HomeMy WebLinkAboutpitkin.planning.273503400036 (2007)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 (llzl~
~.
Parcel ID: 2735 03 - - - 036 Application Date: 11/26/07 Case No: P171 -07
Description: 80 Buttermilk Lane Landowner LLC Minor Amendment to Development Permit Planner:
FORMERLY 80 BUTTERMILK LN AKA 724 W BUTTERMILK RD # Copies: 4
Allocated Hours 3
Project Address: 240 BUTTERMILK LN, ASPEN, CO 81611 % Over Hours: 3.6
Property Owner: 80 BUTTERMILK LANE Address: PO BOX 729 Owner Phone'
LANDOWN LLC CARBONDALE, CO 81623
Owner's REP: JEFFREY HANCOX Address: PO BOX 729 REP's Phone:
CARBONDALE, CO 81623
REP's Email:
Referrals: FIRE DEPT - ASPEN Other Referrals: West Buttermilk Metro District
PLANNING ENGINEER REFERRAL
ALL OTHER REFERRALS
Comments Due Date:
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? no
Notice Date:
Meeting Notes:
Approvals:
BOCC Resolution #: P &Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 121 -2007 #545688
Other Information:
VR Approval Date: Plat Recorded Date: 08/26/2010
VR Expires Date: Plat (Bk, PG): B94 P31 #573028
Remarks: No vesting
Application Type: Minor Amendment to a Development Permit
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DDtECTOR OF
PTTKIN COUNTY, COLORADO, APPROVING THE 80 BUTTERMILK LANE LANDOWNER
LLC MINOR AMENDMENT TO DEVELOPMENT PERMIT
Administrative Decision No. ~-2007
RECTTALS
1. Pursuant to Section 2-20-150.b of the Land Use Code, 80 Buttermilk Lane Landowner LLC
("Applicant") has applied to the Community Development Director of Pitkin County, Colorado
("Director") to amend the access envelope to realign the proposed driveway and to expand the ISDS
envelope.
2. The property is located at the 80 Buttermilk Lane, and is more specifically described in Exhibit A.
3. The property is caned AR-10 and contains approximately 4.5 acres.
4. The Community Development Director granted 1041 hazard review approval, pursuant to
Administrative Decision No. 09-2007.
The Director finds that the proposed envelope amendments comply with the applicable provisions of
the land use code, and that the proposed development will not change the use of the proposed
development or the basic character of the land, is consistent with action taken during the original
review, does not increase off-site impacts or the allowable floor area, and will not endanger the public
health, safety or welfare.
THE DIRECTOR DOES HEREBY APPROVE the 80 Buttermilk Lane Landowner LLC Minor
Amendment to a Development Permit, subject to the following conditions, which shall run with.the land and
be binding on all successors in interest:
1. All conditions of Administrative Decision No. 09-2007 shall remain in full force and effect, except as
amended herein.
2. Within 30 days of the date of this Decision and prior to submission of any further development permit
applications, the Applicant shall be required to submit for approval by the County Attorney and
Community Development Department an amended Site Flan. The above referenced approvals shall be
a condition precedent to finalization and recordation. The mylar copy of the site plan must be signed
by the owner prior to submittal for recording. The site plan shall be amended as follows:
A. Add a note stating the purpose of the amendment.
B. Delineate a utility envelope to connect the access envelope to the ISDS envelope to
accommodate a septic line.
3. For a maximum of 100 linear feet (as measured along the centerline of the driveway), the driveway may
encroach on slopes between 30% and a maximum of 45% gradient. The Applicant shall demonstrate
compliance with the access permit application.
4. Retaining walls greater than four (4) feet in height shall be supported by appropriate engineering and
reviewed and approved by the Planning Engineer.
RECEPTION#: 545688, 01/09/2008 at
10:13:46 AM,
1 OF 3, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin Courtty, CO
Administrative Decision No.~~-2007
Page 2
5. The Applicant shall adhere to all material representations made in the application.
APPROVED by the Director, this3~,~day of,, 2007.
~C4.slt~~~ ii..CN
Cindy ouben, Community Development Director
PID #273503400036;P0171-07
RRCE9TSON9: 541313, 17/2007 at 02:00:28 9N, 308 ~,
Janioe IC. Vos Gudi~ltitkin County, tD
Ortbr Nlsmbr. 46267
Pwal A:
EX9IBITwAw
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3feridfaa daawbod as hlbwa:
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Reap tl Wen ofOb 86t1h Almwal Mmidbn haata 8va1h 47NS' Wat 99!23 bet;
tbaeoe ]forth W 79• Wan 150.19 Bet b Ole Bolll-wenmlyad{e ofa ri~a ofway,
throve Somh S2•tl' t3sn11433 bel aby the wmhwaabrly adp ofgb tidtt of way,
thm thlath 70'47' Ban 121.87 bn aby Ole edp of the eyht ofasy;
Ihmve 8aati 77•97'>bN 54.75 bn stay 14e arise of Ob ri7ht of way,
thaoaa 8aeah24.09' Itul 156.61 hel cloy Ob ad8e ofths r18ht ofway;
Ihanvs 8outhSiY1 • IbN 116.94 bet aby the edp aftM rt8id ofway;
sheave South 12'OS' Han 66.41 bn more a lau b he South lus ofLm U:
throve 8omh 19MI' Wex 353.79 bal. moroar bw. aloy the South Boe otLot 17 b a point which is
Swap 0179' Ban of the palm of te8hwby
theoee t4onh 01`39' Wen 33229 feet, maroorlw. b the Pohu o[i3e8taaht8.
~E
A n^w aflaod bdeg to Lot 17, 8ealim ]3, 7bwnsh~ l0 Somh, Raep BS Wen of Ox Shdh Prlacipd
Mmidlao dbvrihd v Bdbwa:
Ryioniy N • Pellet Bom whbh be 8outb Qvaaar Comer, 8eo0on 7, Township !0 SoNh,
Aaye b Wsn of the Siab Pdadpd ltaddlm !!rota Sowh 47.43' Wen 999.23 bn:
thavoe South t6'}/` Wan 311.96 bet b the Srlaiyed8s vh ri86t of way;
tlteaoe Sauh 1S'06' Ban 210A5 het ahe~ the ed8e of the tight ofway;
~ South 05.27' Wan 14]36 bet mwe a Ira aby theed8e ofthe t18ht ofmy b the Sowh Iles of
l.ot 13;
thwtae tfwu 89.4r ryn 2eo.7e bn.by tw sattbwty 8oe of Wd Lm 13;
tttwae t4oeOt01'39' wen 352.19 Br mare or lam b the Poiot otBe~ndn6.
TaBMhsr wMh • aw~mwhtYvet{84t of hltpeb and open doy the abraaid d81tt ofway and dais the
&mwrdik Wan Raad b Bub }Iidnray I4o. 82.
TopHar wph a aov.ncdndva, Pwpatad tasemeota p deaaehed byFammam Agrcpnmt tavwded May
21,1001 tl RavepOae I4o.134606.
Ta{N6ar dW a pelpebal, aoormbiasive ememmt sad ~~'mq' ove , aoraas, toll akay thn avWn
Driveway8asamem Aea d am huh io Drleeway IDsamwdAleeeownt roemdedAywt 16,1006 u
Revaptioa 7k. 527547.
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PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 10/31/07
PHONE: (970) 920-5093 E-MAIL: suzannewCci)co.aitkin.co.us
LOCATION: 80 Buttermilk Lane LOT SIZE: 4.5 acres
PARCEL ID #: 273503400036 ZONE: AR-10
OWNERlAPPLICANT: 80 Buttertniik Lane Landowner LLC
REPRESENTATIVE: Jeffrey Hancox EMAIL: jeffrey(a~midlandesign.com
Type of Application: Minor Amendment to Development Permit
Description of ProjecUDevelopment: The Community Development Director granted 1041 Hazard Review,
pursuant to Determination No. 09-2007. The Applicant proposes to amend the access envelope.
Land Use Code Sections to address in letter of request/application:
• 2-20-150.b, Minor Amendment to Development Permit
Review by: Community Development Director
Public Hearing? NO.
Staff will refer to: Aspen Fire, Planning Engineer, West Buttermilk Metro District
FEES: 51,155 (make check payable to °Pitkin County Treasurer")
• $593 Planning flat fee (non-refundable; based on 3 hours of staff time; ff staff review time exceeds 3.6
hours, the Applicarrt will be charged for add'Rional time in excess of 3 hours at a rate of $231/hour)
• $462 Planning Engineer
To apply, submit 4 copies of the following information, unless noted otherwise:
1. Letter of request, addressing (in detail) each of the provisions of the Pitkin Courrty Land Use Code identified
above and sufficient to demonstrate that ali substantive review criteria have been met;
2. 24"x36" & 11 ° x 17° Amended Site Plan;
3. Copies of prior approvals;
4. Consent from the owner of the property for the representative to process the application and represent the
owner (1 copy);
5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance
company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the
property and ali mortgagees, judgments, liens, easements, contracts and agreements affecting use and
development of the parcel and proof of the owner's right to use the land for the purposes ident~ed in the
development application.
6. Street address (if any) and parcel description, including legal description, and 8-112°x 11"vicinity map locating
the subject property within Pitkin County;
7. Exearted Pitlcin County Community Development Agreement for Payment of Land Use Application Fees (1
copy) (forth attached);
8. This Pre-Appligtion Conference Summary Sheet.
000001 ~ ZC~
November 19, 2007
Cindy Houben
Pitkin County Community Development Director
130 S. Gelena Street
3Td Floor
Aspen, CO 81611
Re: 80 Buttermilk Lane, Parcel No. 273503400036
HCE Project No. 2061042.00
Cindy:
High Country Engineering, Inc. (HCE) is requesting a minor amendment to the Development
Permit for 80 Buttermilk Lane. The amendment requested is to move the access envelope and
increase the size of the ISDS envelope. The current access envelope circles azoand the
southeast side of the property. We aze proposing to move that access envelope to the:middle
eastern portion of the property. This change to the access envelope allows more direct!acoe$s , : ~ ~ ~ ;
to the proposed residence and still adheres to section 7-20-20.c.5 of the Pitkin Courltytllial-d ! ,; .. ,...
Use Code. ;, ;' ,,
This minor amendment meets all the provisions in section 2-20-150.b of the Pitkin County
Land Use Code. The amendment is consistent with previous development approvals for the
property; it just looks to change the location of an existing envelope. The amendment does
not change the use of the development either, this development remains residential. This
change to the access envelope does not change the basic chazacter of the approved use of
land; the basic visual appearance of the property will remain the same. No new land
development activity has been added to the property, nor will the envelope changes increase
off-site impacts. The envelope changes will not endanger public health, safety, or welfare; it
does not violate any Land Use Code standazd and does not substantially increase the need for
on-site parking or utilities. The floor azea will not increase by more than five percent or
decrease the open space by more than five percent.
Please contact me if you have any questions or need additional information.
Sincerely,
HIGH COUNTRY ENGINEERING, INC.
J.R. Spung, E.I.
Project Manager
000002
I4 Inverness Drive Eart, Suite F-/20
Englewood, Colorado 80//2
telephone (3037 915-0544 -fax (3037 925-0547
!S/78lakeAvenue, Surte 107
Glenwood Springs, CO 81601
telephone (9707 945-8676-jax (9707 945-1555
Nov Lu u/ u4:UUp Coleman Brothers 9709632104
p.11
r~l
PITiUN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USIlE APPLICATION FEES ~'~l . \
PITKIN GOUNTY (hereinafter COUN'T'Y) and _ ~~L'E1NIt,:J ,~ 6"j}}~T~ W ~k-u'~-~Tri1J
(hereinafterAPPLICANTyAGRfI: A5 FOLLOWS: -~ ,~_
1. APPLICANT has submitted to COUNTY an appNcaton far ~~ ~~[ W 11~~ ti ~1~
(hereinafter, THE PROJECT).
2. APPLICANT understands end agrees that Pitkin County Ordinance No. 022-2006 estadisltes a
fee structure for land use epplfcations and the payment of all processing fee9 is a condition precederrt to a
determination of applicaton completeness. The fee strudure is based on the County's poNcy that
development shall pay, In full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reQed the expense Incurred in providing such services to the pubAc,
3. APPLICANT and COUNTY agree that because of I'tt8 side, nature or scope of the proposed
project, it may not be possible at the time of appNcation to ascertain the iuN extent of the wets involved in
processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use appNcations
shall accumulate (fan application inductee more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is imixactlcabie for COUNTY staff to complete
processing or present sufncienl information to the Planning Commission and/or [icrard of County
Commissionero to enable the Planning Commission andlor Board of County Commissioners m make legally
required findings for prajed approval, unless current billings are paid in full prior to decision.
8. Therefore, APPLICANT agrees that in wnslderatlon of the COUNTY'S wai+rer of its right to
tolled fufl fees p ''or to a detemrinaGon of application wmpleteness, APPLICANT shall pay a base fee in the
amount of $11 J'~ which is based on 3, twurs of staff lima, and if actual time spent by staff to process the
appBcabon exceeds the average number of hours by more than 20%, then the COUNTY wiEl bill The
APPLICANT quarterly for the additlonal time apertL Such pedodic payments shad be made within 30 days of
the billing date. APPLICANT further agrees that fagure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY
Cindy Houttan
Community Devetoprnent Director
Effective 7!26106
G:county-adminVormsiegreement to pay
0~~~~~
APPLICANT
PA ame ' 1 i, 7
Signature W (•;y~.---•-.`` c
Date: II ~a0~0 7
MailfngAddrese: l°!~ /grJk 7~.9
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VICINITY MAP
SCALE 1'=1000'
Q~t.IJl:~2
HIGH COUNTRY ENGINEERING INC coI eMAN e1xoTHeRS DRAW ~~ scA~E: 1„_ 1~,
.
1 PITKIN COUNN, CO
t•INVERNESfL iN21VE EA6T, b"TE F120, ENGLEWOOD,CO eOt 12
PHONEf30~B2R06gq FAK(3~i1 B2EOSgT
80 WEST BUTTERMILK CHECKED BY: PROJECT NO:
sPC zo6l oaz
tEt]BLAKE AVENDE, 8TE 101, 6~ENWOODt2VtlNG&CO E16D1
PNONE I9]O]WEBeIb FAXIY]W aas2b66
W W Wl10VA.Ca\t VICINITY MAP DATE: PAGE:
11/19/07 7
FIB' J:/5D5KPROJ/206/1042/CDNIO MAP.DWG
RECEPTIONN: 541143, 08/17/2007 at 02:00:28 PM, 1 OP 4, R $21.00
DP $387.60 Janice R. Voe Caudill, Pitkin County, CO
~1•W
WHEN RECORDED RETURN TO:
Name: Millard J. Zimet, P.C.
Address: 604 West Main Street
Aspen, CO SI6II
WARRANTY DEED
THIS DEED, made this 17th day of August, 2007, between Weat Buttormtlk, Id.C, a Colorado
limited liability company of the said County of r~ and Stan of Illinois, grantor,
and 80 Buttermilk Lane Landowner LLC, a Colorado limited Iiabiliry company wlase legal
address is do Coleman Brothers Conswction, PO Box 729, Carbondale, CO 81623 of the said
County of Wield and State ofCobredo, grantee:
WiTNESSETH, that the granur, for and in consideration of the sum of Ten dollar and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
has gamed, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey
and oo~rm, unto tho grantee, his hobs and assign forever, all the real property, ugether with
improvements, if any, siuate, lying and being in the said County of Pitkin and State of Colorado
described as follows:
See "Exhibit A"attached hercu
also known by street and number as: 80 Buttermilk Rd., Aspen, CO 8161 I
TOGETHER with all and singular the hercditaments and appurtenances thereto belonging, or in
anywise appertaining, and the mersion and reversions, remainder and rmnainders, rents, issues
and profits thereof, and all iha estate, right, title, interest, claim and demand whatsoever of the
gantor. either in law or equity, ot, in and to the above bargained premises, with the
hereditamaMs and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unm the grmue, his heirs and assigns forever. And the grantor, for himself; his
heirs, end persoml representetivea, does covenant, gent, bargain, and agree u and with the
grantee, his heir: and aseigro, that at the time of the emealing end delivery of these presents, he
is well seized of the premiss above conveyed, hoe good, sure, perfect, absolute end indefeuble
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to
nrns.m, +sNr
sawamkxrro0,arora-Mesa, D'.maa
waaspo.e-rwar,.p,re aamala~neeedr
Aae 1 MI
d00~~J~
RECEPTION4: 541143, 08/17/2007 at 02:00:28 Pt4, 2 OF 4,
Janice X. Voe Caudill, Pitkin County, CO
grant, bargain, sdl and tynvey the same in manner and form as aforesaid, and that the same are
hee and cleaz from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and resMctions of whatever kind or nature soever, except
See Attached Exceptions
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bazgained
premises in the quid and peeceabla possession of the graMeq his heir and assigns, against all
end every person or persons lawCally claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shat] be
applicable to all genders.
IN WITNBSS WHEREOF, the granoor has executed this deed on the date set forth above,
WEST BIffTERMILK, LLC, a Colorado limited liability company
By: THH ASPEN DEVELOPMENT FUND I, a Delawaze limited liability company, its sole
Itunager
By: FREED HERITAGE WVESTMBNTS, LLC, an Illinois limited liability tympany, its
manager
By: JPA MANAGEMENT, LLC, an IDinois limited Eability company, its manager
By
Tts: M.".. ..~
STATE OF Illinois "OFFICIAL SEAL"
ANGEIA ECHNEIDEq
COUNTY OF Cm.t' Holarwstc Snmdt4rab
sh Oaanatan E~Yer ka. Z, I4f 0
'fhe Foregoing instrument was acknowledged before me This > day of ~LG G-tLST',
~, by WEST BUTTERMILK, LLC, a Colorado limited liability company By: THE
ASPEN DEVELOPMENT FUND I, a Delaware limited liability company, its sole managcr By:
FREED HERITAGE 1NVESTMBNTS, LLC, an Illinois limited liability company, ila manager
By: JFA MANAGEMENT, LLC, an Illinois limited gability company, its marmger
By: ~~ O!S eA//f/EL Ira: Aat//FEr~
My/tymmieeion expires o2~a2 d0/D. Witness my hand and official sad.
NotaryNotazy P~'
m.n.,na..; asrw
se..>n mk,rc.aw, aK . a,~ rx.l,m.
W'mngneer- nemanphk RaaN (P~tanhd)
Py.aof/
000UU6
RECEPTIONN: 541343, 08/17/2007 at 02;00:28 PN, 3 OF 4,
Sanice K. Voce Caudill, Pitkin County, CO
Order Numbar. 46267
Parcel A:
EX9IBfC "A"
LEGAL D85CRIPTION
A tract of ]end being in Lot 13, Section 3, 7owmhip l0 South, Range SS Wwt of the Sixth Principal
Meridian described es follows:
Hegiming st a poim from which Otn South l2uMer Comes, Satbn 3, Towoship 10 South,
Ringo 83 Wwt ofthe Sixth Prmipal Maridien bean South 47°43' Wwt 999.23 feet;
thence Noah Ol°39' West 130.39 &et to the Stxtthwesterly edge of a fight of way,
Weaa Stmth 52°21 • Eeat114.33 feet ahmg the southwesterly edge of the right of way;
thecae South 30°47' East 128.67 feet along the edge of the right of way;
Wang South 37°37' Hest 54.73 feet along the edge of the right aCway;
theme South 24°09' Ewl 136.62 feet along the edge of the right ofway;
thence South 31 °41' Feat 116.34 feet along the edge of We right of way;
Wince SouW 22°03' East 66.41 feet more or less to We South line oPLot l3;
thence BouW 69°41' Wwt 353.73 Peet, mein a leu, along the SouW lien of Lot 17 m a point which ie
SmW Ol°39' Eut of the point of beginning;
thence North Ol °39' Wast 352.29 fat, mom or Iwa, to We Point of Beginning.
Penal B:
A treM of Imd being in Lot i7, Sation 13, Township 10 Smlh, Range SS W eat of the SixW Principal
Meridim described w follows;
Hegimtiog at a Point from which We SeuW Quuter Comer, Satron 3, Township 10 SouW,
Rmge SS West of Wa SixW Principal Meridian bears SmW 47°4S' Weat 999,23 fat:
thence South 88°34` West 3l 1,96 feet to We Easterly edge of a right of way;
Wince SouW ] 3°06' East 210.43 feet along the edgy of We right ofway;
[henx SouW 03°27' Wwt 143.36 feat main or feu along We edge of the right of way m iho SouW Iine of
Lat 13;
thence Nosh 89°4l • Fsrt 280.78 feet along We Sotuhedy line of said Lot 13;
Ihepa North 01°39' Waal 732.29 feet mom or Iws m the Point of Beginning.
Together wNh a mnexclusive tight of iogreu and agrws along iho aforesaid right ofway and abng the
Buitertnilk Wwt Road m Stem Highway No. 82.
TogUhor wllh a nonexclmive, perpetml augments w described by Eumnent Agreement raotded May
21,2001 s, Reception Na 434606.
?ogether wleh a perpetual, nonexclusive easement and right-ofway ovor, aorou, and sling that certain
Driveway Famment Area as net forth in Driveway Faaemem Agmement raorded August 16, 2006 w
Recaption Na. 527347.
County ofPitkin, Stain ofColoroda
sw u.marr, sum
ar«ar lint orCOtp°aoaw.-A+pm denim
AamM1ad 4W DavlPa°a
Pep I °tl
OOOOG?
RECEPTIONN: Shcld3, 08/17/2007 at 02:00:26 PM, d OF d,
Janice K. Voa Caudill, Pitkin County, CO
EXHIBIT 1
EXCEP1YOl~rS
1. Water rights, claims or title to water.
2. Taxes for the year 2007 and subsequent years not yet due and payable.
3. Right of way for ditches or canals constructed by the authority of the United States, as
reserved in United States Patent recorded April 26, 1944 in Book 167 at Pege 557.
4. Terms, wndidons, obligations and provisions in regards to the water weU as set forth in
Deed recorded Septemher 17, 1970 in Book 250 et Page 739 u Reception No. 142245.
5. Tents, conditions, obligation and provisions of Agreement to Remove Restrictive
Covenants by and between Daryl Mderson, Peter R. Servo Family Partnership, L[d., a
Texas limited partnership and Amold S. Horowich and Judith E. Horowich as set forth in
instrument recorded July 13, 1999 as Reception No. 433352.
6. Terms, conditions, obligation, provision and easement of Easement Agreement by and
between Tiehack Land PeMas, I.td., o Colorado limited partnership and Daryl A. Anderson
m set forth in instrument recorded May 21, 2001 as Reception No. 454606.
7. Tams, condition, obligations, provision and easement of Driveway Pasanent Agreement
by end between Ciotdon Berson and Elaine person and Daryl A. Anderson as set forth in
instrument recorded August ] 6, 2006 u Reception No. 527547.
8. Tcrnu, conditions, obligation and provision of Administrative Decision of the Community
Development Direcmr of Pitkin County, Colorado, Approving the Anderson 1041 Hazard
Review, Decision No. 09-2007 es sat forth in intrument recorded February 28, 2007 as
Reception No. 534909 and rc-recorded March 13, 2007 as Reception No. 535368.
9. Easartmts, right of way and other matters es shown and confined oa 80 Buttemdlk Road
1041 Hazard Review Site Plm recorded Lune 27, 2007 in Plat Hook 84 at Page 46 as
Reception No. 539387.
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Nov 20 07 04:OOp Coleman Brothers 9709632104 p.12
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November 20, 2007
Ms. Suzanne Wolff
Senior Planner
Pitkin County Community Development
Re: 80 Buttermilk Lane Minor Amendment to Development Permit
Dear Suzanne:
I hereby give my consent for representatives from High Country Engineering, and for
Jeffrey Hancox to act on my behalf to process the above permit application and to act as a
representative for me the ovmer.
Sincerely,
~~- ~~
Daniel Coleman
80 Buttermilk Lane
Landowner LLC
ooooe~o
1~1
Received Time Nov•20• 4:43PM
Nov 20 07 03:57p Coleman Brothers 9709632104 p.2
AD.MIlVISTRATIVE DECISION OF THE COiOIMDNITY DEVELOPMENT DII2ECTOR OF
PTTiKIN COUNTY, COLORADO, APPROViaili• THE ANDERSON 2047 HAZARD REVIEW
Declsfea No,~-2007
1. Daryl Anderson (`Applicant") has applied fo the Community DeveMpnrent Director (herotrttor
"Director") for 1041 Hazarl Review approval to establish a building envelops with vesoed rights.
2. Tha Lot is located at 0080 Buttermilk Road end is specifically descn'bed in Exhibit A.
3. Tha property. is totted AR-10 and contains approximately 4,5 acres.
4. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is
being considered pursuant to the ]994 Land Usa Code, as amended.
5. The Director finds that the wildfire hazard within the envelopes can be mitigated, and that the
request is in compliance with the Code.
THE. DJREGTOR DOES )EIEREBY APPROVE the Anderson 1041 Hazard Roviaw subject to the
following condhions, which shall tun with the lend and ba binding on ail successors in interest:
I • The Applicant shall adhere to all conditions and material representations made in the application
end public meetings except as amended heroin.
2. Prior to submission of any future building permit applicatioru; the Applicants shall be required to
submit for approval by the County Attorney and Community Development Site Plan in accordnnce
wkh Land Use Code Section 5-70.040, which shall depict the envelopes. The above referenced
approvals shall be a condition precedent to finalization and recordation.
3. Prior to issuance of any building pattnits for the now residence, tho Applicant shall:
A. Complete a fveplacehvoodstove registration form with rho Community Development
Department, if necessary,
B. S ubmit a drainage and erasion control plan for review and approval by the County
Engineer.
C. Submit a construction management plan for review and approve! by the Courtly Engineer
showing the locations of staging, rnateriat storage and employee and construction traffic
parking.
D, Pay the applicable road and housing impact foes,
& Providepraofthattheexistingresidoncvhasbeenremoved/demolished.
F. Provide a letter ofcompliance from the Buttermilk Morro Distriq regarding water service
to t[te parcel.
4. The Applicant shall comply with the following to mitigate impacts on wihilife:
A. Dogs shall bo leashed or kenneled.
Pays; 1 or 4
I~N~~IUI~~~~~I~~~~f~IINfIB 534909
JPN1 r6 N Vea CWeSLL PIMIN CeUNTY GO R a.00 a=rip p•g~ 1:56F
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Received Time Nav•20• 4:43PM
Nov [u U/ lli:b/p Coleman Brothers 9709632104 p.3
Nearing Oliicer Determination No:QQ.2pOg
Page 2
H. Fencing outside ofthe buildiag envelope shall comply with the wildlife fatting
stmdards in the Land Use Cade.
C. Install and use en approved bear-proof trash container as required by the County,
D• Maintain naBve vegetation outside of the building emelopa.
E• Avoid fruit-bearing trees and shrubs in atry landscaping.
The Applicant shall comply with the following landscaping and wildfire defrosib[e space mitigation
standards as can be accomplished within the boundaries ofthe property:
A. From the edge of any structure, or deck projtxtion, for a distance of 1 S', vegetation shall be
less than ti" In helgfit, with the acception of if the Applicant desires to maintain or plant one
or ritore ornamental trees, in which case vegetation shah be kss than 6" for I S' beyond the
drip line of the expected maturo size ofthe trees.
B. Beyond the I S' area, and up to 45' from the edge ofany structures down the slope, and 35'
cross slope and up slope maintain grasses to less than 6", and thin and cluster brush and
trees' Low°r lir°bs ofu'ees attd bashes shall be [xvned to !z the height ofthe tress, or J 0',
wh ichevar is less, Clusters of trees sad bushes o[ shrubs shall be separated from each
other, and from those beyond the perimeter by a distance of 2 ~ times the height of the
mature vegetation. The diameur of clusters at their crown shall not exceed 2 Y, times the
height of the mature vegetation.
C. All dtinnad snowberry, serviceberry or chokecherry stamps mustbe painted with Cazlon,
(or equivalatt) herbic[de to prevent agg~ivo re-sprouting.
D• All branches which extend over the roof eaves shell be trimmed and all branches within -5
feet of the chimneys shall be removed.
E. All deadfall within the 60-foot perimeter shall be removed.
F• The Applicant shall be responsible for the continued maintettance oftha defensible space
vegetation requirements.
6. The Applicant shall comply with the following additional wildfire midgation standards:
A• Roofs shall be constructed with a Class A roof covering on a Class A assembly as defined
in the Lttemational BuiWirrg Coda (IBC) Section ISOS.2. Wood shake/shingle roof
coverings ere pthibited. Roofs with less than a3:12 pitch are not permitted unless they
comply with the fotbwing:
1, All roofwveringsshall be noncombustible materialsand installed an a
Class A roofassembly.
2. All roof coverings shall have a surface that shall facilitate the natural
process of cloarutg the roof.
3. All roofdesigns shall facllitata the natural process ofclearingroof debris.
Protmsions above the rooFline, such as parapets, shall be prohibited.
4. Roofs shall 6e installed as required by the adopted buildiag code and shalt
have a minimum sbpe of I :48.
5. All roof designs, coverings yr equivalent assemblies shall bo specifically
approved bytha Fire Marsha!) prior to submittal ofa building permit
B application.
Frgjecdons:
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Received Time Nov•20. 4:43PM
Nov 20 07 03:57p Coleman Brothers
Administrative Drfaion No( C~.Zp07
Page 3
9709632104 p.4
~~~~~Y~~~~`~~~~~~illl 534909 ot:uor
JaNtea x Vea WUOILL PIM1N WIWrY co R 0.00 D 0.@D
1. Projections at the roofline {which includes, but arc not limited to: eaves,
comitta, soffits and roofs over open decks) shat] be sheathed with
materiels approved for one-hour fire•resistiva wnstruction:
2. For projealons below the roofline (including, bul not lirnfted to: exterior
balconies. decks, porches, and bay windows which extend over a gat or
sloped surface), the open space between grade and tttc underside of
projections below the roofline shall be enclosed by so[id, vertical walls.
These walls shall be constructed with materiels approved fortxte-hour
fate-reaistira construction on the exterior aide ofthe wall, and shall
elttend from the tap of grade ro the undenlde of the floor decking ar
walls of the projeotio0. ANB:
3. Any porch or deck or projection shall be void of vegemtion below it; and
areas below such projections shall be proucted from accumulation of
vegetation materials by placement of a vegetation barrier covered with
rucks or gravel, or by coverege with concrete or stone. Walls underneath
Projections shall be constructed with materials approved For J hour
firercslstive constmction on the exterior side of the wall.
C. ~ Any windows shalt be tempered glass. Doors on this side (If any} shall be non-
combustible, or l3;" solid wood.
D• Exterior Walls and Siding shall have a minimum one-hour faro resistive.
E. Foundations, skhting and crawl space openings shall be fatly enclosed and
• constructed with materials approved for c how faro-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls,
F• Stilt formdatians shall 6e firlly enclosed and constructed with materials approved
for I how fire-tesistivc consWctian on the exterior side of the walls and shall
extend from the top of grade to the underside of the door decking or ways (not
including porches, patios, elc.).
G. Vents shall be screened with corrosive resispnt wire mwh with mesh'/s loch maximum.
H. Flrcwood/wood piles shall be stacked on a parallel contour a minimum oft 5 feetaway
From the atrueturo,
1• Fences shall be kept clear of brash and debris,
)• Wood fences shall not connect to rice struaurc.
K. Any ombulldmgs or additional swctures shall adhere to the same standardsas structures.
L• Fuel tanks shall be installed underground with an approved container.
M. Propane ranks shall be installed accordMg ro NFPA 48 standards and on a contour away
from the structure wiih standard defensible apace vegetation mitigation around arry above-
ground tank. Any wood anckuure around the tank shall be oonstrtrcted with materials
aPPfD'~ed for 2 hour firaresistive construction on the exterbr side ofthe walls.
N• Each structure shall have a minimum ofone 10 pound approved ABC fire extinguisher
placed in a visible and accessible location-
O. Addresses shall be cirarly marked with 2 inch non-combustible letters cad shall tre visible
and installed on a non-mmbtrstbk peg,
P• All flammable tnatettials shall be stored on a parallel contour aminimum of 15 feet sway
from any structure,
Q• Swimming pools shalt ba accessihb to Firo pepanment vehicles.
R• Any fire depaetment recommendation for individual structure water supplyend atOrilge
shall be accessible to fire deperbnent vehicles from the exterior of the structure through a
0001?
Received Time Nov.20, 4;43PM
Nov 20 07 03:58p Coleman Brothers 9709632104 p.5
Administrative Decision No{~.2007
Page 4
Fire Department approved mechanism (such as a fire hydrant). The amount of storage
capacity steal l b¢ dtttermined by the Plre protection district
' S. New utility lines shall be buried,
T. Roofs and gutlMS steal I be kept clear of debris.
7. No development, including grading, excavation, fill pktxment, terming, landscaping, entry or
ranch gates, end vegelatiaa removal or disturbance shall occur outside of the approved building
[andlor] access envelope except for wildfire mitigation, Construction, staging, parking, utility
end driveway extension end maintenance shall occur within approved building envelope, or
acceasenvelopa.
8. Prior to commatcement of arty rauthmoving or consWction activity, the Applicant shall stake the
corners of the balWing envelops etld install consauctien fencing around the perimeter of th¢
building envelope, Tha fencing shall remain in place until issuance of Cartifiwte of Occupancy.
No vegetation stall b¢ damaged or removed outside the building envelope.
9. Any areas disturbed outside the building envelope must b¢ revegetated with native vegetation
according to a revegetation plan submitted by the Applicant and approved by the County prior to
issuance of a Certificate of Occupancy,
10. The exterior of the residence shall be finished in dre natural earth tones of the immediate
vicinity, as represented in the application. Roof and aiding materials shall benon-reflective.
Color and material samples shall be provided to Community Development for approval prior to
issuance of building permits,
11. At time of building permit submittal a landscape plan shall be submitted and approved by
Community Development prior toissuenceofabuildhtgpermit. Aspecificvisualmitigation
plan for the southern retaining wall fvr rho main residence end rite retaining associated with the
access shall be submitted as pate oftha landscape plan. Included in the plan shall be retaining
wall design and coloration, as well as methods for minimizing the visual impacts.
12. The Applicant shall comply with the requirements oftlta Aspen Fire Protection DisUiM
13. Statutory vaster! rights for the approval contained herein era granted pursuant to the Pitkin Couoly
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Firkin County Lund
Use Code, § 4-140 and C.R.S., § 24.6&105. The statutory vested righu granted herein shell expire
err z l l~•
APP~R/OVEDbytheDirector,this (~dryof2007.
eC a....a C~ ~1A„ ~,r C t~'
Cmdy Houben, Community Development Director
P 184-06
PIDd1273503400036 '~'I,ul'Ip'~p~yl~Ll~l,~~l'~pf~u§~~ ~89~90 tract
00001` N1tll~ 0 0
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Received Time Nov•20• 4:43PM
Nov LU U/ U3:5kfp Coleman Brothers
9709632104 p.6
iyllll~l~lll~~~III~IIIIIIII~NIIIRIa~35~~ e1:,,t
ADMINISTRATIVE DECISION OF TAE CO11fi17UPlITY DEVELOPMENT DIRECTOR OF
Pl2'KIN COTINTY, COLORADO, APPROVING THE ANDERSON 1041 HAZARD REVIEW
Deciaioa No.~ 2007
~, 1(tECTCALS
1, Daryl Anderson ("Applieant'~ has applied to the Community Davelopmmt Direclnr {hereafter
"Director") for 1041 Hazartl Review approval to establish a building envelope with vested rights.
Z. The Lot is located at 0080 Buttermilk Road and is specifically described in Exhibit A.
3. The property is zoned AR-l0 and contains approximately 4.5 acres.
S 4. The Applicant submitted a complete application prior to July 6, 2006, therefore, the appHcetion is
being considered pursuant to iho 1994 Land Use Code, as amended.
5. The Director fmds that the wildfire hazard within the envelopes can be mitigated, and that the
request is in compliance with the Cade.
THE DIRECTOR DOES HEREBY APPROVE the Anderson 1041 Hazard Review subject to the
following conditions, which shall run with the land and be binding on ail sucxswrs in interest:
I. The Applicant shall adhere to all conditions end material representetlons made in the application
and public meetings except as amended herein.
2. Prior to submission of any furore building permit applications, the AppKcants shell be required to
submit for approval by, the County Attotdey and Community Devetoprnent Site Plan in accordance
with Land Use Code Section 5-70-040, which shall depict the envelopes. The above referenced
O1 approvals shall be a condition precedent to finapzation and rxordation
3. Prior to issuance of any building permits for the new residence, the Applioanl shall:
A, Complete a fireplacehvoodstove registration form with the Community Aevalopment
Department, if necessary.
8. Submit a drainage and erosion control plan fnr review and approval by the Coonty
Engineer.
C. Submit a constructidn management plan for review and approval by the County Engineer
showing the locations of staging, material storage and employee and construction traffic
parking.
D. Pay the applicable road and housing impact fees.
E. Provide proofthat the existing residence has bean removed/demolished.
F. Provide a letter of compliance from the Buttermilk i4letro District regarding water service
to the parcel.
4. The Applicant chall comply with the following to mitigate impacts on wildlife:
A. Dogs shall be leashed or kenneled.
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Received Time Nov•20. 4:43PM
Nov 20 07 03:59p Coleman Brothers 9709632104 p.7
~~~~~~IW~~~~~~~~All~l P535368a
.ieVleE K V05 pUJptLL PITKIN Ca11K1Y CO R a.00 e3/tap e0~003:M1
Hearing OfScer Determination No~Q-2008
Page 2 '
B. Fencing outride of the building envelope shall comply with the wildlife fencing
standards in the Lend Use Code.
C. install and use an approved bear-proof trash container as required by tlx County.
D. Maintain native vogetadan outside of lira building envelope.
E. Avoid fruit-bearing trees and shrubs in any hudscaping.
5. The Applicant shall comply with the following landscaping and wihtfre defensible space mitigation
standards as can 6e accomplished widtin the boundaries of the property:
A. From the edge ofany structure, or deck projection, for a distance of 15', vegetation shall be
less than 6" in height, with the exception of if die Applicam desires to maintain or pfam one
or more ontariaental trees, in which case vegetation shall be less than 6"for IS' beyond the
drip line of the expected mature size of dte trees.
B. Beyond the 1 S' area, end up to 45' from the edge of any sutecturos down the slope, and 35'
cross slope and up slope maintain grasses to less than 6", and thin and cltuter brush and
trees. Lower limbs of trees and bushes shall be pruned to'F. the heig[tt of the trees, yr 10',
whichever is less. Casters of trees and bushes or shrubs shall be separated from each
other, end from those beyond rho perimeter by a distance of 2'/:times the heig#tt of the
mature vegetation. The diamder of clusters at then crown shall cot exceed 2'h times the
height of the maturo vegetation.
G All thinnest smwberry, serviceberry or chokechxry stumps must be painted with Garton,
(or equivalent) herbicide to prevent aggressive re-sprouting.
D. All branches which extend over the roof eaves shall be trimmed and all bmnchas within 15
feet of the chimneys shall be removed.
E. All deadfall within the 60-foot perimeter shall be removed.
F. The Applicant shall be responsible fortha continued maintanattco oftha defensible space
vegetation requirements.
6. The Applicant shall comply with the fallowing additional wildfire mitigation standards:
A. Roofs shall bewnstructod with aClass A roofcoveringon a Class A assattbly as defmcd
in rho Intemadonal Build'mg Code (LBC) Section 1505.2. Wood shake/shingle roof
coverings are prohibited. Roofs wish less than a 3:12 pitch are not permitted unless they
comply with the fo[lowmg:
i. All roof coverings shall be noncombustible materials and installed on a
Class A roofaesembly.
2. All roofcaverings shall have a surface that shall facilitate the natural
process ofclearing the roof.
3. All roof designs shall facilitate the natural process ofclearing roof debris.
Protrusions above she tvofllne, such as parapets, shall beprahibited.
4. Roofs shall be installed as required by the adopted building wde and shall
have a minimum slope of 1:48.
5. All roofdesigns, coverings or equivalent assemblies shall be specifically
approved by theFire Marshall prior to submittal of a building permit
application.
B. Projections:
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Received Time Nov•20~ 4:43PM
Nov 20 07 03:59p Coleman Brothers
0 0 ~''' ":
9709632104 p.8
Administrative Decision No(,~-2007 ~ I~I, N'~ ~ ~~t~"w ~~u ~ ~~ R ~ !^~ 5zi ~r2ai~ r :sat
Page 3
f. Projections at the roofline (which includes, but era not lmited to: eaves,
wrnicea, soffits and roofs over open decks) shall be sheathed with
materials approved for oce-hourtire-resistive cortsdvction;
2_ Far projections below the roofline (inolud[ng, but not limited to: exterior
balconies, decks, porches, and bay windows which extend ovary flat or
sloped surFace), the open space between grade end the underside of
projections below the roof3ine shall be enclosed by solid, vertical walls.
These walls shall be conatroaed with materials approved for one-hoar
firaresistive constuction on the exterior side of the wall, and steal I
extend from the top of grade to the underside of the floor decking or
walls of the projection, AND:
3. Any porch or decker protection shall be void ofvegetation below it, and
areas below such projections altall be protected from accnmulattan of
vegetation materials by placement ofa vegetation barriercoverod with
rocks or gravel, or by coverage with concrete or stone. Walla underneath
projections shall be constructed with materials approved for 1 hour
fireresistive constnrction on the exterior side of the wall.
C. ' Any windows shall be tempered glass. Doors on this side (if any) shall be non-
combustible, or l is"solid wood.
D. Exterior Walls and Siding shall have a minimum one-hour fire resistive.
6. Fotmdations, skirting and crawl space openings shall be fully enclosed and
• oonstructod with materials approved for 1 trout fve-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
fire floor decking or walls.
F. Stilt foundations steal I be fully enebsed and constructed with materials approved
for Ihour flee-resistive construction on the exterior side of the walls and shall
extend from the top ofgrade to the underside ofthe Floordecking or walls (not
including porches, patios, eta).
G. Vents shall be screened with corrosive resistant wire mesh with mesh'/4 inch maximum,
H. Fircwoodlwood piles ~aU be stacked vn a parelld contour a minimum of 15 feet ewey
fmm the structure..
1. Fences shall be kept clear of brush and debris.
~, Wood fences shall not connect to the structure,
K. Any outbuildings or additional structures shall adhere W the Berne stardards as structures,
L, Fuet tanks shall be)nstalled underground with an approved container.
M. Propane tanks shall ba installed according to NFPA 48 standards and on a contourawey
tinm the structure with stmrdard defarrsible space vegetation mitigation around any above-
ground tank, Any wood enclosure around the tank shall be wnspncled with materiels
approved for 2 hour £uc-resistive construction on the exterior side ofthe walls.
N, Each structuro shall have a minlmurn of oae 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addres@es shall ba clearly marked with 2 inch non-combustible fetters and shall be visible
and installed on a noncombustible post.
P. All flamrrwble materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
Q. Swimming pools shall be accessible to Fire Department vehicles.
R. Any fire deparnnent recommendation for tndividueI swcture water supply and storage
shall beff accessible touufffire department vehicles from the exterior of the atructuts through a
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Received Time Nov•20. 4:43PM
Nov 20 07 03:59p Coleman Brothers
9709632104 p.9
jI~111IlUYRI~~~lll~l~lilglil~lllRR~05w6D s~s
AdministrativeDecisivnNo~;2007 B8/Sa/2007 eI:MI
Page 4
Fire Aepattment approved tttechanism (such u a fire hydrnat). Tha amount of storage .
capacity shall Ite determined by the fire protoction district.
S. New utility lines shall Ira buried.
T. Roofs and i3uaersahal[ be keptclear of debris.
7. No devebpment, including grading, excavation, fill placement, terming, landscaping, entry or
ranch gates, and vegetation removal or disturbance shall occur oasside of the approved building
[and/or] access enveiopo except for wildfire mitigation. Construction, staging, parking, utility
and driveway extension and maintenance ahafl occur within approved building envelope, or
accessenvelope-
8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
comers of the building envelope and install construction fencingaround the perimeter ofthe
building envelope. The feaciog shall rwr:ain in place urrti) issuance of Certificate ofOocupancy.
No vegetation shall be damaged or removed outside the building envelope.
9. Any areas disturbed outside the building envelope must be revegeteted with native vegetation
according to a revegetation plan submitted by the Applicant and approved by the County prior to
issuance ofa Certificate of Occupancy.
10. The exterior of the residence shall be finished in the natural earth tones of the immediate
vicinity, as represented in the application Roof and siding materials shall tenon-reflective.
Golor and material samples shalt be provided to Community Development for approval prior to
issuance of building permits.
11. At time of building permlt submittal a landscape plan shall be submitted and approved by
Community Development priorto issuanaa ofa build-ing permit. A specific visas] mRigation
plan for the southam retainng wall for the main resldence and the retaining associated with the
access shall be submitted as part of the Iandacape plan. Included in the plan shall be retaining
wall design and coloration, se welt as methods for minimizing the visual impacts.
12. The Applicant shall comply with the requirements of the Aspen Fire Protection District
13. Statutory vested rights for the approval contained herein are granted pursuem to the Pitkin County
Land Use Code and Colorcdo Statutes, subject.to the exceptions set forth in Pitkin County land
Use Code, § 4-140 and.C.R.S., § 24-6&•105. The statutory vested rights grenled herein shall expire
on~jl ~ nic7,
APP~R/OVED by theme Director, this~5~ ,day oft. ZD07.
nC ._.o LXn.]M ..rt~
Cindy Houbcn, Community Development Director
P1g4-06
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Nov 20 07 04:OOp Coleman Brothers 9709632104 p.10
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Parcel#27350340D036
Received Time Nov.20. 4:43PM
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Davis Horn~-
PLANNING & REAL ESTATE CONSULTING
August 1, 2007
Dan Coleman
Coleman Brothers Construction
Post Office Box 729
Carbondale, Colorado 81623
Re: Due Diligence Land Use Analysis of 0080 Buttermilk Lane (Parcel ID #
2735-034-00-036)
Deaz Dan:
As you requested, we have researched land use issues associated with the development of
a new single-family dwelling unit to be located at 0080 Buttermilk Lane, Pitkin County
Colorado (Parcel ID # 2735-03400-036). This letter documents our findings.
Existing Conditions
The subject property is improved with a single family dwelling unit and contains
approximately 4.5 acres of land. The site is zoned AR-10 and is located within the
"Urban Growth Boundary" (UGB). The minimum lot size in the AR-10 zone district is
10 acres; however single family development is permitted on separately developable,
legally created lots which are less than the minimum lot size in the zone. Millazd has
asked the title company to provide documentation that subject lot was originally created
prior to the enactment of County subdivision regulations in 1972 and is separately
developable because it has not been in common ownership with a contiguous lot since
1972. We are waiting for the report from the title company. If a merger has occurred,
we will need to seek a solution with Pitkin County.
House size in the AR-] 0 zone is limited to 15,000 square feet of floor area. There is not
a floor area ratio in the AR-10 zone. Consequently, floor area is subject to compliance
the Rural Area floor area definition (see Attachment 1). The Rural Area floor azea
definition does not exempt basement and garage space from floor area.
The property is in a moderate to severe wildfire azea and has some steep slopes in excess
of 30 percent. Site development requires Pitkin County 1041 Environmental Hazard
Review approval which the property owner has obtained.
Existing Land Use Approval
On February I, 2007, Pitkin County approved Administrative Dccision 09-2007
Approving the Anderson 1041 I•Iazard Review (the Decision, see Attachment 2). The
ALICEnAy15 AICP i GLENN HORN AICP
215 SOUTH MONARCH S[• 5{~ 104 • ASPEN, COLOR,flpp a 161 1 •9701925-6587 • FAX: 970!925-5180
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current owner, West Buttermilk LLC, acquired the property from Daryl Anderson. The
Decision finds that the land use application for the property was certified as complete
prior to July 6, 2006, the date the new Pitkin County Land Use Code was adopted. This
is significant because the subject property has a Vested Property Right based upon the
Land Use Code in effect on July 5, 2006. A Vested Property Right enables the property
to be developed based upon the land use standards in effect on July 5, 2006. The Vested
Property Right will expire on February 1, 2010. The development approval granted to
the subject property will lapse on February 1, 2017. When development approvals lapse
the property no longer has any land use entitlements.
The Decision includes approval conditions which will restrict site development (see
Attachment 2). The approval conditions in the Decision are typical for West Buttermilk
lots. Most of the conditions address wildfire protection and development on steep slopes.
All development must take place within the approved development envelopes which are
depicted on the 80 Buttermilk Road 1041 Hazard Review Site Plan recorded at Plat Book
84, Page 46 (see Attachment 3). Conditions 10 and 11 of the Decision aze noteworthy
because they require additional County staff reviews of house materials,landscape plan
and retaining wall design.
Development is defined as any material change to the appearance of the property.
Structures, driveways, utility lines, landscaping, vegetation manipullttion and on site
waste water disposal systems all are forms of development. As noted above, all forms of
development with the exception of wildfire mitigation must be located in the approved
development envelopes depicted on the recorded Site Plan.
Surprisingly, the Decision does not require that site development be contingent upon a
Scenic Overlay Review. When the application was filed, the subject site was not within a
mapped scenic azea. Subsequently, Pitkin County adopted new scenic mapping which
encompasses the site.
If the property is developed after the expiration of Vested Property Rights, site
development must comply with the Land Use Code in effect at the time. As you know
the Code adopted on July 6, 2006 is more restrictive than the prior Code. Currently, the
Code entitles the subject property to be developed with 5,750 square feet of floor area by
right. In order to develop more than 5,750 squaze feet of floor area a residential Growth
Management Quota System (GMQS) allotment or exemption is required. Residential
GMQS allotments maybe obtained via a competitive land use process. There are
competitions for floor area twice a year. It is difficult and expensive to compete in this
process. Success is uncertain.
In order to obtain a GMQS exemption for more floor area, the property would be subject
to a Special Review process to be designated as a Transferable Devclopment Right
(TDR) receiver site. The property may be approved for the use of up to four TDRs. Each
TDR entitles the property to be developed with an additional 2,500 square feet of floor
area up to a maximum of 15,000 square fcet of floor area. The Special Review process is
also an uncertain process and it may not be possible to be approvcd fora ] 5,000 square
Q~DU~~1
foot house. Transferable Development Rights are expensive. Cun-ently, TDR's are
selling for approximately $ 300,000.
If Vested Property Rights expire, the property will also be subject to the new Site Plan
and Scenic ("Standards for Scenic View Protection") Review processes. Site Plan
Review is an administrative review process which takes approximately three to fow
months to complete aRer the submission of a complete land use application. The County
staff will review house floor plans and elevations, driveway design, landscaping, septic
system location and wildfire protection as part of the Site Plan Review process.
Pending Land Use Approval
On June 15, 2007 the cunettt property owners, West Buttermilk LLC submitted a Special
Review and Site Plan review ]and use application for a Detached Caretaker Dwelling
Unit. A public notice for the proposed land use activity has been posted and published.
Pitkin County will accept comments on the proposal until August 17, 2007. Soon after
August 17, 2007 the County will issue and another Administrative Decision which wil]
probably grant approval for the Caretaker Dwelling Unit (CDU) and the Site Plan review
for the CDU?
Attachments 4 and 5 are copies of the new Site Plan and CDU elevations and floor plan.
If approved, site development must comply with Attachments 4 and 5. The CDU is not
mandatory and may be built at the property owner's discretion. If constructed, the CDU
needs to be deed restricted. The deed restriction will not require the unit to be rented,
however when the unit is rented it needs to be rented on a full-time basis to a ]ocal
resident. A CDU maybe rented to family members. The maximum size of a CDU is
1,000 square feet of livable area. The definition of livable area is slightly more liberal
than the floor area defmition (see Attachment 6). For example, mechanical rooms and
storage areas not internally connected to the CDU are not included as ]ivable area. The
entire floor area of the CDU is included in the 15,000 squaze foot floor azea limitation of
the site.
Summary
This letter has described the existing conditions, existing land use approvals and the
pending land use approval. The existing Vested Property Rights established in
Administrative Decision 09-2007 are a key factor affecting the development potential and
value of the subject property. The Vested Property Rights will expire on February 1,
2010. It is important that a complete building permit application be filed for this property
prior to the expiration of Vested Property Rights.
The analysis in this letter is based upon our review of the facts, experience doing Land use
work in Pitkin County and our understanding of the Pitkin County Land Use Code. As
you know, the County's land use standards are somewhat subjective and interpretations of
the Pitkin County Land Use Code may vary with changes in staff and elected officials.
00001:
The Boazd of County Commissioners is ultimately responsible for Code interpretations.
No warranty of the facts, opinions or interpretations contained in this analysis is either
expressed or implied by Davis Hom Incorporated.
Sincerely,
DA S ORNINCORPROATED
GLENN HORN AICP
8-01
D. The site is limited to one acre or loss..
~~~ ~
-.~,,,
FLOODPLAIN means an area adjuceni to a watercourse, which area is subject to Flooding as
the result of the occurrence ut'an intermediate regional flcwd and which area thus is so adverse to
past, current or Ibreseeable construction or land use as to constitute a significant hazard to public
health and safety or to property. The term includes, but is not limited to:
A. Mainstream floodplains.
f3. Debris-fan floodplains.
C. Dry wash channels and dry wash floodplains.
Where the intermediate regional flood has not been determined, floodplain shall mean an area
which is five vertical feet (5') or twenty horizontal feet (20'), whichever is greater, from the high
water line ~r the high water profile of the maximum Flood of record, whichever method of
computation is greater, on any river, stream, or natural drainage channel.
FLOOR means the top surface of an enclosed area in a building; i.e.. the top of the wood
flooring in wood frame construction. The teen includes the floor ofan area used for garages, indoor
parking areas, storage accessways, breezeways, stairs, elevator shafts, basemenu and accessory uses
and structures. ,
FLOOR ARF,.A means the sum of the gross horizontal surfaces ofeach floor of a building or
S~ ~~ sttucturc. In calculating floor area, the following rules apply;
r A. For properties within the Rural Area and pmperties within the Aspen Area Urban Growth
9~` 3oundary not subject to floor area ratio restrictions through underlying zoning, the following s,'tall
apply to the calculation of floor area:
1 • General: ]n measuring floor area, all dimensions shall be taken from the outside face of
~ framin or other rim
' g P ary wall members or from the center line of walls separating adjoining units of
a building or portion thereof. Fireplaces, elevators, stairs and similar features are included in the floor
area on each floor.
=. Measurement of Total Floor Area For a Property; In measuring floor area for a property,
for parcels under twenty (20) acres in size, all structures shall be included in the calculation, except
those enclosing wastewater treatment plants. Forpareels overtwenty (20) acres in size, all structures
shall be included in the calculation except for a~icultural buildings and structures enclosing
wastewater treatment plants.
3. RoofOverhangs and Decks: The floorarca ofa building, or portion thereof, not provided
with .surrounding exterior walls shall include the area under the horizontal projection of roof's or
Doors, when the roof or flour exceeds five feet t5'). These architceturnl projections are exempt for
IPHkm CH I~nJ 1rµ liHlc Slyly. y11 1, Mal (11-01) I Q
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five (5') nF the perimeter of each story of [hc structure. This exemption cannot be used to tmnsfcr
space between Floors.
4• Uecks, balconies, Stairways and Similar Features: Structures that exceed thirty inches
(3fl") above natural rrr finished grade, and that arc not covered by a rooFor architecturnl projection
from a building, are exempt from floorrrea f'or up (o fificen percent (I S%) ofthe approve) floor area
far the subject parcel or lot. Any areas in excess of fifteen percent (I S%) shall be counted toward
door area
5. Crawl Space: Crawl spaces shall be exempt from the calculation of Floor area, even if
exposed above natural grade, so long as the height of the crawl space does not exceed Five Feet six
inches (5'6").
6• Attic Space: That pottion ofattic space shall be exempt from the calculation of floorarea,
so long as the height of the attic space does not exceed five feet six inches (5'6").
B. For properties within the Aspen Area Urfran Growth
restrictions through underlying zoning, the following shall app
a boil
from the
included
eundary subject to floor area ratio
to the calculation of floor area;
General: In measuring floor area, all dimensions all be taken from the outside face: of
or otherprimary wall members or from the center I' a ofwalls se
or portion thereof. Veneer facades up to eight ' ches (8") in thtc' luttess halls be excluded.
culation of floor area; that portion of a Fac a which exceeds eight inches (8")shall be
• Fi aces, elevators, stairs and similar fea s are included in the fleorareaon each floor.
2.
_..~s and Decks: The floor a ofa building, orportion thereof, not provfd'ed
with surrounding exte r walls shall include th area under the horizontal projection of roofs or
floors, when the roof or ° r exceeds five fee 5'). These architectural projections are exempt for
five feet (5~ of the perimeter each story of a structure. Architectural projections may project up
to ten feet (10') and still be ex pt, so fon as the total perimeter space for a floor is less than or
equal to the total area allowed fo a fiv foot (5') exemption. This exemption cannot be used to
transfer space between floors.
3• Decks, Balconies, Stairw s Similar Features; Structures that exceed thirty inches
(30") above natural or finished grad , and th not covered by a roof or architectural projection
from a building, are exempt from oor area for to Fifteen percent (IS%) ofthe maximum floor
area allowed. Any areas in exce of fifteen pereen I S%) shall be counted toward floor area.
4. Spaces Below Na 1 Grade for principal Sin e-Family and Duplex Residences: Spaces
below natural and finished de, up to a maximum of twe feet (20') in depth and which include
no more than a single sto ,are exempt from Floor area c ulation up to a maximum of four
thousand (4,000) square f t offloor area. Floor area below natu
the four thousand (4,000 square foot exem [ion and finished grade which exceeds
allowablef]oorarea.lf n artofthebe;lnw_ Irrondcdhereinsh count toward the calculation of
(such as walkout ba • meet, walls or cuurts~ htlecntirc belo,~sed a ve natural ur finished grade
grade ar shall fx: included in the
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PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
November 30, 2007
Jeffrey Hancox
JeffrevCa~midlandesi .com
Re: 80 Buttermilk Lane Landowner LLC Minor Amendment to Development Permit
(CASE P171-07; PID 2735-034-00-036)
Dear Mr. Hancox:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in chazge of the review will request the information from you directly.
If you have any questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Bonnie Waechtler
Administrative Assistant
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Aspen Fire
Pitkin County Engineer
West Buttermilk Metro District
FROM: Suzanne Wolff, Community Development Department
Re: 80 Buttermilk Lane Landowner LLC Minor Amendment to
Development Permit
(PID 2735-034-00-036; Case P171-07)
DATE: November 30, 2007
Attached for your review and comments are materials for an application submitted by 80
Buttermilk Lane Landowner LLC. The Pitkin County Community Development Director
will review the application.
Please return your comments to me by Friday, December 28, 2007.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
lase Suzanne WoHf, Gammunity Development Deparanent
horns Ed Van Walreven, Fire Marshal
CC4
DsNe January 4, 2008
Brae 80 ButtsnniMc Lane landowner LLC Minor Amerbmer~ PID 2735-034-00-036; Case
P 171-07
Suzanne,
This minor amendment shy take info consideration the rneirst~ning of Fire Deper6rserst
Aooees (Inlertrational Fire Code 2003 EdNtors Section 503), fuming around of fire departrrserlt
apparahss (if aaoa8s is a dead end and in exos~ of 150 fast)
Thank you,
Ed
PITHIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Suzanne Wolff
FROM: Catherine Berg, Planning Engineer
Re: 80 Buttermilk Lane Landowner LLC
DATE: December 27, 2007
After reviewing the application I have the following comments:
1. Condition 11 of Admin. Decision 09-2007 should be changed to say "At time of
Access Permit..." rather than "At time of Building Permit... ".
2. A condition of approval should be added which states:
"For a maximum ofone-hundred (100) linear feet per lot or parcel, the
driveway may encroach on slopes between thirty (30) percent and a maximum
of forty-five (45) percent gradient. The maximum of one hundred (100) linear
feet of permitted encroachment shall be measured along the centerline of the
driveway."
3. Retaining walls greater than four (4) feet in height shall be supported by
appropriate engineering and reviewed and approved by the County Engineer.
4. A utility envelope should be delineated; there will need to be some trench work
completed to connect the building envelope to the ISDS envelope.
Buttermilk Metropolitan District
I33 Prospector Road, Suite 42I0
Aspen, Colorado 8I6I I
Joyce Amico, President Vince Santucci, Vice-President Charles Malkemus, Treasurer
Tom Sando, Secretary Jeff Yusem. Director Gary Beach. Manager
December 28, 2007
Suzanne Wolff
Pitkin County Community Development
I30 South Galena Street
Aspen, CO 8I6I I
Re: 80 Buttermilk Lane
Dear Suzanne:
The Buttermilk Metro District does not object to the proposed relocation of the driveway access for 80
Buttermilk Lane. All connections between the driveway and Buttermilk Lane must comply with the
standards and specifications of the District and all appropriate fees must be submitted to the District prior
to use of District roads for constmction.
Questions about District fees. construction specifications or future water service should be directed to me.
Sincerely,
By
each
Manager
0275 80 BM Ime access.wpd
cr. file
Tel. 970-925-3475 Fax. 970-925-4754
COI~JNITY DEVELOPMENT DEPARTM~
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526
Pitkin County
Land Use:
172 Boazd of Adjustment
159 County Land Use Code
174 Flat Fee
162 Zoning and Sign
169 Public Notice+
160 Planning Enforcement
175 Hearing Officer
Referral Fees:
210 Airport
LUCO1 County Clerk
193 County Engineer
194 Environmental Health
208 Historic
198 Housing
190 Land Management
209 Redstone HPC
206 Wildlife Officer
Building Fees:
170 Boazd of Appeals
105 Building Permit
120 Electrical Permit
195 Energy Code Review
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection
152 AVFD Fire Marshal
158 BFD Fire Mazshal
Other Fees:
155 Use Tax
165 Copy
PZ005 Master Plan Copy
185 Park Dedication
IS GIS Requirements
161 Housing Impact Fee
B1200 B.E.S.T. Test
B 1202 Road Impact Fee
B1203 School Impact Fee
B1212 Code Books
EH025 Air Quality Impact Fee
Other
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NAME: V' ` J (.L+(. I ~Fi (U ' ~ ~ ~ l~ ~Y~
ADDRESS/PROJECT:
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PHONE: ~~ C~ -~ `~
CHECK# ~ /5 7
CASE/PERMIT#:/~/~ ~ ~ ~zLl r'~~o ?~ CO
DATE: ~'~ Z.(e6/~'~-- INI"DIAL:
RECEPTIONM: 573028, 013/26/2010 at 09:07.37 AM, 1 OF 1, R $11.00
...----'----
Janice K. Vas Caudill, Pitkin County, CO PLAT BK 94 PG 31
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N COLEMAN 6R071iERS CONS'T'RUCTION [ ^x � c °LL HIGH COUNTRY ENGINEERING, INC. '"' A ` ° " ;�, NO DATE Rf.Vl9ION By CALL UTILRY NOT,FICATION
0 1 1 Q PITKIN COUNTY. COLORADO 1 : � 'P C:EN,'EROCCO-Li
�RECeu EN I 11/ 19/07 MOVED ACCESS ENVELOPE SPG
1517 BLAKE AVENUE. STE 101, GLENWOOD SPRINGS, CO 1001 SPG i $D4922 - 1967
80 BUTTERMILK ROAD HOE'` on 534 00700 IN ME, no DENVER
PHONE (9701 945-8676 FAX 945 - 2555 [MTV
2 8 UPDATED MAP RPK
y S T (:ALL 2 BUSINESS DAYS IN ADVANCE
1041 MAPPI y Mils /o� 4qE GRADE
8 Q 1 • C N VA lp 0 WWW.HCENG.COM ".- E % AVAT0FOR TH A A IN GOf
EE.¢ 1041 LOT 13 UNDERGROUND MEMAFA UTiLiT1E
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