HomeMy WebLinkAbout1100 Black Birch Application Addendum_20240105
December 20, 2023
Sophie Varga
City of Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Stream Margin Review Appeal for 1100 Black Birch Drive, LPRP Mill LLC, Lot 10
black Birch Estates Subdivision (Parcel ID # 2735-013-07-017)
The following attachments are referenced in this addendum:
1. Existing Conditions Improvement Survey delineating existing and proposed top of slope.
2. Ordinance 22-1995
3. 1993 Land Use Code Section 7-504
4. Proposed Site Plan
5. Irrigation Water Right Letter from Paul Noto
6.
Per 26.435.040, an appeal of the Stream Margin Map’s top of slope determination is reviewed
through Special Review. We are requesting the following:
Section 26.435.040(8) – Appeal of the Stream Margin Special Review Top of Slope
Determination
The Applicant is requesting from the Planning and Zoning Commission an appeal of the Stream
Margins Map’s top of slope determination through special review pursuant to Section
26.435.040(8). Attachment 1 includes an existing conditions improvement survey with the existing
FEMA top of slope, delineated with a green line. A site-specific top of slope was identified by
Raul Passerini, P.E., City of Aspen Engineering Department, and is delineated in pink.
Additionally, the applicant is requesting to memorialize landscaping and improvements that
existed prior to the adoption of Ordinance 22-1995 and the language therein that adopted the
standard requiring riparian vegetation within 15-feet of the top of slope or the high waterline
(Attachment 18).
Section 26.435.20(8), pursuant to Ordinance 22-1995 states,
“(8) There is no development other than approved native vegetation planting taking place
below the top of slope or within fifteen (15) feet of the top of slope or the high waterline,
whichever is most restrictive.”
Ordinance 22-1995 is the first instance in which this language was included in the Stream Margin
Special Review Criteria. The Stream Margin Special Review Criteria from the 1993 land use
code does not contain the 15-foot riparian vegetation requirement (Attachment 2). The 1996 land
use code Section 26.435.040(8) does include this language as a component of Stream Margin
Review (Attachment 3) and the language was included pursuant to Ordinance 22-1995. The 1996
code lists this criteria as Section 26.28.040(9). The code section numbering has since been
reordered to Section 26.435.040(8), likely for organization purposes as new legislation was
adopted.
The existing landscaping and improvements within 15 feet of the top of slope and highwater
mark were constructed prior to the Applicant acquiring the property in 2001. The Applicant is
requesting exemption (or appeal) from Stream Margin Special Review 26.435.040(8) to
memorialize the existing landscaping and improvements because it predates the regulation. The
existing landscaping was in place before the current owners purchased the property in 2002. The
landscaping was developed as a part of Stream Margin Reviews that predate much of the current
language for riparian requirement along the edge of the creek (Attachments 2, 3, 4).
The property is irrigated with Tagert Ditch water and not water provided from the City of Aspen
for the Property’s inhouse domestic water uses. Paul Noto, Water Attorney provided a letter of
the irrigation water right for 1100 Black Birch Drive (Attachment 5).
Criterion 26.435.040.C.6 – Guarantee in the Event of Water Course Alteration
The above code section states,
“A guarantee is provided in the event a water course is altered or relocated, that applies to the
development and his heirs, successors and assigns that ensure that the flood carrying capacity on
the parcel is not diminished.”
The is no proposal to alter the stream course. There is no proposed development within proximity
to the river or within the river setback. The water course is not being relocated nor impacted in any
way. The Site Plan shows the extend of the proposed work is to relocate the pickle ball court to
conform with property setbacks. As stated above and in the original land use application, the
existing landscaping was established prior to the 15-foot setback for the highwater mark. There
are no proposed landscaping improvements. We are still waiting for a stamped guarantee from
Jevon Poston P.E., SGM, stating that, through the application proposing a minor adjustment to the
pickle ball court and the demolition of the Gazebo, Wood Deck, One Story Shed, and Two Story
Shed, the water course will not be altered or relocated, and the flood carrying capacity will not be
diminished.
Floor Area Analysis
Leslie Miller, True Dimension conducted an as-built analysis of the existing structure on the
property (Attachment 7). Table 1 was created in coordination with the existing conditions survey
and slope analysis to determine net lot area. There is 3,877 square feet of slope between 20%-30%,
which are reduced from net lot area by a factor of .50. There are 18,065 square feet of steep slopes
greater than 30%, which are reduced from Net Lot Area by a factor of 100. Approximately 3,600
square feet of the property is below the water level of Castle Creek. The total Net Lot Area of the
subject property is 40,103 square feet. According to the floor area calculation factor contain in
Section 26.710.080 of the current City of Aspen Land Use Code, the maximum allowable floor
area permitted on the lot is 6,536 square feet.
The existing primary residence contain approximately 10,075 square feet of floor area. The
existing residence was legally constructed and approved by the City of Aspen in ____, pursuant to
building permit no._______.
We were unable to locate building permits for the Gazebo, Wood Deck, One Story Shed, and Two
Story Shed. The applicant will raze these structure to comply with the City of Aspen floor area
limitations. The floor area analysis is shown in Table 1 below.
Floor Area Analysis - Table 1
Slope Grade % Land/Square Feet Slope Reduction Factor Lot Area Square Feet
0-20 40,103 None 40,103
20-30 3,877 0.5 1,938
>30 18,065 100 0
Total 62,045 N/A 42,041
3,600 square feet of the total land is within Castle Creek. The lot contains 65,645 square feet of total area
FA Calculation Factors (SF)
Lot Area Square
Feet Land Under Water Net Lot Area
9,000 - 15,000 42,041 3,600 38,441
4,500 33,941
100 339.41
6 2036.46
Total Allowable FA 6,536
Total Existing Permitted Sf 10,075
Total Non-Permitted SF 587
Outstanding
1. Provide a legal guarantee in response to criterion 26.435.040.c.6. Some additional items
may come up as I continue my review.
2. Letter of Map Revision
S 84°01'00" E
3
3
1
.
5
3
'
N
1
1
°
1
4
'
5
3
"
W
1
0
6
.
1
8
'
C1
S 80°46'58
"
E
1
3
1
.
8
0
'
S
2
9
°
5
4
'
0
0
"
E
1
4
2
.
7
2
'
S
0
7
°
0
6
'
1
8
"
E
1
4
.
7
7
'
S
0
5
°
3
0
'
0
0
"
W
3
8
.
9
9
'
S 88°35'15" W 123.61'
N
0
3
°
0
0
'
0
0
"
W
1
2
1
.
3
0
'
FOUND #5 REBAR
WITH 1 1/4" YELLOW
PLASTIC CAP, PLS
15710
FOUND #5
REBAR
FOUND #5
REBAR
FOUND #5 REBAR WITH
1 1/4" YELLOW PLASTIC
CAP, PLS 15710 FOUND #5 REBAR
WITH 1 1/4" PLASTIC
CAP, PLS 25947
FOUND #5 REBAR WITH
1 1/4" YELLOW PLASTIC
CAP, PLS 15710
TBM EL=7760.03'
S
CABLE
PEDESTAL
(TYPICAL)
SEWER
MANHOLE
FOUND #5 REBAR
WITH 1 1/4" YELLOW
PLASTIC CAP, PLS
15710, 49.81' WITNESS
CORNER
CONCRETE
PICKLE BALL
COURT
F.F.=7765.1'
29.5
'
1
4
.
6
'
5.0'
5.
1
'
18.4
'
1
0
.
3
'
3.0'
8
.
3
'
9.1'
4
.
1
'
4
.
1
'
8.1'
1
2
.
6
'
17.9'
9
.
9
'
17.9'
9
.
9
'
WOOD
DECK
W
O
O
D
B
R
I
D
G
E
24
"
C
P
P
18" CM
P
PUMP HOUSE
E
ELECTRIC
BOX AND
METER
E
GAZEBO
F.F.=7766.00'
RIDGE-7782.2'
*
*
*
ICVICV
ICV
ICV
ICV
ICV
ICV
I
C
V
ICV
ICVICV
IC
V
ICV
ICV
ICV
ICV
ICVICV
ICV
BB
Q
FOUND #5 REBAR
WITH 1 1/4" YELLOW
PLASTIC CAP, PLS
15710
24
"
C
M
P
48" CMP
48" CMP
FIRE
PIT
*
*
*
STATUES
(TYPICAL)MULTI LEVEL
WOOD & STONE
WITH 2ND
LEVEL DECK
STONE
BRIDGE
METAL
GRATE
(TYP.)
1100 BLACK BIRCH DR.
MULTI-STORY
WOOD & STONE
FRAME HOUSE
STONE
BRIDGE
MB MAIL
BOX
G
R
A
T
E
DYH
FIRE
HYDRANT
CTV
PEDESTAL
(TYPICAL)
YARD
LAMP
(TYPICAL)
IRRIGATION
BOX
(TYPICAL)
LANDSCAPE
LIGHT
(TYPICAL)
S
SPEAKER
(TYPICAL)
S
S
S
S
S
S
2
4
"
C
P
P
STONE
BRIDGE
D
24
"
C
P
P
STONE
BRIDGE
HOT
TUB
PUMPS
& J BOXES
S
T
O
N
E
P
A
T
H
DRYWELL
3" PVC
TR
E
N
C
H
DR
A
I
N
2
"
P
V
C
D
DRYWELL
SK
Y
W
A
Y
FLAGSTONE
PATHS AND
PATIO (TYP.)
WOOD
BRIDGE
RIP RAP
LINED DITCH
2ND
FLOOR
FIREWOOD SHED
F.F.=7765.08'
RIDGE=7771.9'
ST
E
P
WOOD
WALK
WOOD
BRIDGE
S
T
O
N
E
BENCH
4" P
V
C
LARGE
BOULDER
STONE WALL
TOE=7759.39'
TOP=7761.50'
STONE
WALL
DRAIN WITH
SUMP
20
.
8
'
16.8'
30
.
5
'
12.2'
12
.
3
'
14.7'
8.
0
'
13.4'
2.5'2.2'2.
9
'
6.7'
8.
0
'
2.7'
3.
7
'
11.0'
3.
1
'
1.2'
15
.
5
'
2.7'
11.0'
1.1'
3.4'4.0'
13
.
1
'
4.0'
1.1'
24.7'
3.
4
'
1.6'
15
.
7
'
5.0'
16
.
8
'
4.4'3.0'
4.7'
15
.
1
'
15.2'
0.3'
14.8'
24
.
9
'
2.5'
1.3'
11.6'
7.
1
'
0.9'
RIP RAP
LINED AREA
D
I
T
C
H
D
I
T
C
H
DIT
C
H
DITCH
DITCH
B
L
A
C
K
B
I
R
C
H
D
R
I
V
E
3
0
'
R
-
O
-
W
C
A
S
T
L
E
C
R
E
E
K
PINK
PIN
FLAGS
HIGH WATER
LINE (SEE
NOTE #9) DITCH
C
A
S
T
L
E
C
R
E
E
K
STONE
WALK
STONE
WALK
STONE
BENCH
STONE
BENCH
21.7'
24
.
6
'
6.2'
5.
2
'
39.4'
25
.
9
'
21.0'4.0'
2.8'
0.7'
DITCH
STONE
BRIDGE
19.2
60.6
8.5
28.1
DITCH
LOT 10
65,645 SQ. FT.
1.507 ACRES
ZONING: R-30
34.8
55.0
(BASIS OF BEARING)
15' REAR SETBACK
PER COA R-30
10' SIDE
SETBACK
PER COA
R-30
10' SIDE
SETBACK
PER COA R-30
10' SIDE SETBACK
PER COA R-30
10' SIDE SETBACK
PER COA R-30
18.4
31.9
9.3
19.8
20.1
776
0
7760
APPROXIMATE
LOCATION OF FEMA
CROSS-SECTION
STUDY LINE - 7760
APPROXIMATE
LOCATION OF FEMA
CROSS-SECTION
STUDY LINE - 7760
15' SETBACK
FROM TOP
OF SLOPE
(06/01/2021)
CO
N
C
R
E
T
E
DR
I
V
E
W
A
Y
CONCRETE
DRIVEWAY
C
O
N
C
R
E
T
E
D
R
I
V
E
W
A
Y
APPROXIMATE LOCATION
OF FEMA REGULATORY
FLOODWAY ZONE AE PER
FEMA PANEL 08097C0354E
DATED 08/15/19
(WITHIN HATCHED AREA)
APPROXIMATE LOCATION
OF FEMA REGULATORY
FLOODWAY ZONE AE PER
FEMA PANEL 08097C0354E
DATED 08/15/19
(WITHIN HATCHED AREA)
WOOD
DECK
A
S
T
R
O
T
U
R
F
BOULDER WALLS
(TYP.)
STONE
PATH
TIE
WALLS
STONE
PATH
STEPS
W
WATER
MANHOLE
F.F.
7756.95'
RIDGE
7783.4'
F.F.
7767.42'
F.F.
7758.55'
F.F.
7759.61'
CHIMNEY
7787.0'
CHIMNEY
7783.2'
F.F.
7766.06'
F.F.
7758.85'
RIDGE
7780.1'
F.F.
7758.94'
CAMERA
LOT 9
BLACK BIRCH EST.
TRACT B
BLACK BIRCH EST.
RED BUTTE
CEMETERY P.U.D.
LOT 4
BLACK BIRCH EST.
LOT 11
BLACK BIRCH EST.
LOT 4
ASPEN MEADOWS
CITY OF ASPEN
LOT 4
ASPEN MEADOWS
CITY OF ASPEN
3,600 S.F.±
OF BOUNDARY
IN CREEK
25.00
HW
HW
HW
H
W
HW
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
H
W
TOP OF SLOPE
(SEE NOTE #10)
F
.
F
.
=
7
7
7
1
.
9
5
'
STONE WALL
TOE=7757.92'
TOP=7761.51'
STONE WALL
TOE=7756.85'
TOP=7761.53'
STONE WALL
TOE=7759.39'
TOP=7761.52'
FIREPLACE
F.F.=7767.01'
RIDGE=7782.7'
F.F.
7758.94'
7758.6'
7758.5'
1 STORY SHED
F.F.=7761.87'
RIDGE=7770.1'
2 STORY SHED
F.F.=7763.97'
2ND LVL=7773.9'
RIDGE=7780.5'
10' UTILITY EA
S
E
M
E
N
T
P
E
R
P
L
A
T
B
K
3
P
G
2
4
4
10.00
10' UTILITY EASEMENT
PER PLAT BK 28 PG 51
10.00
OPEN SPACE EASEMENT
PER BK 668 PG 215
& BK 668 PG 234
T
A
G
E
R
T
D
I
T
C
H
20' TAGERT DITCH
EASEMENT PER PLAT
BK 3 PG 244
AREA OF PERPETUAL
EXCLUSIVE ENCROACHMENT
EASEMENT AROUND EXISTING
IMPROVEMENTS WITHIN
TRACT B PER REC. NO. 497925
ENCROACHMENT LICENSE AROUND
EXISTING IMPROVEMENTS WITHIN LOT 9
PER REC. NO. 517401
APPROXIMATE LOCATION
OF FEMA REGULATORY
FLOODWAY PER FEMA
PANEL 08097C0354E DATED
08/15/19 (WITHIN HATCHED
AREA)
AREA OUTSIDE OF FEMA
REGULATORY FLOODWAY
ZONE AE PER FEMA PANEL
08097C0354E DATED
08/15/19 (OUTSIDE OF
SHADING)
AREA OUTSIDE OF FEMA
REGULATORY FLOODWAY
ZONE AE PER FEMA PANEL
08097C0354E DATED
08/15/19 (OUTSIDE OF
HATCHED AREA)
TOP OF BANK PER COA
STREAM MARGIN REVIEW
MAP PREPARED BY SOPRIS
ENGINEERING
TOP OF BANK PER COA
STREAM MARGIN REVIEW
MAP PREPARED BY SOPRIS
ENGINEERING
CURVE TABLE
CURVE #
C1
ARC LENGTH
25.40
RADIUS
30.00
DELTA ANGLE
48°30'52"
CHORD BEARING
N34°31'06"E
CHORD LENGTH
24.65
SLOPE TABLE
NUMBER
1
2
3
MIN. SLOPE
0.001%
20.000%
30.000%
MAX. SLOPE
20.000%
30.000%
85000.000%
COLOR AREA
40101.79
3877.39
18065.82
NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST
DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN
THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
ByNO.Date Project NO.RevisionDrawn By:
Checked By:
Date:
Computer File:
P.O. Box 1746
Rifle, CO 81650
Phone (970) 625-1954
Fax (970) 579-7150
www.peaksurveyinginc.com
S
NW
E
P e a k S u r v ey i ng, Inc.
Es t . 2 0 0 7
1 OF 3
LPRP MILL, LLC.
CITY OF ASPEN, COLORADO
EXISTING CONDITIONS SURVEY
LOT 10, BLACK BIRCH EST.
1100 BLACK BIRCH DRIVE
JG
JRN
JUNE 18, 2021
004
7 11/07/23 UPDATE SURVEY WITH COA TOP BANK JRN
EXISTING CONDITIONS SURVEY
LOT 10, BLACK BIRCH ESTATES SUBDIVISION,
ACCORDING TO THE FINAL PLAT RECORDED
MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244 AND THE FIRST
AMENDED PLAT RECORDED JANUARY 30, 1992
IN PLAT BOOK 28 AT PAGE 51
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SUBJECT
PROPERTY
VICINITY MAP
SCALE: 1" = 2000'
PROPERTY DESCRIPTION
LOT 10, BLACK BIRCH ESTATES SUBDIVISION, ACCORDING TO THE FINAL PLAT
RECORDED MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244 AND THE FIRST AMENDED PLAT
RECORDED JANUARY 30, 1992 IN PLAT BOOK 28 AT PAGE 51, CITY OF ASPEN, COUNTY OF
PITKIN, STATE OF COLORADO.
NOTES:
1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS AND
EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT
PREPARED BY TITLE COMPANY OF THE ROCKIES AS AGENT FOR WESTCOR LAND TITLE INSURANCE COMPANY,
COMMITMENT NO. 7002330-C, DATED EFFECTIVE JULY 21, 2023.
2) THE DATE OF THIS SURVEY WAS MAY 10 - JUNE 1, 2021.
3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N88°35'15"E BETWEEN THE SOUTHWESTERLY
CORNER OF LOT 10, A #5 REBAR WITH A 1 1/4" YELLOW PLASTIC CAP, PLS 15710 FOUND IN PLACE AND THE 49.81'
WITNESS CORNER TO SOUTHEAST CORNER OF LOT 10, A #5 REBAR WITH A 1 1/4" YELLOW PLASTIC CAP, PLS
15710 FOUND IN PLACE.
4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.
5) THIS SURVEY IS BASED ON THE BLACK BIRCH ESTATES FINAL PLAT RECORDED MAY 01, 1967 IN PLAT BOOK 3
AT PAGE 244 AND THE FIRST AMENDMENT TO THE PLAT OF BLACK BIRCH ESTATES RECORDED JANUARY 30,
1992 IN PLAT BOOK 28 AT PAGE 51 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS
FOUND IN PLACE.
6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADO RTVRN GPS
NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7760.03' ON THE NORTHWESTERLY
CORNER OF LOT 10 AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT.
7) THE SUBJECT PROPERTY IS ZONED R-30 ACCORDING TO COMMUNITY DEVELOPMENT. BUILDING SETBACKS
AS SHOWN SHOULD BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIOR TO ANY DESIGN, PLANNING OR
CONSTRUCTION.
8) FEMA INFORMATION IS DIGITIZED FROM FIRM FLOOD INSURANCE MAP PANEL 0354 OF 0725, MAP NUMBER
08097C0354E DATED AUGUST 15, 2019. LOCATION OF FEMA FLOOD INFORMATION IS APPROXIMATE.
9) HIGH WATER LINE IDENTIFIED BY RAUL PASSERINI, P.E., LRE WATER AND CITY OF ASPEN ENGINEERING
DEPARTMENT.
10) TOP OF SLOPE IDENTIFIED BY RAUL PASSERINI, P.E., LRE WATER AND CITY OF ASPEN ENGINEERING
DEPARTMENT.
11) ACCORDING TO BOOK 227 PAGE 452, BUILDING SETBACKS AREAS FOLLOWS: FRONT=25', SIDES=15' AND
REAR=10'.
SURVEYOR'S STATEMENT:
I, JASON R. NEIL, HEREBY CERTIFY TO LPRP MILL, LLC., THAT I AM A PROFESSIONAL LAND
SURVEYOR LICENSED UNDER THE LAWS OF THE STATE OF COLORADO; THAT THIS EXISTING
CONDITIONS SURVEY IS TRUE, CORRECT AND COMPLETE BASED ON MY KNOWLEDGE,
INFORMATION AND BELIEF AS LAID OUT AND SHOWN HEREON; THAT THIS EXISTING
CONDITIONS SURVEY IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED,
THAT THIS SURVEY WAS MADE BY ME FROM AN ACCURATE SURVEY OF THE REAL PROPERTY
PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ON MAY 10, - JUNE 01, 2021.
DATED: NOVEMBER 07, 2023
BY:___________________________________
JASON R. NEIL, P.L.S. NO. 37935
FOR AND ON BEHALF OF
PEAK SURVEYING, INC.
COL O R A D O L I CE
N
S
E
D
P
R
O
F
E
S
SIONAL L A N D S U RVEYOR
JAS O N R . N
E
I
L
37935
CURVE TABLE
CURVE #
C1
ARC LENGTH
25.40
RADIUS
30.00
DELTA ANGLE
48°30'52"
CHORD BEARING
N34°31'06"E
CHORD LENGTH
24.65
S 84°01'00" E
3
3
1
.
5
3
'
N
1
1
°
1
4
'
5
3
"
W
1
0
6
.
1
8
'
C1
S 80°46'58
"
E
1
3
1
.
8
0
'
S
2
9
°
5
4
'
0
0
"
E
1
4
2
.
7
2
'
S
0
7
°
0
6
'
1
8
"
E
1
4
.
7
7
'
S
0
5
°
3
0
'
0
0
"
W
3
8
.
9
9
'
S 88°35'15" W 123.61'
N
0
3
°
0
0
'
0
0
"
W
1
2
1
.
3
0
'
T15
T14
T16
T17
T18
T20
T25
T29
T30 T31
T32
T33
T34
T35T36
T37
T74
T76
T73
T75
T106
T105
T118
T168
T165
T163
T177
T198
T142
T143 T144
T133
T131
T129
T128
T124
T122T121
T111
T109
T126
T127
T130
T132
T137
T150T148
T155
T154
T2
T3
T4
T5
T8 T9
T10 T11
T7T6
T13
T12
T45
T42
T72
T70
T69
T68
T67
T66
T65
T64
T63
T62
T39
T38
T41
T40
T48
T47
T53
T50
T58
T46
T51
T52
T54
T55
T56
T49
T57
T59
T60
T61
T19
T21
T22
T27
T28
T23
T24
T71
T79
T77
T82
T83
T86
T88
T89
T90
T94
T99
T100T101
T102T103
T104
T91
T84
T85
T87
T78
T93
T95
T92
T96T97
T107
T119
T120
T123
T125
T117
T115
T112T113
T167
T166
T164
T173T172
T171
T169
T170
T189
T190
T192 T191
T193
T196T197
T201
T200 T199
T202
T203
T204
T206
T208
T209
T210
T211
T214
T212
T213 T215
T216 T217
T218
T181
T182
T183T184
T185
T180T179 T178
T186
T176
T175
T174
T188
T187
T145
T147
T153
T151
T152
T110
T194
T1
T44 T43
T135
T134
T108
T116
T114
T146
T161T160T159T158T157
T156
T162
T149
T207
T205
T141
T140
T139 T138
T136
T195
T98
T81
T80
T26
**
MULTI LEVEL
WOOD & STONE
WITH 2ND
LEVEL DECK
1100 BLACK BIRCH DR.
MULTI-STORY
WOOD & STONE
FRAME HOUSE
SAND PIT
TOP OF BANK PER COA
STREAM MARGIN REVIEW
MAP PREPARED BY SOPRIS
ENGINEERING
TOP OF BANK PER COA
STREAM MARGIN REVIEW
MAP PREPARED BY SOPRIS
ENGINEERING
ByNO.Date Project NO.RevisionDrawn By:
Checked By:
Date:
Computer File:
P.O. Box 1746
Rifle, CO 81650
Phone (970) 625-1954
Fax (970) 579-7150
www.peaksurveyinginc.com
S
NW
E
P e a k S u r v ey i ng, Inc.
Es t . 2 0 0 7
21004
2 OF 3
LPRP MILL, LLC.
CITY OF ASPEN, COLORADO
EXISTING CONDITIONS SURVEY
LOT 10, BLACK BIRCH EST.
1100 BLACK BIRCH DRIVE
JG
JRN
JUNE 18, 2021
004
7 11/07/23 UPDATE SURVEY WITH COA TOP BANK JRN
EXISTING CONDITIONS SURVEY
LOT 10, BLACK BIRCH ESTATES SUBDIVISION,
ACCORDING TO THE FINAL PLAT RECORDED
MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244 AND THE FIRST
AMENDED PLAT RECORDED JANUARY 30, 1992
IN PLAT BOOK 28 AT PAGE 51
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
N
E
S
W
0
30
60
90
120
150
180
210
240
270
300
330
P
e
ak S u r v e y i ng
,
I
n
c
.
020 20 40 8010
11/07/23
COL O R A D O L I CE
N
S
E
D
P
R
O
F
E
SSIONAL L A N D S U RVEYOR
JAS O N R . NE
I
L
37935
S 84°01'00" E
3
3
1
.
5
3
'
N
1
1
°
1
4
'
5
3
"
W
1
0
6
.
1
8
'
C1
S 80°46'58
"
E
1
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1
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8
0
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S
2
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5
4
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0
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1
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7
2
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S
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7
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0
6
'
1
8
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1
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7
7
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S
0
5
°
3
0
'
0
0
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W
3
8
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9
9
'
S 88°35'15" W 123.61'
N
0
3
°
0
0
'
0
0
"
W
1
2
1
.
3
0
'
MULTI LEVEL
WOOD & STONE
WITH 2ND
LEVEL DECK
1100 BLACK BIRCH DR.
MULTI-STORY
WOOD & STONE
FRAME HOUSE
APPROXIMATE LOCATION
OF FEMA REGULATORY
FLOODWAY ZONE AE PER
FEMA PANEL 08097C0354E
DATED 08/15/19
(WITHIN HATCHED AREA)
APPROXIMATE LOCATION
OF FEMA REGULATORY
FLOODWAY ZONE AE PER
FEMA PANEL 08097C0354E
DATED 08/15/19
(WITHIN HATCHED AREA)
ZONE AE PER FEMA
PANEL 08097C0203 C
DATED JUNE 04, 1987
ZONE AE PER FEMA
PANEL 08097C0203 C
DATED JUNE 04, 1987
FLOODWAY PER FEMA
PANEL 08097C0203 C
DATED JUNE 04, 1987
100 YEAR FLOODPLAIN
LOCATION BASED ON
FEMA VERTICAL INFO
AS SHOWN ON THE SGM
GORDON PROPERTY
FLOODPLAIN MAP
DATED MARCH 1991
100 YEAR FLOODPLAIN
LOCATION BASED ON
DETAILED FLOOD
STUDY BY SGM OF THE
GORDON PROPERTY PER
THE FLOODPLAIN MAP
DATED MARCH 1991
APPROXIMATE LOCATION
OF FEMA REGULATORY
FLOODWAY PER FEMA
PANEL 08097C0354E DATED
08/15/19 (WITHIN HATCHED
AREA)
AREA OUTSIDE OF FEMA
REGULATORY FLOODWAY
ZONE AE PER FEMA PANEL
08097C0354E DATED
08/15/19 (OUTSIDE OF
SHADING)
AREA OUTSIDE OF FEMA
REGULATORY FLOODWAY
ZONE AE PER FEMA PANEL
08097C0354E DATED
08/15/19 (OUTSIDE OF
HATCHED AREA)
TOP OF BANK PER COA
STREAM MARGIN REVIEW
MAP PREPARED BY SOPRIS
ENGINEERING
TOP OF BANK PER COA
STREAM MARGIN REVIEW
MAP PREPARED BY SOPRIS
ENGINEERING
CURVE TABLE
CURVE #
C1
ARC LENGTH
25.40
RADIUS
30.00
DELTA ANGLE
48°30'52"
CHORD BEARING
N34°31'06"E
CHORD LENGTH
24.65
ByNO.Date Project NO.RevisionDrawn By:
Checked By:
Date:
Computer File:
P.O. Box 1746
Rifle, CO 81650
Phone (970) 625-1954
Fax (970) 579-7150
www.peaksurveyinginc.com
S
NW
E
P e a k S u r v ey i ng, Inc.
Es t . 2 0 0 7
21004
3 OF 3
LPRP MILL, LLC.
CITY OF ASPEN, COLORADO
EXISTING CONDITIONS SURVEY
LOT 10, BLACK BIRCH EST.
1100 BLACK BIRCH DRIVE
JG
JRN
JUNE 18, 2021
004
7 11/07/23 UPDATE SURVEY WITH COA TOP BANK JRN
EXISTING CONDITIONS SURVEY
LOT 10, BLACK BIRCH ESTATES SUBDIVISION,
ACCORDING TO THE FINAL PLAT RECORDED
MAY 1, 1967 IN PLAT BOOK 3 AT PAGE 244 AND THE FIRST
AMENDED PLAT RECORDED JANUARY 30, 1992
IN PLAT BOOK 28 AT PAGE 51
CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
N
E
S
W
0
30
60
90
120
150
180
210
240
270
300
330
P
e
ak S u r v e y i ng
,
I
n
c
.
020 20 40 8010
11/07/23
COL O R A D O L I CE
N
S
E
D
P
R
O
F
E
SSIONAL L A N D S U RVEYOR
JAS O N R . NE
I
L
37935
I
1\.
ORDINANCE 22
Series 1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN AMENDING
THE ASPEN MUNICIPAL CODE TO WIT, CHAPTERS:
24-3-101 Definitions: Building Envelope, Satellite Dish Antenna,
Fence, site specific Development Plan
24-5-20I, 24-5-202, 24-5-203, 24-5-205, 24-5-206, 24-5-206.1,
24-5-206.2, 24-5-207, 24-5-208, 24-5-209, 24-5-210, 24-5-211,
24-5-212, 24-5-213, 24-5-214, 24-5-215, 24-5-216, 24-5-217,
24-5-218, 24-5-219, 24-5-220 Individual Zone Districts,
Conditional Uses
24-5-506 Domestic Animals
24-5-511 Supplemental RegUlations: Landscape Maintenance
24-5-512 Supplemental RegUlations: Satellite Dish Antennas
24-5-702 Calculation of Affordable Housing Impact Fee
24-7-503 8040 Greenline Review
24-7-504 Stream Margin Review
24-7-804 Specially Planned Area Insubstantial Amendments
24-7-907 Planned Unit Development Insubstantial Amendments
24-7-1001 Subdivision: Purpose
24-7-1003 Subdivision Exemptions: Lot Splits and Lot Line
Adjustments
24-7-1004 Subdivision Review Standards
24-7-1005 Subdivision Agreement: Condominium Plat Recordation
24-7-1006 Amendment to Subdivision Development Order
WHEREAS, Section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Community Development Director and then by the Planning and Zoning
commission at public hearing, and then approved, approved with
conditions, or disapproved by the city Council at public hearing;
and
WHEREAS, the Community Development Department has determined
1
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Iffi
if '_
that certain sections of the land use regulations which are in need
of updating for current situations, are unclear, or in need of
refinement in order to codify Planning Office policies which have
been effected over time; and
WHEREAS, the Planning and Zoning commission reviewed the
proposed amendments and did conduct a public hearings thereon on
February 21, March 21, and April 4, 1995; and
WHEREAS, upon review and consideration of the text amendments,
agency and public comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
commission has recommended approval of the text amendments
recommended by the Community Development Director pursuant to
procedure as authorized by section 24-6-205 (A) (5) of the Municipal
Code; and
WHEREAS, the Aspen city Council has reviewed and considered
the text amendments under the applicable provisions of the
Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commission, and has taken and considered public comment at
public hearing; and
WHEREAS, the city Council finds that the text amendments meet
or exceed all applicable development standards and is consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare; and
WHEREAS, the city Council finds that the proposed text
amendment will allow and promote compatibility of zone districts
and land uses with existing land uses and neighborhood
characteristics and will be consistent with the public welfare and
the purposes and intent of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the city Council finds as follows in regard to the text amendments:
1.The proposed text amendments as set forth in the Plan are not
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
The proposed text amendments will promote the public interest
and character of the City of Aspen.
2.
2
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tz",
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section 2: section 3-101 of Chapter 24 of the Aspen Municipal Code
a new definition for "building envelope" is hereby added, which new
text shall read as follows:
Building envelope is that area on a lot which encompasses all
development including but not limited to excavation, fill,
grading, storage, demolition, structures, building heights,
decks, roof overhangs, porches, patios and terraces, pools,
any areas of disturbance, access ways and parking. Approved
plantings of landscape materials on natural grade and approved
walkways and driveways may occur outside of a building
envelope. Otherwise, all areas outside of a building envelope
shall remain in pristine and untouched condition unless
approved by the Community Development Director.
For purposes of site specific development plans, building
envelopes may be established to restrict development to
protect slopes, important vegetation, water courses, privacy
or other considerations. Building envelopes shall be
described on recorded plats, site specific development plans,
ordinances, resolutions, and building permit site plans.
section 3: Section 3-101 of Chapter 24 of the Aspen Municipal Code
definition of "fence" is hereby amended, which new text shall read
as follows:
Fence means a structure, including berms, which serves as a
barrier intended to prevent escape or intrusion, to mark a
boundary, to shield or screen view, or to serve any similar
purpose. Fences shall be permitted in every zone district
provided that no fence shall exceed six (6) feet above natural
grade. Fences visible from the public right-Of-way shall be
constructed of wood, stone, wrought iron or masonry. On
corner lots, no fence, retaining wall, or similar object shall
be erected or maintained which obstructs the traffic vision,
nor on corner lots shall any fence, retaining wall, or similar
obstruction be erected or maintained which exceeds a height
of forty-two (42) inches, measured from street grade, within
30 feet from the paved or unpaved roadway. Plans showing
proposed construction, material, location and height shall be
presented to the building inspector before a building permit
for a fence is issued.
Additionally, foliage shall be placed and maintained so that
it will not obstruct vehicular visibility at intersections.
Section 4: Section 3-101 of Chapter 24 of the Aspen Municipal COde
definition of "satellite dish antenna" is hereby amended, which
new text shall read as follows:
satellite dish antenna or satellite radio frequency signal
3
8'..I,~
reception and/or transmission device means a dish-shaped or
parabolic-shaped reception or transmission device, is used for
the reception and/or transmission of satellite signals,
including but not limited to television signals, AM radio
signals, FM radio signals, telemetry signals, data
communication signals, or any other reception or transmission
signals using free air space as a medium, whether for
commercial or private use, provided:
A. Area and bulk requirements. The installation of a
satellite dish antenna shall not cause a violation of
area and bulk requirements within the zone district in
which it is located, unless a variance is granted by the
board of adjustment.
B. Right-Of-way. A satellite dish antenna shall not be
placed on an easement or in the city right-of-way, unless
an encroachment permit is secured.
C. Increased danger. The installation of a satellite dish
antenna shall not cause any increased danger to
neighboring property in the event of collapse or other
failure of the antenna structure.
D.Visual impact. The visibility of the dish from the
public way shall be reduced to the highest degree
practical including, but not limited to, sensitive choice
in placement of the dish, screening with fencing,
landscaping, subgrade placement, or any other effective
means that both screen the dish and does not appear to
be unnatural on the site.
Section 5: Section 3-101 of Chapter 24 of the Aspen Municipal Code
definition of "site specific development plan" is hereby amended,
which new text shall read as follows:
site specific development plan means a plan which has been
submitted to the Community Development Department by a
landowner or his representative describing with reasonable
certainty the type and intensity of use for a specific parcel
or parcels of property. Such plan may be in the form of, but
need not be limited to, a planned unit development (PUD) ,
subdivision, specially planned area (SPA), growth management
exemption, environmentally sensitive area review, conditional
use, special review, or historic landmark review. A variance
shall not constitute a site specific development plan. site
specific development plan shall not mean or include any
conceptual or preliminary plan as defined in this chapter.
Section 6: The following Sections of Chapter 24 of the Aspen
Municipal Code "Conditional Uses" are hereby amended to delete
satellite dish antennae":
4
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24-5-201.C.7., 24-5-202.C.7., 24-5-203.C.7., 24-5-205.C.7.,
24-5-206.C.7., 24-5-206.1.C.6., 24-5-206.2.C.3., 24-5-207.C.5.,
24-5-208.C.ll., 24-5-209.C.7., 24-5-210.C.4., 24-5-211.C.8.,
24-5-212.C.I0., 24-5-213.C.6., 24-5-214.C.3., 24-5-215.C.2.,
24-5-216.C.3., 24-5-217.C.7., 24-5-218.C.4., 24-5-219.C.5.,
24-5-220.C.3.
section 7: The following section of Chapter 24 of the Aspen
Municipal Code is hereby deleted:
section 5-506. Domestic Animals
section 8: section 5-511 of Chapter 24 of the Aspen Municipal Code
is hereby added, which new text shall read as follows:
section 5-511. Landscape Maintenance
A. Landscaping shown on any approved site development plan
shall be maintained in a healthy manner for a minimum three
3) year period. In the event that plant material dies, the
owner of the property shall replace the plant material with
similar quality within 45 days of notification by the Zoning
Enforcement Officer. If seasonal or cultural constraints do
not allow planting of the approved plant material within 45
days the owner may in writing seek permission from the
Community Development Director to:
1) Provide financial assurances equal to 120% of the amount
of the replacement landscaping and installation costs as
approved by the Parks Department, and in a form
satisfactory to the city Attorney. The completion of the
landscape replacement shall be accomplished no late than
June 15 of the next planting season, otherwise the
financial assurances shall be forfeited to the city.
2) Submit for approval a revised landscape plan.
Failure to comply with the replanting requirement will
constitute a violation of this section and may result in
complaint(s) being filed in Municipal Court
section 9: section 5-512 of Chapter 24 of the Aspen Municipal Code
is hereby added, which new text shall read as follows:
section 5-512. Satellite Dish Antennas
Satellite dish antennas twenty-four (24) inches in
diameter or less must receive building permits, if required,
prior to installation. Prior to the issuance of appropriate
building permits, satellite dish antennas twenty-five (25)
inches or greater in diameter shall be reviewed and approved
5
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by the community Development Director in conformance with the
criteria within Sections 7-304 (B) and (C). The Community
Development Director may apply reasonable conditions to the
approval deemed necessary to insure conformance with said
review criteria. If the Community Development Director
determines that the proposed satellite dish antennas does not
comply with the review criteria and denies the application,
or the applicant does not agree to the conditions of approval
determined by the Community Development Director, the
applicant may apply for conditional use review by the Planning
and Zoning commission.
Procedures established in Article 6 Common Development Review
Procedures shall apply to all satellite dish antennas.
section 10: section 5-702 of Chapter 24 of the Aspen Municipal
Code is hereby amended, which new text shall read as follows:
section 24-5-702 Calculation of affordable housing impact fee.
The amount of the affordable housing impact fee is based on
the public cost to provide affordable housing as a result of
the activity for which the fee is required. The formula shall
utilize the cash-in-lieu payment established from time to time
by the Aspen/Pitkin County Housing Office for moderate income
employees and the square footage of new floor area constructed
as a result of the demolition of a single family or duplex
dwelling unit or the construction of a new single family or
duplex dwelling unit on a previously vacant lot (the floor
area of a demolished dwelling shall be subtracted from the
floor area of the replacement dwelling unit), or the remodel
or expansion of an existing single family residence into a
duplex dwelling. The formula assumes that for every three
thousand (3,000) square feet of new single family or duplex
floor area that the public will be required to provide housing
for one moderate income employee. The formula to be applied
shall be as follows:
average of cash-in-lieu amount for Category 2 and 3)
3,000)
X (net increase in FAR of new structure)
cash-in-lieu payment for replacement structure
section 11: section 7-503.C.l1. of Chapter 24 of the Aspen
Municipal Code "8040 Greenline" is hereby amended, which new text
shall read as follows:
section 24-7-503.C.
11) Any trail on the parcel designated on the Aspen Area
Community Plan: Parks/Recreation/Open Space/Trails Plan map
is dedicated for public use. Provide access to natural
6
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resources and areas of special interest to the community.
section 12: section 7-504 of Chapter 24 of the Aspen Municipal
Code "Stream Margin Review" is hereby amended, which new text shall
read as follows:
section 24-7-504. stream Margin
No development shall be permitted within the floodway, with
the exception of bridges or structures for irrigation,
drainage, flood control or water diversion, which may be
permi tted by the ci ty Engineer, provided plans and
specifications are submitted to demonstrate that the structure
is engineered to prevent blockage of drainage channels during
peak flows and the Commission determines the proposed
structure complies, to the extent practical, with all the
standards set forth below.
No development shall be permitted within one hundred feet
100'), measured horizontally, from the high water line
of the Roaring Fork River and its tributary streams, or
within the Special Flood Hazard Area where it extends
beyond one hundred feet (100') from the high water line
of the Roaring Fork River and its tributary streams,
unless the Commission makes a determination that the
proposed development complies with all the standards set
forth below:
1. It can be demonstrated that any proposed develop-
ment which is in the Special Flood Hazard Area will
not increase the base flood elevation on the parcel
proposed for development. This shall be
demonstrated by an engineering study prepared by a
professional engineer registered to practice in the
state of Colorado which shows that the base flood
elevation will not be raised, including, but not
limited to, proposing mitigation techniques on or
off-site which compensate for any base flood
elevation increase caused by the development; and
2. Any trail on the parcel designated on the Aspen Area
Community Plan, Parks/Recreation/Open Space/Trails
Plan map, or areas of historic public use or access
are dedicated via a recorded easement for public
use. Dedications are necessitated by development's
increased impacts to the city's recreation and trail
facilities including public fishing access; and
3.The recommendations of the Roaring Fork Greenway
Plan are implemented in the proposed plan for
development, to the greatest extent practicable; and
7
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4.There is no vegetation removed or damaged or slope
grade changes (cut or fill) made outside of a
specifically defined building envelope. A building
envelope shall be designated by this review and said
envelope shall be barricaded prior to issuance of
any demolition, excavation or building permits. The
barricades shall remain in place until the issuance
of Certificates of Occupancy; and
5. The proposed development does not pollute or
interfere with the natural changes of the river,
stream or other tributary, including erosion and/or
sedimentation during construction. Increased on-
site drainage shall be accommodated within the
parcel to prevent entry into the river or onto its
banks. Pools or hot tubs cannot be drained outside
of the designated building envelope; and
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6.Written notice is given to
Conservation Board prlor to
relocation of a water course,
notice is submitted to the
Management Agency; and
the Colorado Water
any alteration or
and a copy of said
Federal Emergency
7.A guarantee is provided in the event a water course
is altered or relocated, that applies to the
developer and his heirs, successors and assigns that
ensures that the flood carrying capacity on the
parcel is not diminiShed; and
8.Copies are provided of all necessary federal
state permits relating to work within the
hundred (100) year floodplain; and
and
one
9. There is no development other than approved native
vegetation planting taking place below the top of
slope or within 15' of the top of slope or the high
waterline, whichever is most restrictive. This is
an effort to protect the existing riparian
vegetation and bank stability. If any development
is essential within this area, it may only be
approved by special review pursuant to section 7-
404 D. of this Article 7 (refer to Figure "A" below
for illustrative purposes) ; and
10. All development outside the 15' setback from the top
of slope does not exceed a height delineated by a
line drawn at a 45 degree angle from ground level
at the top of slope. Height shall be measured and
determined by the Zoning Officer utilizing that
definition set forth at section 3-101 of this
8
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Chapter 24 (refer to Figure
illustrative purposes); and
An below for
11. A landscape plan is submitted with all development
applications. Such plan shall limit new plantings
including trees, shrubs, flowers, and grasses)
outside of the designated building envelope on the
river side to native riparian vegetation; and
12. All exterior lighting is low and downcast with no
light(s) directed toward the river or located down
the slope; and
13. site sections drawn by a registered architect,
landscape architect, or engineer are be submitted
showing all existing and proposed site elements, the
top of slope, and pertinent elevations above sea
level; and
14. There has been accurate identification of wetlands
and riparian zones.
Figure "A"
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IIII\IIIII1I11111111111I,
II I I111
I1I1 I11I1I111 1
1I1I11111111 I
1111II1111I1 I
lit 111111[111111
I I III II
I1I111111111111111I111111111111111
river
Development Allowed within
Progressive Height Limit
15' Setback
NO DEVELOPMENT
section 13: section 7-804.E.1. of Chapter 24 of the Aspen
Municipal Code "Specially Planned Area Insubstantial Amendment" is
hereby amended, which new text shall read as follows:
7-804 E.l. SPA Insubstantial Amendments
An insubstantial amendment to an approved development order
for a final development plan may be authorized by the
Community Development Director. The following shall not be
considered an insubstantial amendment:
9
11'
1\,,<
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a)A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c) Any amendment that substantially increases trip
generation rates of the proposed development, or the
demand for public facilities.
d) A reduction by greater than three (3) percent of the
approved open space.
e) A reduction by greater than one (1) percent of the off-
street parking and loading space.
f) A reduction in required pavement widths or right-of-way
for streets and easements.
g)greater than two (2)
leasable floor area
percent in the
of commercial
An increase of
approved gross
buildings.
h) An increase by greater than one (1) percent in the
approved residential density of the development.
i)Any change which is inconsistent with a condition or
representation of the proj ect' s original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
section 14: section 7-907.A. of Chapter 24 of the Aspen Municipal
Code "Planned unit Development Insubstantial Amendment" is hereby
amended, which new text shall read as follows:
section 24-7-907.A. PUD Insubstantial Amendments
An insubstantial amendment to an approved development order
for a final development plan may be authorized by the
Community Development Director. The following shall not be
considered an insubstantial amendment:
a) A change in the use or character of the development.
b) An increase by greater than three (3) percent in the
overall coverage of structures on the land.
c) Any amendment that substantially increases trip
generation rates of the proposed development, or the
demand for public facilities.
d)A reduction by greater than three (3) percent of the
10
W'
e
approved open space.
e)A reduction by greater than one (1) percent of the off-
street parking and loading space.
f) A reduction in required pavement widths or right-of-way
for streets and easements.
g)An increase of
approved gross
buildings.
greater than two (2) percent in the
leasable floor area of commercial
h) An increase by greater than one (1) percent in the
approved residential density of the development.
i) Any change which is inconsistent with a condition or
representation of, the project's original approval or
which requires granting of a further variation from the
project's approved use or dimensional requirements.
section 15: section 7-1001 of Chapter 24 of the Aspen Municipal
Code, "Subdivision, Purpose" is hereby amended by adding a new
section "h", which new text shall read as follows:
section 7-1001. Purpose.
The purpose of this division is to :
A. Assist in the orderly and efficient development of the
City;
B. Ensure the proper distribution of development;
c. Encourage the well-planned subdivision of land by
establishing standards for the design of a subdivision;
D. Improve land records and survey monuments by establishing
standards for surveys and plats;
E. Coordinate the construction of public facilities with the
need for public facilities;
F. Safeguard the interests of the public and the subdivider
and provide consumer protection for the purchaser;
G. Acquire and ensure the maintenance of public open spaces
and parks; and
H. Provide procedures so that development encourages the
preservation of important and unique natural or scenic
features, including but not limited to mature trees or
indigenous vegetation, bluffs, hillsides or similar geologic
11
1-fiJi",
0,;,<.
features, or edges of rivers and other bodies of water; and
I. Promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 16: Sections 7-1003.A.2.b. and d. of Chapter 24 of the
Aspen Municipal Code "Lot Split" are hereby amended, and new
Sections 7-1003.A.2.e., 7-1003.A.2.f. and 7-1003.A.2.g. are added,
which new text shall read as follows:
Section 7-1003 Exemptions (A) (2) Lot Split.
a. The land is not located in a subdivision approved by
either the Pitkin County Board of County Commissioners
or the city Council, or the land is described as a metes
and bounds parcel which has not been subdivided after
adoption of subdivision regulations by the City of Aspen
on March 24, 1969; and
b. No more than two (2) lots are created by the lot split,
both lots conform to the requirements of the underlying
zone district. Any lot for which development is proposed
will mitigate for affordable housing pursuant to Section
8-104 (A) (1) (c) .
c.The lot under consideration, or any part thereof, was not
previously the subject of a subdivision exemption under
the provisions of this article or a "lot split" exemption
pursuant to section 8-104(C) (1) (a); and
d. A subdivision plat which meets the terms of this
division, and conforms to the requirements of this
chapter, is submitted and recorded in the office of the
Pitkin County clerk and recorder after approval,
indicating that no further subdivision may be granted for
these lots nor will additional units be built without
receipt of applicable approvals pursuant to this article
and growth management allocation pursuant to Article 8.
e. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin County
clerk and recorder. Failure on the part of the applicant
to record the plat within one hundred and eighty (180)
days following approval by the city Council shall render
the plat invalid and reconsideration of the plat by the
City Council will be required for a showing of good
cause.
f.In the case where an existing single family dwelling
occupies a site which is eligible for a lot split, the
dwelling need not be demolished prior to application for
a lot split.
12
1"','"-',,
1\'g.Maximum potential buildout for the two parcels created
by a lot split shall not exceed three units, which may
be composed of a duplex and a single family home.
Section 17: Section 7 -1 0 0 3 . A. 1. d. of Chapter 24 of the Aspen
Municipal Code, review criteria for "Lot Line Adjustment" is hereby
amended, which new text shall read as follows:
d. "The corrected plat will meet the standards of this
division, and conforms to the requirements of this chapter,
including the dimensional requirements of the zone district
in which the lots are located, except in cases of an existing
non-conforming lot, in which the adjustment shall not increase
the nonconformity of the lot. The plat shall be submitted and
recorded in the office of the Pitkin County clerk and
recorder. Failure to record the plat within a period of one
hundred and eighty (180) days following approval shall render
the plat invalid and reconsideration of the plat by the
Planning Director will be required before its acceptance and
recording; and
Section 18: Section 7-1004.C.4. of Chapter 24 of the Aspen
Municipal Code "Subdivision Design Standards" is hereby amended to
add a new section "h", which text shall read as follows:
h. The design and location of any proposed structure,
building envelope, road, driveway, trail or similar
development is compatible with significant natural or
scenic features of the site.
Section 19: Section 7-1005.E. of Chapter 24 of the Aspen Municipal
Code "Subdivision Agreement Recordation" is hereby amended, which
new text shall read as follows:
E. Recordation. The subdivision exemption agreement and plat
shall be recorded in the office of the Pitkin county clerk and
recorder. Failure on the part of the applicant to record the
plat wi thin one hundred and eighty (180) days following
approval by the city Council shall render the plat invalid and
reconsideration of the plat by the commission and city council
will be required by for a showing of good cause.
Section 20: Section 7-1006.A. of Chapter 24 of the Aspen Municipal
Code "Amendment to Subdivision Development Order" is hereby
amended, which new text shall read as follows:
A. Insubstantial amendment. An insubstantial amendment to an
approved plat or between adjacent subdivision plats may be
authorized by the Community Development Director. An
insubstantial amendment shall be limited to technical or
engineering considerations first discovered during actual
13
y
e" 'l, ,
development which could not reasonably be anticipated during
the approval process, or any other minor change to a plat
which the community Development Director finds has no effect
on the conditions and representations limiting the approved
plat.
section 21:This Ordinance shall not affect any existing
litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
conducted and concluded under such prior ordinances.
section 22: If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
section 23: The city Clerk shall cause notice of this Ordinance
to be published in a newspaper of general circulations within the
City of Aspen no later than fourteen (14) days following final
adoption hereof.
section 24: That the city Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin county Clerk and Recorder.
section 25: A public hearing on the Ordinance shall be held on the
j~ day of ...-L~ 1995 at 5: 00 in the city council Chambers,
Aspen city Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
14
t-
ts.
I'.'....'
e~ty Council
1995.
of the City of Aspen on the ~~
tg~
John Bennett, Mayor
Jk?J) J-:/o (lj{
K~t~r~~4. Koch, city
CI:'
k
FINALLY, adopted, passed and approved this 02~
1995.
day of
day of
John Bt:t, ~~
Kathryi,city Clerk
15
f
LAND USE REGULATIONS
7-504
2. The proposed development does not have a significant adverse affect on the natural
watershed, runoff, drainage, soil erosion or have consequent effects on water pollution.
3. The proposed development does not have a significant adverse affect on the air
quality in the city.
4. The design and location of any proposed development, road, or trail is compatible
with the terrain on the parcel on which the proposed development is to be located.
5. Any grading will minimize, to the extent practicable, disturbance to the terrain,
vegetation and natural land features.
6. The placement and clustering of structures will minimize the need for roads, limit
cutting and grading, maintain open space, and preserve the mountain as a scenic
resource.
7. Building height and bulk will be minimized and the structure will be designed to
blend into the open character of the mountain.
8. Sufficient water pressure and other utilities are available to service the proposed
development.
9. Adequate roads are available to serve the proposed development, and said roads can
be properly maintained.
10. Adequate ingress and egress is available to the proposed development so as to ensure
adequate access for fire protection and snow removal equipment.
11. Any trail on the parcel designated on the Aspen Area Comprehensive Plan;
Parks/Recreation/Open Space/Trails Plan map is dedicated for public use.
Sec. 7.504. Stream margin review.
A. Applicability. The provisions of stream margin review shall apply to all development
within one hundred (100) feet, measured horizontally, from the high water line of the Roaring
Fork River and its tributary streams, or within the one -hundred -year floodplain where it
extends beyond one hundred (100) feet of the Roaring Fork River and its tributary streams, or
within a flood hazard area, unless exempted pursuant to Section 7-504(B).
B. Exemption. The expansion, remodeling or reconstruction of an existing development
shall be exempt from stream margin review if the following standards are met:
1. The development does not add more than ten (10) percent to the floor area of the
existing structure or increase the amount of building area exempt from floor area
calculations by more than twenty-five (25) percent; and
2. The development does not require the removal of any tree for which a permit would
be required pursuant to section 13.76 or the applicant receives a permit pursuant to
said subsection; and
3. The development is located such that no portion of the expansion, remodeling or
reconstruction will be any closer to the high water line than is the existing develop-
ment; and
Supp. No. 1
1703
§ 7-504
ASPEN CODE
4. The development does not fall outside of an approved building envelope, if one has
been designated through a prior review; and
5. The development is located completely outside of the special flood hazard area and
more than one hundred (100) feet measured horizontally, from the high water line of
the Roaring Fork River and its tributary streams or the expansion, remodeling or
reconstruction will cause no increase to the amount of ground coverage of structures
within the special flood hazard area.
C. Stream margin review standards. No development shall be permitted within the flood.
way, with the exception of bridges or structures for irrigation, drainage, flood control or water
diversion, which may be permitted by the city engineer, provided plans and specifications are
provided demonstrating the structure is engineered to prevent blockage of drainage channels
during peak flows and the commission determines the proposed structure complies, to the
extent practical, with all the standards set forth below.
No development shall be permitted within one hundred (100) feet, measured horizontally, from
the high water line of the Roaring Fork River and its tributary streams, or within the special
flood hazard area where it extends beyond one hundred (100) feet from the high water line of
the Roaring Fork River and its tributary streams, unless the commission makes a determi-
nation that the proposed development complies with all the standards set forth below.
1. It can be demonstrated that any proposed development which is in the special flood
hazard area will not increase the base flood elevation on the parcel proposed for
development. This shall be demonstrated by an engineering study prepared by a
professional engineer registered to practice in the State of Colorado which shows that
the base flood elevation will not be raised, including, but not limited to, proposing
mitigation techniques on or off -site which compensate for any base flood elevation
increase caused by the development.
2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan:
Parks/Recreation/Open Space/Trails Plan map is dedicated for public use.
3. The recommendations of the Roaring Fork Greenway Plan are implemented in the
proposed plan for development, to the greatest extent practicable.
4. No vegetation is removed or slope grade changes made that produce erosion and
sedimentation of the stream bank.
5. To the greatest extent practicable, the proposed development reduces pollution and
interference with the natural changes of the river, stream or other tributary.
6. Written notice is given to the Colorado Water Conservation Board prior to any
alteration or relocation of a watercourse, and a copy of said notice is submitted to the
Federal Emergency Management Agency.
7. A guarantee is provided in the event a water course is altered or relocated, that
applies to the developer and his heirs, successors and assigns that ensures that the
flood carrying capacity on the parcel is not diminished.
Supp. No. 1
1704
LAND USE REGULATIONS
§ 7-505
8. Copies are provided of all necessary federal and state permits relating to work within
the one -hundred -year floodplain.
(Ord. No. 6-1989, § 9)
Sec. 7-505. Mountain view plane review.
A. Applicability. The provisions of mountain view plane review shall apply to all devel-
opment located within the following established mountain view planes, unless exempted
pursuant to Section 7-505B.
1. Glory Hole Park View Plane. There is hereby established a view plane originating
from Glory Hole Park above which plane no land use or building shall project. The
reference point bears N. 19' 06' 00" W. a distance of 919.85 feet from Corner 1 of the
Aspen Townsite, a 1954 BLM brass cap; the reference base line bears N. 55` 04' 05"
E. a distance of 73.00 feet from the reference point. Elevation is 7,947.55* feet above
sea level. The view plane consists of two (2) spatial components more particularly
described as follows:
a. All that space which is within the projection of a sector of 9° 54, 00" described by
two (2) radial lines which bears S. 44° 49' 55" E. and S. 34' 55' 55" E. respec.
tively from the reference point, and which is also above the view plane which
passes through the reference base line at the inclination of 3° 30' above horizontal.
b. All that area within the projection of the following described perimeter and
which is also above the view plane which passes through the reference base line
at an inclination of 3° 30' above horizontal. The perimeter is more fully de-
scribed as follows: Beginning at the reference point, thence N. 55° 04' 05" E. a
distance of 73.00 feet along the reference base line; thence S. 34' 55' 55" E. a
distance of 418.27 feet to a point on the northerly radial line of the view sector;
thence N. 44' 49' 55" W. along said radial line a distance of 424.59 feet to the
reference point.
2. Wagner Park View Plane. There is hereby established a view plane originating in the
north central part of Wagner Park above which plane no land use or building shall
project. The reference point bears N. 58' 03' 11" E. 198.65 feet from the northwest-
erly corner of Block 83, Original Aspen Townsite; elevation of the reference point is
7,919.73 feet above mean sea level. The view plane consists of a sector component
more particularly described as follows: All that space which is within the projection
of a sector of 90 46' 18" described by two (2) radial lines which bear S. 36' 05' 49" E.
and S. 45 ° 52' 07" E. respectively from the reference point and above a plane which
passes through the reference point at an inclination of 3° 39' 10" above the horizontal.
3. Cooper Avenue View Plane. There is hereby established a view plane originating on
the northerly side of Cooper Avenue easterly of Galena Street above which plane no
land use or building shall project. The reference point bears N. 75' 41' 62" E. 147.78
*All elevations used in this section are based on the U.S. Coast and Geodetic Survey (USC
& GS) benchmark located in the southwesterly corner of the Pitkin County Court House
foundation at an elevation of 7,906.80 feet above mean sea level.
Supp. No. 1
1705
STREAM MARGIN REVIEW PLAN
LOT 10 BLACK BIRCH ESTATES
PARCEL ID: 2735.013-7-017
PURPOSE
The purpose of this Site Plan is to show the building envelope as established by the Community Development Director based upon the slope of
determination approved by the Planning and Zoning Commission Special Review documented in Planning and Zoning Commission Resolution
Series_____of 2023
GENERAL NOTES
1.Site development shall be in compliance with Planning and Zoning Commission Resolution Series of 2023.
2.The Survey base map and topography which appear on this Site Plan was prepared by Jason R. Neil, PLS 37935 on the Lot 10 Black Birch
Estates Subdivision Existing Conditions Survey dated July 31st, 2023, submitted to the City of Aspen in the land use application dated 2023.
3.The top of slope on the plan has been delineated by Raul Passernini, PE, CFM, in conjunction with Hailey Guglielmo at the City of Aspen
Engineering Department and is hereby approved by the Planning and Zoning Commission.
4.Structures to be located in the building envelope and outside setbacks.
5.The Building Envelope is to be delineated by the 15' setback from the top of the slope line and by the other Site Planning considerations.
6.Structures shall be located to conform to pertinent Front, Read and Side Yard setbacks.
7.Only existing improvements, existing landscaping, native landscape plantings and revegetation can occur between the 15' Setback from the
top of slope and Castle Creek.
8.No lighting shall be directed toward the river. All lighting will comply with City of Aspen Lighting Standards.
9.The Pickleball Court will be relocated to be on Lot 10.
COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
This Site Plan for lot 10 Black Birch Estates Subdivision has been reviewed by and approved by the City of Aspen
Planning and Zoning Commission, this______day of________________, 2023.
Owner's Acknowledgement
Known to all present that the owners in fee simple of all property situated in Pitkin County, Colorado, shown hereon
acknowledge the allowance and limitations of City of Aspen Planning and Zoning Commission referenced in Note 1.
on this Plan.
Executed this______day of________________, 2023.
LPRP MILL, LLC, a Wyoming Limited Liability Company
X______________________________________________
Manager, Robert Potamkin
Clerk & Recorders Certificate
This Site Plan was filed for record in the office of Clerk and Recorder of Pitkin County, on this _____day of
______________, 2023 and is duly recorded in Book ________, page________, Reception No. ________________.
SITE
N
SURVEY
LPRP MILL LLC
S
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WOOD
DECK
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STONE
BRIDGE
METAL
GRATE
(TYP.)
MULTI-STORY
WOOD & STONE
FRAME HOUSE
1100 BLACK BIRCH
DRIVE
STONE
BRIDGE
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T
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P
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H
FLAGSTONE
PATHS AND
PATIO (TYP.)
2ND
FLOOR
FIREWOOD SHED
S
T
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BENCH
STONE WALL
HIGH WATERLINE
STONE
WALK
STONE
WALK
STONE
BENCH
STONE
BENCH
CO
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DR
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W
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A
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HW
HW
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STONE WALL
FIREPLACE
1 STORY SHED
2 STORY SHED
TENT STRUCTURE WOOD
WALK
WOOD
BRIDGE
MULTI LEVEL
WOOD & STONE
WITH 2ND
LEVEL DECK
PROPERTY LI
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PROPERTY LINE
P
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R
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PROPERT
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L
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10' SIDE YARD SETBACK
5' REAR YARD ACCESSORY
BUILDING SETBACK
10'
SIDE YARD
SETBACK
25' FRONT
YARD SETBACK
RELOCATED
PICKLEBALL COURT
10' SIDE
YARD
SETBACK
PROPOSED BUILDING ENVELOPE
TOP OF SLOPE
15' TOP OF SLOPE SETBACK
NOTE: ALL EXISTING LANDSCAPING AND
IMPROVEMENTS LOCATED WITHIN THE 15'
RIPARIAN SETBACK WERE LEGALLY DEVELOPED
PRIOR TO ORDINANCE 22-1995 AND CODE
26.435.040(80(9)
100 YEAR FLOODPLAIN DELINEATION
HOT
TUB
HW HW HW
PROPERTY LINE
SETBACK
HIGH WATER LINE
TOP OF SLOPE
15' SETBACK FROM TOP OF SLOPE
PROPOSED BUILDING ENVELOPE
LEGEND
COTTONWOOD PINE ASPEN
EXISTING TREES
100 YEAR WATER SURFACE DELINEATION
N
SCALE: 1"=20'
0' 5' 10'20'
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PROPERT
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10' SIDE YARD SETBACK
5' REAR YARD ACCESSORY
BUILDING SETBACK
10'
SIDE YARD
SETBACK
25' FRONT
YARD SETBACK
10' SIDE
YARD
SETBACK
N
SCALE: 1"=20'
0'5'10'20'
TO
P
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7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
MAIN HOUSE:
RIDGE:7780.4'
FFE:7766.06'
TWO STORY SHED:
RIDGE 7780.5'
2ND LEVEL 7773.9'
FFE 7763.97'
45º
45º
45º
45º
MAIN HOUSE:
RIDGE:7780.4'
FFE:7766.06'
ONE STORY SHED
RIDGE: 7770.1'
FFE: 7761.87'
TO
P
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F
S
L
O
P
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TO
P
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F
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7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
TO
P
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F
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L
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7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
TO
P
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L
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P
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7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
TWO STORY SHED:
RIDGE 7780.5'
2ND LEVEL 7773.9'
FFE 7763.97'
WOOD BRIDGE:
FF: 7771.95'
FIREWOOD SHED
RIDGE: 7771.9'
FF: 7765.08'
TENT STRUCTURE:
RIDGE: 7782.2'
FF: 7766'
FIREPLACE
F.F.=7767.01'
RIDGE=7782.7'
7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
7755'
7765'
7775'
7785'
7760'
7770'
7780'
7790'
CONCRETE PICKLE BALL COURT
F.F.=7765.1'
15
'
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15
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0'5'10'
SCALE: 1"=10'SECTION A-A
SECTION B-B
SECTION C-C
SECTION D-D
July 31, 2023
Mr. Glenn Horn
Via email
RE: Irrigation water rights for 1100 Black Birch Drive, Aspen
Dear Glenn:
Per your request, we researched the irrigation water rights associated with 1100 Black
Birch Drive in Aspen, Colorado, also known as Lot 10, Black Birch Estates (the
“Property”). We represent the owner, LPRP River LLC in water matters. We
conclude that the Property has the right to use and is irrigated from the Tagert Ditch
water rights, through membership in the Black Birch Estates Homeowners
Association. The Property is and apparently has always been irrigated with Tagert
Ditch water and not water provided from the City of Aspen for the Property’s in-
house domestic water uses.
1. Water rights ownership. By quitclaim deed dated July 21st, 1987, Charles E. Worth
and Ann G. Worth, the developers of Black Birch Estates subdivision, deeded to
Black Birch Estates Homeowners Association 0.5 c.f.s. in the Tagert Ditch, First
Enlargement water right. This water right was decreed for 1.41 c.f.s. in Civil Action
NO. 4033, Garfield County District Court, with an appropriation date of August 19,
1947 and an adjudication date of October 25, 1952. Then on May 22nd, 1997, Keifer
Mendenall and Mary E. Mendenhall deeded all of their interest in the Tagert Ditch
original water right stemming from 1936, the First Enlargement water right stemming
from 1952, and the Second Enlargement water right stemming from 1978 to the
HOA. We attach the deeds as Exhibit A.
The Protective Covenants for Black Birch Estates, recorded at Book 227, Page 452,
Pitkin County records, and attached as Exhibit B, also evidence the Property’s use
rights from the Tagert Ditch. Article XV states that a homeowners association shall
be formed in part to own the water rights deeded to it by the Worths. The By-laws of
Black Birch Estates Homeowners Assocation, Inc., attached as Exhibit C, state at
Article VI, Sec. 1, that “…Lots 7-18 of the Subdivision shall be subject to an annual
(and where necessary interim) assessment for the ownership, maintenance,
replacement and operation of the Tagert Ditch structure and the priorities for the use
of water thereof….” Accordingly, we conclude that the Homeowners Association
owns water rights in the Tagert Ditch, and that the owners of Lots 7-18 have the right
to use water from the ditch for irrigation of their properties.
Mr. Glenn Horn
July 31, 2023
Page 2
2. Irrigation of the Property. We spoke with Otto Moreno, the Property’s caretaker
and irrigator. Otto states that a pump in the Tagert Ditch provides the Property’s
irrigation system with raw water for irrigation through a sprinkler system. The ditch
itself originates upstream and diverts water from Castle Creek on property owned by
the City of Aspen. Otto states that the Property has always been irrigated from the
Tagert Ditch using the HOA-owned water rights, and does not use City of Aspen
treated water for irrigation purposes. The HOA operates the ditch system for the
benefit of the homeowners using water from it, and the Property owner pays its
assessments yearly for its use rights.
We conclude that the Property is irrigated solely from the Tagert Ditch through water
rights owned by the Black Birch Estates Homeowners Association. We hope this
information is helpful, and please feel free to contact me with any questions.
Very truly yours,
Patrick | Miller | Noto
A Professional Corporation
By: ________________________
Paul L. Noto
noto@waterlaw.com
cc: Client
Recorded at,--__._----•--o'clock----M., _---------....-----
Reception No. ----
QUIT CLAIM DEED
C7'7.%i, .�. and __..1. G. �:r�2 f
Husband and •'.'rife,
whose address is 7'.-C).3ox 9309 A31D:7,1
County of �I''- ! T , and State of
291358
I
SILVIA DAY1S I
I 1 Kill 6IlTY REZ9111111BK i
C c_ C_=T O , for the consideration of "en Dollars
n other considereti
� i, ( - •r�) � oFYollars, in hand paidUL 27 1 29 PH'81,
O y` 9 3 J _r r �_ '� '
Zz hereb sell(]dand uitclaimpdto 7.�.�k _-�i�:,h _o.e0':.ners _ SSOCiatiOri I_.C.
a Colorado Corporation (non —:profit)
o whose address is 1170 ;;orth -River :=.'rive, .0.?ox 7�4, :spen,Colorado..
p County of 7 -_Ili-fT , and State of C 0? OiL'' 0 , the following real
property, in the County of ?I^ls1 and State of Colorado, to wit:
nTracts _:., 3, and C md. the following described streets
drives and r0ad;yays,to ;fit: OverlookDrive,3lack 3irch Drive,
and ?iver give, as such tractr, and streets have been described
and met forth in that certain ?L:.^ filed in the office of the
Cleri: and ?ecorder of 1itlkzin CoVn7uy as DooLunent 127234 in
-'LAi DOOK 3 at gage 244;hoviever, reserving to the Grantors
hereof the non-e..clusive rigtts of ingress and egress over,
ur_dgr and across such tra.cts,strgets and roadways for- their
own, their heirs and assig.s use, benefit and enjoyment.
2ive-tenths (0.50) of one cubic foot ?per second to the
;later described and adjudicated in Cause # 4033 of the
District Court in and for the County of Garfield and the
t^te of Qolorado tinder priority Ifi=ber 553 and dated
_'_ur ast 19,194 7 from the Iab+ert Ditch at the historic point
of diversion -which is located on the above described '01at
- within Tract A.
also known as street and number Per the '=1D.t
with all its appurtenances
Signed this 21 st day of July
51AIE DUGUMENTARY FEE`.
i
JlA 2 71987
ly 87.'
C h arles ':forth
.:nn. c. 11orth
SZTATE OF COLORADO.
County of i u—
f The fdr.HYojng•itelr.ument µvas acknowledged before me this 21 st day of JtLI
i
n r�t 18.G(.by a.lial2eb . 7.orth ,..:^_d '.nn G. .7ort1l,,
My cortttnsRjon exp4re9 ,
WXTUESS my hund and official seal.
ttfa�r f16Ls ry
Ll
1 111111 lllll 111111 11111 llll lllllll 111 •. ,1; 11111 llll llll
404700 0!/22/1997 09:23A QCD
1 oft R 6.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
QUIT CLAIM DEED
TIDS DEED, Made this £ day of rQo..t, , 19 � between Kiefer Mendenhalland Mary E. Mendenhall of 1300 Red Butte,Aspen, County of Pitkin, State of Colorado,Grantors, and Black Birch Home Owners Association, whose legal address is c/o Felix Pogliano,1110 Black Birch Drive, Aspen, County of Pitkin, State of Colorado, Grantee,WITNESSETH, That the Granters, for and in consideration of the sum of TENDOLLARS ($10) the receipt and sufficiency of which is hereby acknowledged, have remised,released, sold, conveyed and QUIT CLAIMED, and by these presents we remise, release, sell,convey and QUIT CLAIM unto the Grantee, its heirs, successors and assigns, forever, all theright, title, interest, claim and demand which the Granters have in and to any and all remainingwater and water rights, structures and structure rights owned by Gran.tors, including, but not byway of limitation, their interest in the following specifically described water n hts:Name Total Decreed Adjudication AppropriationAmountDateDateTagert Ditch 1.59 c.fs.August 25,1936 April 10,1905Tagert Ditch, First Enlargement 1.41 c.f.s.October 24,1952 August 19,1947Tagert Ditch, Second Enlargement 1.50 c.fs.July 31. 1978 June 1, 1960TO HA VE AND TO HOLD the same, together with all and singular the appurtenancesand privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right,title, interest and claim whatsoever, of the Grantors, either in law or equity, to the only properuse, benefit and behoof of the Grantee, its heirs, successors and assigns forever.IN WITNESS WHEREOF, The Granters have executed this deed on the date set forthabove. K�rl�•-LlXJ lrJ MA{ �-tn?U�Mary E. Mendenhalls;A,'IB'?l° �Q�ORADO ) •·' \,� ·. 4 · • r.-··: 'l. ) ss •• • -l .... ·· .. ')' . /�tt,of.f,1�\\ ·. ,)i � .: c-: � q"' ··/-i \ . J \ \ � :_ � • el'9re�g instrument was acknowledged before me this J;ln1..· day of l h l ['\,':- � · / _-i:.'l-1<1iri:· �9..91, by Kie.hr ('(\endef"lhal\ � '(T\ary f:. Vhmc enQ
• ,,, 1'� I • •,. • ...• '"T., , ::,.()(X) '••,.,,�My commission expires JQ.O(nry I l •l-9--. Witness my hand and official .seal.390AQCBB.OL�ii ,1a:J-c;R. fl..,(] u_ t_ot P lie f
Ju1-19. 2005 2:43PM : & EDWARDS PC No-9369 P� 2
F<IPd for Record lock P.M. dune 22. 1967 ) 0
w Reception No. emy E. Coble Recorder �,�1 ppyE�
Protective Covenants for Black Birch Estates
Whereas, Charles E. Worth and Ann G, Worth (CEW and AGW) are the
owners of Black Birch Satatem, situ+te in the W14, 8ectiou 1, Tuwu-
ship 10 South, Range•85 West-, $th P.Y., Pitkin County, Colorado,
according to the Plat thereof, recorded as Document #127234, Plat
Book 3 at page 244, of the Records of Pitkin County, Colorado, and
the owners now desire to place certain protective covenants on said
Subdivision for :he use and benefit of the persons who from time
to time shall hold title to or otherwise have an interest in the
lots comprising said Subdivision far the purpose of establishing
Black Birch Notates as a desirable residential area of permanent
nature and the highest quality. Now, therefore, CEW and AGIN hereby
declare to and for the benefit of all persons who may hereafter ,
purchase and from time to time hold and own any of said property,
that said property is subject to the following protective covenuata
and conditions, all of which Shall he deemed to run with the land
and inure to the benefit of and be binding upon the owners at any-
time of said lots, their heir*, successors and assigns, to wit;
I
All buildLug lots in Black Birch Estates shall be used for residen-
tial purposes only, which limitation shall exclude commercial and
business rises, multi -)family dwellings. No structurpt; or buildings
shall be erected, placed, altered, or permitted to remain on any
lot other than one single family dwelling which may include porches,
garages and other permanent improvements, but not a guest house,
nor shall any lot be occupied at any time by more than a single
family and its guests. No basement, garage, tent, temporary struc-
ture or other building erected on any lot-sball at any time be used
as a residence temporarily or permanently, nor shall any temporary
structure be used as a residence or permitted on any lot. No lot
or tract may be used as a toad access to any property situate beyond
the boundaries of the subdivision as platted.
II
No lot may be subdivided or in any manner made into a lot with
boundaries other than as shown on said plat of Black Birch Estates,
providing, however, that adjoining property owners may relocate
common lot lines by buying nr selling property fLom each other,
providing that such axles will not violaLu &try--rest-rictttons con-
tained herein, any zoning regulations of Pitkin County, and the
relocated lot line shall be the line .used for set -backs, and the
resultant lot shall thereafter be treated for all purposes as a
single lot. Contiguous lots under single ownership may be treated
as a single lot regarding set -backs and said owner may build across
Interior platted lot lines.
III
Any and all buildings including porches, decks, garages and other
structures shall be seat back at least 25 ft. from front lot lines,
Stewart Title of Aspen
Ju1.19. 2005 2:43PM IN COTE & EDWARDS PC No•9369 P. 3
which are the lot lines floating on or adjoining onto roadways
and cul-de-sacs; 15 ft. from aids loft lines and 10 ft. from rear
lot lined; .excepting frog the above, certain set -backs on thos..
lots specified below: Rear set -backs on lots 4, 5 and 6 shall
be 75 ft. The set -back from the Northeast side lot line of lot
6 shall be 50 ft. and the front get -back on lot 7 shall be south
of the Tagert Ditch. Set -backs on all lots bordering the Roaring
Fr.+'• and Castle Creek shall be 15 ft.'or more from the River Bank
int L,ldi.ig decks and porches.
IV
NO noxious trade or offensive activity shall be carried on upon
any lot nnr shall any thing be done which may become an annoyance,
nuisance or danger to the neighborhood. Without limitation to
these, the following items shall be considered noxious, offensive,
annoying or dangerous: use of poisonous sprays, motorcycles,
offensive odors, loud or annoying sounds, discharge of firearms,
bright outdoor lighting, mining or drilling operations.
Y
The 1nllowtng will not be allowed on any lot: outdoor television
antennas, exposed garbage or trash cans, incineraLorm, above ground
oil or gas tanks, fences higher than 6 ft., signs, lumber, scrap,
refuse or trash. Trucks, boats and similar equipment small be
housed or well screened. Na animale shall be kept on any lot
except dogs and small household pets which shall be kept on the
owners lot and only as long as the pet or dog does not bother or
annoy other lot owners. Au imals which are even slightly noisy
shall be kept indoors.
VI
Tracts A, B, C,to be placed under common ownership, shall be used
only as foot paths and utility easements as necessary.
VII
All power lines, telephone lines and other utilities shall be buried
underground, providing, however, that CEw and AGW reserve the rig:xt
and privilege to erect and maintain power and telephone lines over-
head for distribution of Lhese services within said subdivision
_ -*here necessary.
Vill
All sewerage systems shall terminate in an approved manner sub-
ject to the following limitations: the closest point of the
structure of a disposal system shall not be leas than 75 ft. to
the--bwrk of, -#hp Roaring Fork or Castle Creek or legs than 75 ft.
to the line between level ground and the steep slopes on icts 1,
-2-
Stewart Title of Aspen
Ju1-19. 2005 2:44PM 1N COTE & EDWARDS PC
No•9369 P- 4
6DO & I er,1451,'
4. S, 6. At such tiw^ s—►erage is available through a Public
Sanitation System, property rp+sidents shall connect to such facil-
Ities within a reasonable tarac.
IX
Lot nwners constructing fences, landscaping or other structures
upon any utility or ditch easement located in or platted on the
map of Slack Birch Estates shall have the sole liability to re-
place or restore any such fence, landscaping or structure as may
be destroyed or damaged through construction, maintenance or re-
pair of any utility service or ditch.
X
The strews bad and banka of the Roaring Fork and Castle Creek shall
not be altered, changed or in any 'ray affected by any lot owner. it
being in the best Interest of the subdivision to preserve the River
and banks in its natural.state. No trees shall be cut or destroyed
except an may be required for construction of the residence, out-
side watering shall be used from ditches where available.
RI
The unc.?rsigned owners of Black Birch Estates, or someone duly se-
lected by said owners shail be and shall serve as the Architectural
Gnntrol Committee, herein referred to as the ACC, until such a time
AS 8`1 of the lots within said subdivision shall have been sold;
therea-ter the Irt owners of record may elect three lot owners to
serve as the ACC. The representatives of the lot owners shall serve
as provided in By -Laws as drawn up.
No buildings, structures, fences, walls shall be erected, altered
or permitted to remain on any lot, nor shall any trees be cut until
campletp p'ianR, Specifications and site plan showing building lo-
cations have been approved in writing by the ACC, in considering
such plans, the ACC shall base its decision upon the design, exterior
building materials, building compatibility with eXisting structures,
consideration of topography, natural features and surroundings so
as to compliment the area aesthetically with a minimum impact.
Specific guide lines include: the ground floor level of any residence
erected an any lot, exclusive of porches, basements, garages and
subsidiaries shall not be leas than 1,000 sq. ft. Hoof design and
pitch will he given +.arefui consideration it order to achieve
structural (soundness, durability and pleasing appearance. A -frame
buildings will not be allowed. Buildings on lots 1, 2, 3, 4, 5 and
6 Will be limited to no more than 15 ft. in height, measured Ya
average grade to roof peak. Buildings on lots 7 through 18 shall
not exceed 24 ft. in height as measured above, and providing that
the above height limitations may be waived by the ACC in writing.
-3-
Stewart Title of Aspen
Ju1-19. 2005 2:44PM _1N COTE & EDWARDS PC No•9369 P. 5
u J7 PAGER
All exterior construction of any structures and Improvcments on any
lot shall be completed within one year of the -date of invro,al of
the plans by the ACC and landscaping thereof shall be completed in
an additional six months. In furtherance of the conc;epts.of de-
si3n and durability of materials, the following exterioz matcrials
will not be approved: metal siding or roofs, plarrI,:v, imitation
stone or woad, asphalt or aehestos siding, asphalt '-:A?fiGa .;.Tingles,
glass bricks or other composition and imitation materia'.3. cinder
blocks, stucco and white paint may he used but subjeo, to specific
approval by the ACC. Roofing should consist of'wooden shakes, slate,
Lilt, sod or built-up tar and gravel. Final building tone should
be subdued and compatible witL the surroundings. If the ACC falls
to approve or disapprove plans submitted to it within thirty days,
it shall be presumed said plans are approved. In the event that
plans are disapproved in writing, the lot owner may re -submit plans
in 15 days for reconsideration thereof.' All plane will be reviewed
by a member of the ACC who is a registered architect. A fee of
$54.00 will be charged for such review of plans which the land=
owner agrees to pay on demand. The'ACC may 1napect any structure
during construction.
XII
The invalidation of any of the foregoing restrictions &;hall not
effect the validity of -any other restrictivn, it being the intent
of the undersigned that each provision shall be severable.
XIII
If any property owner within the above described subdivision shall
violate or attempt to violate any restriction contained herein, it
Shall be lawful for any other property Owner in the subdivision to
prosecute the violator to prevent violation or to recover damages
therefrom.
F:4 U
The restrictions, covenants and conditions created and established
herein for the benefit of Black Birch Estates and each lot therein
shall continue in full force and effect for twenty-one yearc from
the date hereof and shall be extended t;utc��Gi ' ly...t•�t _.�t+�+in��nus
ten year periods unless modified ar terminated in the following
manner: prior to the expiration date of said twenty-one year period
said restrictions, covenants and conditions may be tdFrn2nated or
modified by the recording of an appropriate wxi.tteL irst_ument in
the office of the Clerk and Recorder of Pitki County, Colorado,
executed by a majority of the record lot owners arl CEW and AGX or
tI;, successor of CEr and AGN designated in writing. After the
initial twenty-one year period, modification or termination may
be accomplished in a like wanner with written consent of the record
owners of 80% of the lots.
-4-
Stewart Title of Aspen
Ju1-19. 2005 2:44PM N COTE & EDWARDS PC No-9369 P. 6
EY b00K&O ( PACE456
A HomeOwners As*ociatina (HOA) shall he formed as a non-profit
corporation to nonage the interests of lot owners in Black birch
$state$. The owners of eadh lot sL_,11 be me.abers of the HQA, en-
titled to one vote for each lot owned and shall be required to pay
assessments levied by HOA, The RUA may be ftirmed upon demand of
50% of the record lot owners in said subdivision or by CEN and
hafter two sears
Te functions fa•oM the ,late of execution of this luatrument.
ship of real p
The of the HOA shall include but not be limited to; Own,rr_
roperty, improvements, reads, water mains, wells and
related equipment and water rights deeded to Ott by CEW and AGA;
maintenance of a.•oadg, snow removal, milluttuance and operation of
the water system, payment of taxes and other bills related to its
operations, providing insurance as necessary and levying assessments
on lot nwnc�,rs for services provided in a uniform manner and without
profJ.t- Assessments shall be payable annually and determined on
the basis of a yearly budget and small emergency reserve. Upon
formation of the BOA
C! CEW and AGW shall deed thereto: tracts A, B,
, all roads and cul-de-:,acs as shown on the plat of Black Birch
Estates, all water mains, welle and equipment and one-half cubic
If feet per second of time c { adJudicated water from the Tagert Ditch.
any lot owner fails
the liO40A 5i�$I1 have to pay assessments levied by the BOA, then
the a lien against the lot of the said owner for
the amount due and unpaid,
Plus Interest on the plus coats and expenses of collecting,
Of failure tbalance at S% per anaum by recording notice
Of Pitkirs Co pay in the Office of the County Cleric and Recorder
ounty, Colorado. The lien may be foreclosed in the same
manner as a deed of trust in the State of Colorado. In addition
to other legal remedies for non-payment of assessments, any services
provided by the HOA may be discontinued until hall
Assessments assess
have been paid. Prior to the formation of the the he sesCEW and AG
Shull provide road maintenance, snore removal, water supply and
water line maintenance for a owner and CEW and AGX-
nominal sun agreed upon by the lot
ment this
In Ri t)iesrs whereof, the owners have exb% uted L 7_"may of - Nu LA_ ,N.. , 1967. this ibatru-
X.E _
STATE OF CoLOROO) nn yr 'S
County o[ pitkin ) ss
thish'e foregoing instrument was acknowledged before me
, 1 dny of June, 1967 by Charles E. Worth rth and Ann G.
iltntea .MY hand and official seal,
o ary ArLAULIC
Ry commission expires:' . -
Stewart Title'o Aspen
Jul•19. 2005 2:44PM . tN COTE & EDWARDS PC No�9369 P. 7
1st flwu,�twi w,i
--.— J u I - 19. 2005 ' 2 : 44PM I i N COTE & EDWARDS PC
�� � '1',�:�r��y�'t, •►.'.t..if��:.i`sly►x�FfT,t�irt
1t�4tl�s '�t- u:,iq, 1p:la Ric T95.�74 ter: B Pr M
1�klvin Davks, PitFtft Cnty Clorl;, Dom IF.•j,%
MOT AMENDNENT TO PROTXCTXVB COVSKANTs
VCR
BLACK NXRCM liTATIs
This First Aaendse.LLto Protective Covenants for Black Hirsh
Estates is made this day of January, 1-192 by the Black birch
Estates Homeowners, Assoc ation, a Colorado non-profit corporation
(the "A$anciation").
WHEREAS, Article XIv of the $sWtestive Covenants provides that
the Protective Covenants way be amended by the written consent of
the record owners of eighty percent (m) of the lotat and
3 WFIM EAs, the Asaociatic•n desires to amend the plat of black
9irGh Estates recorded in Ao it 7 at Page 244 of tho real estate
racorda or Pitkin County, Colorado (the "plat"), to add the R. Q.
Andaman Tract lying south and west of Lat 1p, slack Birch Estates
and
WHERNks- Article X1 of the Prcteetiv�-- Covenants prohibits the
modification of lot boundaries other than as shown on the plat by
the addition of adjacent property to an existing platted lot; and
WHEREAS, the Association desires to amend Article II of the
Protective covemrkta to accommodate the addition at the R. o,
Anderson Tract conaisting of approx1meLtely 1.017 acres to Lot 10 by
amendment of tha Plat.
NOW, THEREFORE, the Association does hereby amend the
Protective Covenants Rs follows:
1. Article I1 is deleted in its entirety and the following
language is substituted therefor an follows:
"A lot may lie subdivided or made into a lot with
sl boundariem other than as shown an said plat of Black
Birch tatataa upon the written consent or eighty percent
(801) of the record lot aimers and tha filing of a plat
amendment in the real estate records of Pitkin county,
• Colorado, in accordance with the Aspm% Land Use code. In
l addition, adjoining propert! owners may relocate common
lot lines by buying or nelling property from each ather,
provid'nnqq that (i such males will not violate any
i restrLtiona contained herein or any zoning regulations
of the City of Aspen, (ii) the relocated lot dine shall
be the line used for setbacks, and (Ili) the raaultad lot
shall thereafter he treated for all purposes as a single
lot. Cal.tiquoga lots under single fmmily ownership may
be treated as a single lot regarding setbacks -and said
Owner MY build across Interior platted lot lines. whe
filing of an amended plat to reflect any relocated lot
linen in accordance herewith shall be at the sole cost
Nc
4
'Ju1-19. 2005- 2:44PM jN COTE & EDWARDS PC
G
,
1
1
'Ux
j v
. •gyp .�j'�3,�;! ' • �,`�{'�,#�y• � � ".
!~:!P fr.,, F9Ci.i��:, ni 64Q!'G 216
Silax� bavts, in Cnty 171ve1.r
and expense or the lot owner or owners affecting any ouch
lot lino adiustl5ent or relocation."
2. The provisions of thin amndvent shall he in addition and
6upplameAkal to the provisions contained in the Protective
Covenants recard*d in BOOR Z37 at page 452 ae Reception Ho. 127139
of the real 4atate records of Pitxin County, Colorado, and shall
and do, in all other rasgects ratify the samrs,
IN WITNESS MIEREOF, thin First Amendment to Protective
covendnta for Slack Birch restates waa ado tad pursuant to the
written convent of the record owners pf � percent (�I) Of
the lots in Black Birch 6atatas, cape o whieh consents are
attached hereto.
drAcplblkbrsA.re.
4
a1a nGerA1jjF=r es de t
Oi the Black 0 clistates
1loseownets' has ciatinr.
Fel x Foglfpno, Secretary of
Black bircWEatstes Homeowners,
Association
No-9369�P. 9
„_Sep, S. 2005 8,31AM KLEIN
COTE & EDWARDS PC
No 0038 P, 2 _
BY-LAWS
or
BLACK BIRCH ESTkTES HOMEOWNr RS ASSOCIATION, INC.
ARTICLE I
NM4BERSHIP AM VOTING RIGHTS
section 1. owners-Hembers: Membership in this Association
shall be as set farth in the Declaration of Protec-
tive Covenants for Black Birch Estates Subdivision
as
recorded in the records of the Clerk and Recorder of Pitkin
County, Colorado, and in the articles of Incorporation for tills
corporation.
Section 2. Ric:nt 4o "rote: Members snail have such sot;Lna
rights as provided _n ' - , .'... .,_ . the Ar ti-
Gles oI incorporat-•c -for this corporation.
C%"C t' an 3. � � yes: voting bypronzy is
prrvidcd that all [.�Ci 1eS shall heill&d_ WZCh the -rreta y
the Association at :east 48 hours prior to the tl.me of any
tx�eeting .
section 4, uo:;:L -, A, majority of the members entitled to
vote shall constitute a claorum for the transaction of any busi-
;less of the Association, including the election of Directors.
Section 5 . Adam tion of Resolution: it shad require a vote
of not. less than the majority of me members present at a meeting
in person or by pro ty to adopt a resoiuticn presentee a4 a
membership meatinng adoption.
i-J.SSILia� ..
f•:E:sB��aiixP r:,E�,=F�tG
Sewtioa I. ZL^:aai 147e'ar-iIIa
The
annual
meetings o—f tii?
members of the Asscc:La4i.on siaall be
held
on the
30*” of �aayaru
of each year, commencing with. the
year,
198h_, .
or on such ._)ttier
date and at such tine and place as
may
be fixed
by the Board of
Directors.
L,. Section 2. Special Meetings: Special meetings of meenbers
of t:he association may be called by the President, oL by cesolu•
tion of the Board cf Directors of the Association, or upon a
petition signed by net less =izan 25% of the members entitled to
vote, the same having been presented to the Secretar_r. A notice
of any special meeting shall state the time and Place of the
meeting and the purpose thereof. No business shall be transacted
at any special meeting except as stated in such notice.
#27D39 -I-
Sep. 8. 2005 8:31AM KLEIN COTE & EDWARDS PC
No•0038 P- 3
Section 3. Place of Meeting: Meetings, both regular and
special, of the membership shall be held at such suitable place
.within Pitkin County, Colorado, as may be designated by the Board
of Directors of the Association.
section 4. Notice of_Meeting: Notice of the annual meeting
of members of the Association, setting forth the place, date and
time of such meeting, shall be mailed to members entitled to vote
at least fifteen (15) days prior to the date fixed for such
meeting. Notices of special meetings, shall be given, to members
" entitled to vote at 'Least five (5) days prior to such meeting.
All such notices shall be mailed by the Secretary of the Associa-
tion, postage prepaid; and addressed to the member entitled to
vote at his last known address shown on the records of the
Association. Notice of any meetings as above provided shall be
provided to any homer of a first mortgage on a Lot within the
Subdivision upon the Association receiving a written request from
such first mortgagee to receive all such notice.
Section 5. Adjourned Meetings: If any ineering of the
:'El M.bers cannot be ccrduc _e Loy- !Ack of a quorum at sa_d meeting,
,ithe]: in person or 1]_, pro_.y7 the presiden= may adiourn the
meeting to a later Gale no t more than ten ( lv ? Mays from the time
of the original meet;6ng.
Section 6. order of Business: The order of business at the
annual meeting of members shajl be as Follows:
a) Roll call of members present entitled to vote
b) Inspection and verification of proxies
c) Reading of minutes of the proceeding annual meeting
d) Report of officers
e ) s'r asidenc- 'ce- z t
f) Committee _enores
g) Election of mem"-ma -s of the Board of D4jXaotors
i:) Unfinished business
i) New business
ARTICLE III
BOARD OF DIRECTORS
Section 1. Number and Qualifications: The affairs and
business of the Association shall be conducted by a Board of
Directors consisting of not less than three nor more than five
members who shall be elected at the annual meeting by members of
#27D39 -2-
Sep. 8. 2005 8:31AM KLEIN COTE & EDWARDS PC No•0038 P. 4
the Association. M.embers of the Board shall serve until their
successors are duly elected and qualified.
Section 2. Election and Term of office: At annual meetings
of the membership of the Association to be held'as herein provid-
ed, the terms of office of the Directors may be fixed for such
period of time as the membership may determine and such terms may
be staggered, that'is to say, various members may be elected for
terms of different lengths so that there will be a carryover of
old Directors at each annual meeting and only new Directors will
be designated thereafter, provided that nothing herein contained
shall prevent the election of a Director whose terms has expired
to a new term as sucks Director.
Section 3. Vacancies: Vacancies in the membership of the
Board of Directors caUzed for any reason other than if%e removal
of a Director by a vote of the membership as herein permitted
sha..i be filled by a vote of a majority of the remaining Direc-
cors even though they may constitute less than a quorl:~;; and each
Verson so elected .s hall be Di recror a.ntil his s:_zcesscr _s
elected at the ne::* annual t-neering of the t�e:n;re. ship .
Section 4. Removal of Directors: A Director may be removed
As such at any regular or special meeting duly ca l.ed, with or
without cause, by a vote of a majority of the members entitled to
vote, and a successor may then and there be elected to fill the
vacancy thus created: The term of office-Qf any director ahall
be declared vacant when such Director ceases to be a member of
the Association by reason of the transfer of his ownership of a
lot.
Section 3. Compensation: Directors shall not be paid any
compensation for their servic�ts performed as such Directors
un],ess a resolution authorizing such remuneration sha..l have been
adorlteed by the soa2.d ::z: :ae '?d may h%�
a:ei �lbursad fur actual 4 ;i�� 5� ; _�; L:!" �'�.' _i _ t n.riec- .... :'+y ittl tt?eii
duty as Directors.
S: Ction 6. organization 7.leatinG Wi :hin a pe,'ic:, of ninety
( 9G ) days following the =:.ection oaf newly electe:i Board of
Directors, an organization m4etirig of the Directors sh+ii be held
at a time and place fixed; by the Directors, at wh::ch meeting
officers of the Association shall be elected as provided for in
Article 14 hereof.
Section 7. Reou.iar Meetin s: Regular meetings of the Board
of Directors shall be held at such time and place as shall be
determined from time to 4ime by the President of the association
or by a majority of its Board of Directors setting forth the
place, date and time of such meeting, shall be giver, each Direc-
tor personally or by mail, telephone or telegraph, at least three
(3) days prior to such meeting-
027D39 -3-
Sep. 8. 2005 8:31AM KLEIN COTE & EDWARDS PC No•0038 P. 5
Section 8. Special Meetings: special meetings of tiae Board
of Directors may be called by the President or Secretary on 48
.hours notice to each Director given personally, by mail, tele-
phone or telegraph, which notice shall state the date, time and
place of the meeting and the purpose thereof.
Section 9. Waiver of Notices Before or at any meeting of
the Board of Otrectors, any director may, in writing, waive
notice of such meeting and such waiver shall be deemed equivalent
to the giving of such notice. Attendance by a Director at any
meeting of the Hoard shall be a waiver of notice by him of the
time and place thereof. If all the Directors are present at a
meeting of the Board, no notice shall be required and any busi-
ness may be transacted at such meeting. Presence may be by
telephone communication, in such a manner as all directors
present may hear and speak with each other.
Section iQ. ucrum: N' majority of the Board of Directors
-hen in office szali constitute a quorum for transaYt=on of any
:-)usiness of the Association, and the act of a ma aY_t%, of the
Directors present ac a ;sae__: g at which tine a auQrur was present
Shay ! be the act of the Board of Diracto,rs. if at a:-:-: meeting of
7.iie Board of Di*-ectn s tslere is less than a quorum _-resent, the
,:a jority of thcse present -may adjoarn the meeting to a later
-late. At any adjournWd ,meeting at which a quorum is present any
business that might have been transacted at the meeting as
originally called may be transacted without further notice.
Section 11. Duties: The Board of Directors shall carry on
the duties and manage the affairs of the Association pursuant to
Incorporation of the corporation.
Section 12. indemnification: The members of the Board of
Directors skull not be liable to the members of the rssociation
for any mistake of iudgment, negligence, or otherwise, except in
.he a��eat of «ilia__ or final€easance. 'I1..e is
-jhali=1de►ila2if % i .: -- sGCiatic.s
a lG v iC p a av ^ �''= 3 C-f the,
30a;d of Directors _ 'r:.�.ess cix •�r �.:�.e rci�,..r. -
rectors against 2, i contractual ii abijl t, es _o
Cicrig cut of conra:aG!:s :nada by Pile Scarf, of �ilrectcrs :.,n behal
4a1+3 .-asociation and its fii�''I_ ers, a:id in .'.orL.1
Performed pursuant -o � ha L, lcla 3 tion, un'ess ji.ic, Di rsc'tot
or Directors are adjudged guilty of willful misconduct or mal.fea-
aance in the perfornlarce of zhe.ir duties as Directoxs_
ARTICLE Iv
�--� bFFZ Cr,RS
Section 1. Desianaticn; The principal offices of the
Association shall be a ziesident, vice President, Secretary and
Treasurer, all of whom shall be elected by the Board of Direc-
tors. The officers cr the Association may be combined, except
that the President ar'cd Secretiary shall not be the same person.
Other officers or agents may be appointed or elected by the Board
of Directors from dine to time.
#27D39 -4-
Sep. 8. 2005 8:32AM KLEIN COTE & EDWARDS PC No-0038 P. 6
M
section 2. Election of Officers: The officers shall be
elected annually by the Board of Directors at the organization
"meeting of each new Board and shall hold office at the pleasure
of the Board of Directors.
Section 3. Removal of Officers: Upon an' affirmative vote
of a majority of the members of the Board of Directors, any
officer may be removed, either with or without cause, and his
successor elected at any regular meeting of the Board'of Direc-
tors or at any special meeting of the Board called for such
purpose.
section 4. President: The President shalt, be the chief
executive officer of the Association. He shall preside at all
meetings of the Association and of the Board of Directors. He
shall have all of the general powers and duties which are usually
rested in the office of the President, including, but not limited
to, the power to appoint committees from among the ounars from
time to time as he may in his discretion decide is appropriate to
assist in the conduct of the affairs of the Association.
Section 5. 'rice President; The v ce President shall ta�a
the place of the President and perform his duties a henever the
President shall be absent or unable to act. If neither the
President nor the Vice Fresident shall be able to act, the Beard
of Directors shall appoint some other member of the Board to do
so on an interim basis. The Vice President shall also perform
such other duties as shall from time to time be imposed upon him
by the Board of Directors.
Section &. secretary: The secretary shall have the respon-
sibility for keeping the minutes of all Meetings of the Board of
Directors and the Association and such correspondence as shall be
necessary and such other duties" as shall from time to time be
imposed on him by the Board of Directors.
Section 7. Treasurer: The Treasurer shall have the respon-
sibility for Association funds and securities and silall be
:.esbonsibie for keeping full and accurate accounts of all re-
�;aipts and disbursements of the ;association, and deposit its
.funds la such depositaries as may from time to time ce designated
by tiie Board of Directors.
section 8. Indemnification: officers of the association
shall be indemnified for any act they may perform upon behalf of
the Association in the same manner herein provided for indemnifi-
Cation of members of the Board of Directors.
ARTICLE °y
RULZS AND REGULATIONS
The Board of Directors may, from time to time, promulgate
rules and regulations consistent with and in furtherance of the
Declaration and the Articles and the By -Laws of the Association.
#27D39 ��_
.. Sev 8. 2005 8:32AM KLEIN COTE & EDWARDS PC No•0038 P. 7
ARTICLE VI
ASSESSMENTS
Section 1. Lea of Assessments: Each member of the corpo-
ration shall be subject to an annual prorata assessment for the
maintenance and operating expenses of the corporation including
the payment of the'debts of the corporation and interest thereon
and for the cost of extensions, additions and improvements to
common areas, common elements, raw water systems, road mainte-
nance and all other property owned or acquired by the corporation
as well as all other expenses of the corporation. In addition to
the general assessments stated above, Lots 7-18 of the Subdivi-
sion shall be subject to an annual. (and where necessary interim)
assessment for the ownership, maintenance, replacement and
operation of the Tagert Ditch structure and the priorities for
the use of water thereof (hereinafter "ditch assessment"). it is
the intent hereof to equally assess all Lots which are now (Lots
7-18, inclusive) receiving a benefit from such water structure;
in the event the association utilizes the structure or water
rights for any common area irrigation or use, the Association
shall apportion an Mount equal to the ditch assessment for each
of the tots specially assessed and shall then pass such assess-
ment on to all Lot owners as a portion of the general assessment.
.In the event the ditch structure or water rights are sought to be
improved, expanded, modified or otherwise changed which results
in any Lot now subject to ditch assessments not being able to
enjoy in the benefits of said structure or water rights, that Lot
shall, by written recorded instrument, be -released from further
ditch assessments; conversely, in the event any lot not presently
able to enjoy the benefits of said structure or water rights
becomes able to enjoy such through any improvements, modifica-
tion, enlargement or change Of the ditch or water rights, that
Lot(s) shall then be subject to ditch assessments. The amount of
such annual general assessment and/or ditch assessment shall be
determined by a vote of the members of the corporation at their
annual meeting. The members of the corporation shall have the
ewer ac any special ►meeting of t1le members called sor that
pi4rpose to levy additional assessments necessary co meet the
obligations of the corporationi. s.he Board of Directors may by
resolution establish rules and regulations c_oncernirq the opera-
'Ci.on of any particular aspect of the corporation, including ra°rf
water system, common recreational elements, etc., and eras provide
such initiation assessments, monthly assessments, and other
matters as the Board of Directors deems appropriate. Any funds
or revenues derived from Association fees or assessments in
`�. excess of a fiscal year's expenses may be carried over and
applied to the next succeeding year or years dues and gees as the
Board of Directors deems necessary or advisable.
Section 2. Enforcement: The members when levying any
assessment shall fix the date at which the assessment shall be
due and payable. Any such assessment shall become delinquent
thirty (30) days after the date so fixed and thereafter such
assessment shall bear interest at the rate of 18% per annum until
#27D39 -6-
Sep, 8. 2005 8:324 KLEIN COTE & EDWARDS PC No-0038 P. 8
PEA
paid. Members who are in arrears in the payment of any assess-
ment (annual, monthly, or special) shall not receive, nor be
entitled to receive any service for which the assessment is due,
including but not 'Limited to raw water service. All past due
assessments shall be and become a lien against all real property
owned by the delinquent member, and the corporation shall have
the right to institute foreclosure proceedings or, prosecute a
civil action against any delinquent member to recover the amount
of any assessment which is delinquent, together with interest
thereon, costs, and reasonable attorney's fees.
ARTICLE V11
BOOKS AND RECORDS INSPECTION
Section 1. Books and Records: The Board of Directors shall
cause to be maintained at the principal office Of the Association
complete books of account of the affairs of the Association.
Section 2. inscection: Such hooks of account shall be open
to inspection upon rye written demand of any member or holder of
a first Mortgage or znv Lot, for a purpose reasonably related to
-pis interest as suc wrier or mortgagee and shall be exhibited to
such owner or mortgagee at any reasonable time upon reasonable
request made to the Board of Directors. Such inspection by any
owner or mortgagee :may be made in person, or by his agent yr his
attorney, and the right or inspection includes the right to snake
extracts and perform audits. All of the foregoing shall be at
the expense of the owner or mortgagee requesting such inspection.
Requests for inspection shall be made in writing, directed to the
President or Secretary or to the Board of Directors.
ARTICLE V111
SZAL
The Board of Z:i_-a:tcrs shall provide a coxpora*e seal which
shall be circular 'Lft form and shag ilave inscribed thereon the
flame of the tissocia-i;:n and the State of incorporation and the
word, ''Seal'' .
ARTICLE Ili
�•TLIy'DML�i T
These By -saws may be amended by a majority vote of the Board
of Directors at ar.;f �Zegular meeting or at any special meeting
called for such PUVOOsa, The notice of the meeting to amend the
By -Laws shall sparsfy the amendment in such notice. No By -Laws
shall. be amended nor shall supplemental By -Laws be added hereto
which shall be in conflict with the statutes of the State of
Colorado or the conditions, provision and terms of the Declara-
tion of the Articles of .incorporation of the corporation.
#27D39 -7-
Sep. 8. 2005 8:32AM KLEIN COTE & EDWARDS PC No-0038 P. 9
The foregoing By -Laws were duly adopted at a meeting of the
Board of Directors held the {{TM day of lgg ;
Luk
rf
resides
ATTEST:
Sec reta y
427D35 -8-
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' •�.. n � 1992
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f,
_f:Fd:=1r 11 f
SCALE: 1 "=50'
2' CONTOUR IIJTERVAL
UP
UP
DN
UP
UP
UP
UP
UP
7'-6" CLG
7'-6" CLG
7'-8" CLG
7'-8" CLG
7'
-
4
"
C
L
G
7'-8" CLG
7'-8" CLG
7'
-
8
"
C
L
G
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6'
-
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7'
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8
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UP
UP
UP
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GREAT ROOM
PRIMARY BEDROOM
BREEZEWAY
DECK
STORAGE FOYER
BATHROOM
BEDROOM BEDROOM
WINE CELLAR
BILLIARD ROOM
DINING ROOM
KITCHEN
HIS CLOSET
HER CLOSET
MEDIA ROOM
GYM
BEDROOM
BEDROOM
LAUNDRY
GARAGE
BEDROOM
BEDROOM
STORAGE
STORAGE
OFFICE
OFFICE
DECK
5,211 SF
MAIN LEVEL
1,188 SF
LOWER LEVEL LOWER LEVEL
88 SF
UPPER LEVEL
145 SF
478 SF
8'-0"10'-2"
3'
-
0
"
26
'
-
2
"
18'-2"
29
'
-
2
"
8'-0"
11
'
-
0
"
12'-0"42'-0"3'-6"16'-61
2"16'-6"5'-51
2"
4'
-
6
"
4'
-
0
"
32
'
-
0
"
25'-91
2"28'-21
2"30'-4"
15
'
-
6
"
11
'
-
6
"
12
'
-
0
"
11'-8"
15
'
-
0
"
8'-0"
12
'
-
0
"
17
'
-
0
"
2'
-
8
"
7'
-
4
"
24'-0"
24
'
-
0
"
4'
-
0
"
17
'
-
3
"
10
'
-
8
"
6'
-
0
"
4'
-
0
"
3'-6"17'-0"3'-6"
27'-0"
18
'
-
0
"
26'-8"
21
'
-
6
"
24'-0"5'-0"
24
'
-
0
"
21
'
-
0
"
4'-2"24'-10"
39
'
-
0
"
6'
-
0
"
582 SF
3,676 SF
LOWER LEVEL
14'-91
4"12'-51
2"14'-91
4"8'-0"34'-31
2"7'-21
2"12'-6"
2'
-
6
"
29
'
-
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"
6'
-
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27
'
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14
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2"11'-8"30'-4"21'-101
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12
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15
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8
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17
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1'
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6'-4"
499 SF
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THESE DRAWINGS ARE PRODUCED IN
1/8" SCALE. IF THIS ABOVE DIMENSION
DOES NOT MEASURE WITH A RULER
ONE INCH (1"), THAN THESE DRAWINGS
HAVE BEEN ENLARGED OR REDUCED
THEREFORE AFFECTING THE LABELED
SCALE.
THESE DRAWINGS ARE THE PROPERTY
& COPYRIGHT OF TRUE DIMENSIONS,
ASPEN, CO & SHALL NEITHER BE USED
ON ANY OTHER WORK NOR BE USED
BY ANY OTHER PERSON FOR ANY USE
WHATSOEVER WITHOUT WRITTEN
PERMISSION.
(does not include garage)