 and unusual topographic o below the Willow Creek zg standards results in an This application has demonstrated compliance with the Land Use Code standards identified by the staff in Board of Adjustment Application Form The following attachments are included: 000013 Joanna Schaffner July 2, 2004 Page 4 1. Vicinity Map (8 1/2" x 11"); 2. Maroon Creek Ranch Subdivision Plat which is recorded at Book 6 Page 127 and Page 128 (11" x 17"); 3. Nelson 1041 Hazard Review Site P1an,Tract 5 Maroon Creek Ranch (11" x 17" & 24" x 36") 4. Nelson Residence:Site Plan (11" x 17" & 24" x 36"); 5. East and South Elevations (11" x 17"); 6. North and West Elevations (11" x 17"); 7. Main Level Floor Plan (11" x 17"); 8. Lower Level Floor Plan (11" x 17"); 9. Maroon Creek Ranch Subdivision Tract 5: Topographic Map (11" X 17" & 24" X 36"); 10. Proof of Ownership & Legal Description; 11. List of Adjacent Property Owners; 12: Authorization from Conviser Uptown Partnership, LLP for Davis Horn Incorporated to submit Variance Application; 13. Authorization from Don Nelson for Davis Horn Incorporated to submit Variance Application; and 14. Improvement Survey Plat: Tract No. 4 and Tract No. 5 Maroon Creek Ranch (24" x 36") Please contact me if you would like additional information or would like clarifications. 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II I/~ / / ~ / YN K ~'r I'/l .~.1„J~l~i ' l ~1~~ . '~"L. i -• ' • / / ~; .~ rn ~ ~~ 1~1EL50N RE5ID~NG~ ~"'~ LOT 5 MAROON GREEK RANCH SUBDIVI510N, ASPEN, COLORADO, 816 12 • D ~O w NICOLE PIERGY FINHOLM ~4RGHITEGTS P/1 G/1Y 00./11 6GCCA1 /./11 /1C 6T!/1 0.14 7 ~f O'/n_G A0._C.40.0 0 0 G G F-` CD 0 0 0 0 N O 4 i 4 m {qqpfp(~ IF I • i • s y w ~~ NEL50N RE51DE1~GE ,., p LOT 5 MAROON GREEK RANCH SUBDIVI510N, ASPEN, COLORADO, 81612 a N ~ NICOLE PIERGY FINHOLM ~RGHITEGTS An anv an~n~ savGU i-ni nv dnn a ~ a ~ -~ q'f n_q dOl_GG.Aq O O O O N ~, ~o N~L50N RE51I~E1~GE , o LOT 5 MAROON GREEK RANCH SUBDIVISION, ASPEN, COLORADO, 8 16 12 ~ NICOLE PIERGY FINHOLM ARCHITECTS '`~ on anv aan+ scoowi ins noer~n a+c+-~ e-rn_aAa_ccaa I ~ I • a m~~ ~ W l EOOL ~aczak, ~xc. March 4, 2004 Davis Hom, Inc. 215 S. Monazch Street, Suite 104 Aspen CO 81611 Dear Glenn, • .4S~.ta~:i~nEi~<T ~~ I am a licensed Title Examiner in the State of Colorado, License No. RP 100120807 and I have reviewed the records of the Pitkin County Clerk & Recorder's Office with respect.to the ownership records with respect to the Land Use Application for Mazoon Creek Ranch Tracts 4 and 5 in Pitkin County, Colorado. According to my review, the current owners of the subject property include: 273515401009 Donna Mill Ward Revocable Trust dated November 15, 1991 POB 2954 Aspen CO 81612 273515401006 Don H. Nelson and Sara L. Nelson " 1121 Lake Avenue Greenwich CT 06831 273515401005 Lee A. Keating and Thomas 7. Bowers 408 S. Hunter Aspen CO 81611 273515401004 Barbara Convisor POB II Aspen CO 81612 273515401003 Convisor Uptown Partnership LLLP `~"`(~,~,;~ S 1- c/o Barbaza Convisor '~/ POB II Aspen CO 81612 273515401002 ~0~0~~ Barbara Convisor POB II Aspen CO 81612 215 5. Moxnecn SrnEEi, Stnre IOG • Asaex, COLOR4D0 81611-2922 (970) 925-4869• (970) 925-7654 (FAX) ' io Glenn Hom Maroon Creek Ranch Page Two 273515401001 J. M. Associates, a partnership c/o Barbara Convisor POB II Aspen CO 81612 273515401007 Lee R. Lyon and Joanne R. Lyon, as Co-Trustees of the Lee R. Lyon Residence Trust POB 10238 Aspen CO 81612 27351540100 (Not assigned) Maroon Creek Ranch Common Parcel No address available. Raczak Inc is not affiliated with any title company. The results of this seazch are Raczak's opinions and observations concerning the chain of title or search issues. We provide the most accurate, up-to-date information possible. However, the ultimate responsibility for maintaining files rests with the filing officer and therefore Raczak makes no representations or warranties concerning the full accuracy of the recorded and unrecorded documents regazding this property, person or entity. Raczak, Inc. has no credentials as a title company or legal counsel. We have fifteen years of experience in reseazching the public records, have worked in the Legal Division for a title company, and have seven yeazs of experience in legal secretarial work. This statement is neither an abstract, opinion, nor guaranty of title and is intended specifically and exclusively for the use of the client of Davis Horn, Inc. It is understood and agreed that Raczak, Inc., neither assumes, nor will be chazged with any financial obligations or liability whatever on any statement contained herein. Sincerely, net Raczak, Presrdent Tale Examiner Rwcznx, Ixc- 0000?5 21S S. MONA(tCH SraEE'r, SwrE lOG ~ ASPLN, COLORADO 81611-2912• (970) 925-4869• (970) 925-7654 (FAX) im~~t~ien QUITCLAIM DEED GRANTOR( oartnershio Colorado SL and Slate of _ • ATI'ACHAtEil1T I1~ 476721 PsOe: 1 of 1 12/31/2002 11:S0R D 0.00 for the conside quitclaim(s) to address is F the following teat property, in the County of Pitkin and State of Colorado, to wit: Grantor's interest in and to: Tracts ofMaroon Creek Ranch also known by street and number as: assessor's schedule or parcel number. with all its appurtenances Signed this ~ day of December , ~Op2 . J.M. ASSOCIATES, a dissolved Colorado general partnership Barbara Conviser, general parmer Martine Alexandra Conviser, general partner /~~~~~ l oshua Matthew Conviser, general partner STATE OF COLORADO County of MESA The foregoing instrument was acknowledged before me this ~~ day of December , 2002 , by Barbara Conviser Martine Alexandra Conv' er and oshua Matthew o viler as eneral ne of J.M. Associat s a dissolved Colorado eeneral oartnershio Witness my hand and official seal. My commission expires: ,3. ~~-r~Oo3 DEBBIE A. ~: ~-,. -'O FISHER ~ ______]~ ~~---l~-t' "" l.' `~ OF ~(~ G~~ N,wxry 1966c 0000' ~ ~ ~'rirrlL- . Fans vW Aal¢as ut 1'erwn CrcaunK NewIY Creeied Lceal Ucuna~~~ in ix.i<_uv. a r u . , -a-~ f I I Y • 1 ATTA~FMAEAIT ~ 0 ----____ Recorded at 4:38 o'clock P M., AuR 3. 1978 Reception No._ F.aaWaarl _~~r .fy~'7rt~~prcotder THIS DEED, Made [his July~~_, 1979 ~'"^ ~~ between Mark V Investments, /n c., a Ca li fom is rnrporat ion, Maroon (:reek Aaneh Corporation, a Colorado corporation, and Grl Curtis, parties of the first part, and J.M. Aeaocaatea, • partnership, Mose legal address in P.O. cox 3104 of the City of !open, County of Pitkin, and State of Colorado, of tM second par.: '~ ftf A~ ; ~ 58 ~° t .~. ~. NITNESSETN, That the said patties of the fire[ part, for and in considera- tion o[ tan and no/100 dollars to rho acid patties of the fiat part in hand paid by said pally of the second part, the receipt whereof is hereby confessed and acknwledged, have granted, bargained, sold and rnn veved, and by thews presents do grant, bargain, sell, convev and confirm, unto the said party of the second part, their successors and assigns forever, all the fallowing described lot or parcel of land, situate, lying and being in Che County of Pitkin and Stara of Colorado, to wits A tract of land situated in the Northwest one-quarter of thq Southeast one- quarter and in the .brtheaat one-quarter of the Southeast one-quarter of Section 15, Ta+nship 10 South, Range 85 fleet of the 6th P. M., described as follrars: BEGINNING at a point being lbrth 100 13' S0" Neat 489.60 feet and North 120 31' Meet 88.53 feet frogs the Southeast comer of the North:ntet one-quarter of the Houtheaai one-quarter of acid sec[ian 15r thence North 60° 51' East 18.28 feet along the centerline of Xi llor Creek Ditch; thence North 47° 27' East 80.00 feet along the ror.[erline of Ni llov Creek Ditehr thsnro North 57° 16' East 45.82 feet along the centerline of Nillor ,;reek Ditehr thence North 81° ?2' East 79.81 feet along the centerline of Nillor Creek Ditehr thence North 6BO 16' East 75.55 feet along the centerline of Ni (law Creek Ditehr Chance North 37° 34' Eaat 33.38 Eeec along ch! ronterlina of Millar Creek Ditehr thence North 42° 31' Nest 342.50 fete to [he East line of the Northwest one- gwrtar of the Southeast one-quarter of said Section 15; thanro North 00° 06' Hest 431.85 Eaet along the Gast line of the Northwest one- quarter o[ the Southeast one-qw rter m Ghe Northeot curnerr thenro North 89° 43' 36` Nest 732.41 feet ala,q the Noch ].ins of the Northwest one-gwrter of the Southeast vie-quarter: thence South 00° 00~ 576.28 feet; ~ Chance SouN 42° 31' Ea [ 277.94 Eeet 4. The Point of Beginning. Also knam as Tract No. 1B, Maroon Creek Ranch Pitkin County. Co-orado TogstMr with all and singular CM hereditamenta and sppurtenanros thereto belongEnq, or in anywise appertaining, and the reversion end reversions, serinder and remainders. rents. issues and profits thereoL, and all the estate, right, tir la, interest, claim and demand whatsoever of the said parties of the tizsi part, either in tar or equity, et, in and tp the above oaryained premises, riM the N.,e reditaeents and anpurtenanees. TO HFVE AND TO HOLD the said oremts es above bargained and described with the apps rt chances, unto Me said party of the second part, its auceesaora and assigns fc re ve r. Md the said part Lea of the Eirst mrt, for themaelvee, their respeeti ve successor:, heirs, executers, and admin ist raters, do eovenani, grant, Ds r9ain, mtl agree to and with the said pally of. the second part, its successors and aasigm; that at [he Lime of the ensealian and delivery of these presents, they are well stir ed of the premises above conveyed, as of good, au re, Dc Meet. aGoluie and indefeasible estate of mhe ritan ce, in raw, in fee simple, and have good right, full pwpr and autho ri [y to grant, bar gain, sell and convey the same in manner and fprm as aforesaid, and chat the aam: are free and clear from all 000027 1 . i • • ATTAC~E~dT a~a3512 x,;507 forcer and other grants, baryains, sales, liana, tesea, asseasoenta and arcdn- ' brancea of whatever kind of nature scever, except: 1. Ganaral [crew for 1978, dw and pay rbla in -979 7. Eateoanb, ri ghta-obray, Minsral nutvatirna or Orania, ainaral $ ~ loses, and protective rnwnants and raetrietlrna of recordr f i and the show bargained pnaia.-1 in the quiet and psaesable poesetaion of tM uid party of the aeeoM part, its auceaason and uaigna against all and awry panrn or pnrns larLully claadnq or to claim Na thole or any part tMnol~ tha said parties of the first part shall and will MARIUNT ANI~ t'CREVER DEPEND. IN wI17SSa wNEREO-, the said parties of .ta first part have-hereunto set ~;.,,~ i their raspecta ve hands and seals the day and year first above written. "C• ~~~~• .~~~ a .l ~ ~:'..il :~ s r '. i s m Attest: Nark ntf, y{q: S' ~ •i ~ - - i i -' ~~_ a ~`Y Carl Preaid~a ., .a ;,,,,, ';,~^e,P~F ,.,a r w ..4, ,` Nor«n c N „~y~aryal4(u~. ~ J~ TQ~/ o : ,, ..: r, >R.i ~~Yr. ., ~_. Ey, d: Ater;,,: ` ~'aiC i1Y'L. j ..w' .,...,.. - c a ... 1 sTA~rc or oQ.Gc..Ld i si. County Of ~ 1f:s fengoing inatnrnt vas aeknowladgad before an this a0 ~ day of ,~~ 1970, by Carl CurtL, PrsalGnt of Mark V Inv#atawU, lne., Carl CL~ , Prseidsnt of Maroon CtNk Ranch Corperatlor and Grl Curtis. t ~~ My cajaiaalon eapina ~ hanQ a1W official anal. = ~~~~' _ o ~'. ' 0000 8 'J~p/----14 Mltnui Notary Public ~4a ~~. (0 ATTACHMENT ~~ ~R~z~tk, 9~~• July 2, 2004 Davis Horn, Inc. 215 S. Monazch Street, Suite 104 Aspen CO 81611 Dear Glenn, I am a licensed Title Examiner in the State of Colorado, License No. Rp100120807 and I have reviewed the records of the Pitkin County Clerk & Recorder's Office with respect to the ownership records with respect to the Land Use Application for Mazoon Creek Ranch Tract 5 in Pitkin County, Colorado. According to my review, the current owners adjacent to the subject property include: 273515401004 Bazbaza Convisor POB II Aspen CO 81612 273515401002 Bazbaza Convisor POB II Aspen CO 81612 Federal Land United States Bureau of Land Management 50629 Highway 6 and 24 POB 1009 Glenwood Springs CO 81602-1009 Raczak Inc is not affiliated with any title company. The results of this search are Raczak's opinions and observations concerning the chain of title or search issues. We provide the most accurate, up-to-date information possible. However, the ultimate responsibility for maintaining files rests with the filing officer and therefore Raczak makes no representations or warranties concerning the full accuracy of the recorded and unrecorded documents regarding this property, person or entity. Raczak, Inc. has no credentials as a title company or legal counsel. We have fifteen yeazs of experience in reseazching the public records, have worked in the Legal Division for a title company, and have seven years of experience in legal secretarial work. This statement is neither an abstract, opinion, nor guaranty of title and is intended specifically and exclusively for the use of the client of Davis Horn, Inc. It is understood and agreed that Raczak, Inc., neither assumes, nor will be chazged with any financial obligations or liability whatever on any statement contained herein. Sincerely, anet Raczak, resident RnczAxExaminer 0 0 0 0 2 9 215 S. MONARCH S1RP.RT, Si71'18 106 • ASPEN, COLORADO 81611-2912• (970) 925-4869• (970) 925-7654 (FAX) Jun 2B 0~ 1Oi2$a YUS@ei % RORN y~ru yes-tlluu Psi ~~ . ~~CE~lT June 28, 2004 Coavisot Optowa Partnership, LLY c/o Barbara Convisor Poet Office eox YI Aspen. Colorado 81611 Joanna Schaffner zoning Officer Pitkin County Community Development Department 130 S. Galena Aspen, Colorado 8167.,7 Re: MarOOa Creak Raaeh Tract Dio. 5 Dear Joanna: Caavisar uptown Partnership, LLP owns Maroon Creek Ranch Tract NO. 5. DOR Nel6On hoe COntraCtCd tO aCgU1rC the SUbjCCt Bite. Thie letter authorizes Davis Horn Incorporated to submit a variance request to the pitkin County Board of Adjustment on behalf of Don and Convisor Uptown Pattnership, LLP. Please COntaCt me at 925-1780 if you havC any queetlons. Thank you. Sincerely, Barbara Coaviser Conviadr IIptovm Parta~rabip, LLP 0000:0 i00'd db0~90 be/BZ/90 EO69b450L6 w[oW !~ R~.aald aloolN aT0 92S-51aD P•2 ]un 29 O~ 10:39a rUSEM I NORH ~~ 4 ~.T'~CE#fEWT Doa NelsoA 9S sist Putaa7a lwenue tireeaxiaL, CT 06!10 Jvne 2B, 2004 Joanna Schaffner Aepe21 Pitkin Community Development Department 130 South C-alena Street ABpen, Colorado 81611 8e: 1laroon Creek Ranh Tract 5 Variaaco Regaeat Dear Joanna: I have contracted with the Convisor Uptown Partnershi,~, LLP to acquire Maroon Creek Raaoh Tract 5. :his letter authorizes Davis flora Incorporated to DYepaY@ a Hoard of pdjuitmert variance application for the si:bject airs. Dania Horr. Incorporated will represent me in the hearing. Thank you. Sincerely, ~~..~s~ Doa~elson schaEfn.e 00003 Tn• J Onn' fl Al COOT nn 7i 1]fl IJ b6-67.9-~OZ ~ l31 3NIf19NliS • REVISED AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT August 3, 2004 5:30 P.M. Commissioner's Meeting Room Pitkin County Courthouse CASELOAD: 09-2004 Convisor Uptown Partnership, LLP / Nelson Tract 5, Maroon Creek Subdivision Requesting a 10 foot West Side Yard Setback variance where 30 feet is required on this 5 acre parcel in the AFR-10 zone district for the construction of a single-family residence. 10-2004 Belber, Tim 0408 Snowmass Creek Road Requesting a 20 foot Collector Street Setback variance where 50 feet is required from the Snowmass Creek Road right-of-way, and a 70 foot Front Yard setback variance where 100 feet is required on this 12.69 acre parcel in the AFR-10 zone district for the construction of a single family residence. CONSENT AGENDA: Baum - Berm on Highway 82 at Wingo Bridge Calsun 1 & 2,LLC - fence on top of retaining wall along Hunter Creek Rd MINUTES: July 19, Special Meeting NOTE: Next meeting date is the day after Labor Day. will Board members be in town or do you wish to reschedule? Please confirm your attendance with Joanna at 920-5105 or joannas@co.pitlan.co.us 00003? • ~°~' • County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITItIIV COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, ~ le r I1 ~`X'~ ,being or representing an Applicant before the Pitltin County Board of Adjustment, personally certify that the attached photograph fairly and accurately represents the sign posted as Notice of the variance hearing on this matter in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was postednnand visible continuously from the ~Z~day of ~`'`~, 20~~; f to the 3 day of /T V , 20 ~ (Must be posted for at least nine (9) full days before the hearing date). Applicant s Signature Subscribed and sworn to before me this ()~_ day of, 20~by -~hn,u t<i~dYt~- (Attach photograph here) BRING THIS FORM TO THE MEETING WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires:~J~Z9~O `~'.. .~N'~ -,...~ Public s Signature ;N.a'-.~l1fSr IC '~~'' ~;.9~~, . ;' ~, l 5 ~' (-~ cis, ~ A-yc #3~S /~e%xt~ Cry SSG I / ~~. ' , ~ Address ~ -~ 000033 a~V~s-.r ra~~ ra+~ E ~F ~~tacM~ ,4I Y NUB-..i ; N(~ ti 61.~t_ ___ ,. 1EE IIPA.A'~ __ ._ ... _. a~,~ ~'~:~. ~'f ~ ~ F~~ PUBLIC NOTICE RE: SideYard Setback Variance for Tract 5, Maroon Creek Subdivision (Case 2004-09) NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday, August 3, 2004, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by Convisor Uptown Partnership, LLP and Don Nelson, requesting a 10 foot Side Yazd setback variance where 30 feet is required on this approximately 5 acre parcel in the AFR-10 zone district for the construction of asingle-family residence. The State Pazcel Identification Number for this property is 2735- 154-01-003. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Board of Adjustment Published in The Aspen Times on July 24, 2004 Pitkin County Account No. 002.02 00003= 1-~~~-off w+~x;lt.~_~~JJ/~~' 1 1' 4~~ ,rY DE,~1,pPMENT DEPAR'r~T ''!'~ lA penuCo orado 81611t (9701920-5526 pitkin Cou~Y Land Use: Board of Adjustment 172 County Land Use Code 159 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 public Notice 160 Planning Enforcement Referral Fees: 210 Airport LUCO l County Clerk 211 County Engineer lyg Environmental Health ~8 Historic 198 Housing 190 Land Management Redstone HPC 2pg Wildlife Officer 206 rj~ Building Fees: 170 135 105 100 120 195 115 150 110 Board of Appeals Building Code Sales Building Permit Contractor License Electrical Permit Energy Code Review Mechanical Permit Plan Check Plumbing Permit 130 151 152 Reinspechon Aspen Sanitation AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy P7A05 Master Plan Copy performance Deposit 185 Park Dedication 188 Parking Cash in Lieuo~ IS GIS Requirements B1202 Road Impact Fee B1203 School Impact Fee [~ ~~~. TOTAL ADDi2ES5 CHECK#-- # OF COPIES: CASE/PERMIT#:~~;-~ ~YIMUNITY DEVELOPMENT DEPAR~NT 130 South Galcna Street Aspen. ColoraQo 81611 (970)920 3526 Pitkin County Land Use: 172 Board oC Adjustment ~lf •Q~ 159 ~ CountV band Use Code 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 1Fi0 Planning Enforcement Referral Fees: `210 Airport LUCOl County Clerk 211 County Engineer 194 Environmental Health 208 Historic. 198 Housing 190 Land Management 209 Redstnne HPO 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 EnerKy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal Other Fees: 155 Use Tax 165 Copy PZ005 Master Plau Copy Performance Deposit 185 Park Dedication 186 Parking Cash in Lieu IS GIS Requirements B1202 Road Impact Fee ~" B1203 School Impact Fee TOTAL ~~0 " m(/ ('ASE i PERMIT#: # OF C'OPIEB: na•rc. i ~ ..........