HomeMy WebLinkAboutlanduse case.AP.737 N Spruce St.A027-99RPN: 2471-114-00004 Case A027-99R
Porath Minor Amendment to a Development
Permit -COUNTY REFFRRAT.
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CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
A027-99R
2471-114-00004
Porath Minor Amendment to a Development Permit
North Spruce Street
Chris Bendon
County Referral
Harold & Anne Porath
3/8/99
Ord. 4-99
3/6/00
Chris Bendon
PARCEL ID. 2471-114-00004 DATE RCVD: 3/3/99 tf COPIE 1 CASE NO A027-99R
CASE NAMEI Porath Minor Amendment to a Development Permit PLNR: Fris Bendon
PROJ ADDR: North Spruce Street CASE TYP: Minor Amendment STEPS:
OWN/APPA Harold & Anne Porat _ ADR 541 Dryad Road C/S/Z: Santa Monica, CA 9 PHN:
REP: ADR:...W..� C/S/Z: PHN:
FEES DUE: FEES RCVD: STAT: I
REFERRALS Referral from the County
REF: - BYJ DUE:I
MTG DATE REV BODY PH NOTICED
DATE OF FINAL ACTION:
CITY COUNCIL:{, s
REMARKS
PZ:
CLOSED:F , BY: BOA:
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PLAT SUBMITD: PLAT (BK,PG): ADMIN:1
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MEMORANDUM
TO: Tamara Pregl, Pitkin County Planning Department
FROM: Chris Bendon, City of Aspen Planning Department OA�
RE: Porath Minor Amendment
DATE: March 30, 1999
The City Planning Department reviewed this application and has the following
comments:
• The proposed building envelope amendment allows for more gradual final grading
which will better accommodate revegetation and for rock retaining walls which are
preferred over concrete structures.
• The proposed access easement appears to be in an appropriate location given the site's
topography. A recommendation from the County Engineer concerning sight distances
should be sought.
• The City placed conditions upon the service of treated water which pertain to the
site's exterior aesthetics. Please refer to City Council Ordinance No. 4, Series of
1999, attached.
1
ORDINANCE NO.4
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE.CITY OF ASPEN,
COLORADO, AMENDING AN EXISTING AGREEMENT WITH THE PORATH
FAMILY TRUST FOR PROVISION OF TREATED WATER SERVICE.
Parcel # 2737-071-00-011
WHEREAS, Ordinance No. 27, Series of 1998, (the Ordinance) provided treated
water service to properties located in Pitkin County along North Spruce Street including a
parcel of land owned by the Porath Family Trust; and,
WHEREAS, the Ordinance conditioned the provision of water upon submission and
approval of the Porath Family Trust development plans pursuant to the City of Aspen 8040
Greenline Review and Residential Design Standards; and,
WHEREAS, the Ordinance further conditioned any development of the Porath
Family Trust parcel upon annexation into the City of Aspen for the purpose of ensuring the
development would be compatible with the development standards of the City's Low -
Density Residential (R-30) Zone District; and,
WHEREAS, the Porath Family Trust has agreed to develop their property in
conformance with the City's R-30 Zone District, as specified in the conditions contained
herein, and has agreed to not contest annexation if and when the City of Aspen initiates the
annexation of their property; and,
WHEREAS, the Community Development Department analyzed the parcel of land
and recommended the conditions of approval, contained herein, to ensure conformance with
City development standards and compliance with the land use code provisions of 8040
Greenline Review and Residential Design Standards; and,
WHEREAS, the City Council finds that the spirit and intent of Ordinance 27, Series of
1998, is furthered by the adoption of this Ordinance and that the extension of treated water to
the Porath Family Trust property is in the best interests of the City; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Ordinance 27, Series of 1998, is hereby amended to allow the Porath Family Trust
parcel to be developed and served with municipal water while located in Pitkin
County with the following conditions:
1. The Porath Family Trust property shall be developed in conformance with the FAR
provisions of the City of Aspen's R-30 Zone District regulations. The City of Aspen Zoning
Officer shall review the building plans for compliance with allowable floor area aspects of
Ordinance No. 4, Series of 1999.
Page 1
the City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and
Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the
City, except as provided for herein.
2. The architectural development plans submitted to the City Planning Department, dated
February 24, 1999, shall not require a variance from the City's Residential Design Standards.
The window FAR penalty shall not be assessed. Amendments to the architectural plans are
subject to all aspects of the City of Aspen Residential Design Standards, as amended.
3. Highly reflective materials shall not be used on the exterior of the structure, including the
roof.
4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after
construction with native species. Any areas too steep for adequate revegetation shall
incorporate retaining walls which are of similar color to the natural soils and vegetation to
visually blend into the mountainside.
5. The existing vegetation outside the designated building envelope shall be preserved and
maintained in its natural state to the extent practical. Disturbance associated with, and
incidental to, pedestrian and vehicular access to the property is approved.
6. Any and all exterior lighting shall employ down -directional, sharp cut-off fixtures, and in no
case shall outdoor flood lights be used.
7. The Porath Family Trust is encouraged to either apply for and construct a Caretaker Dwelling
Unit (CDU) on the property at this time or leave enough available floor area for the future
construction of a CDU.
8. All aspects of the Pitkin County 1041 Review, as amended, and all aspects of Pitkin County's
development regulations not specifically addressed in this Ordinance shall remain in effect
and shall be reviewed for compliance by the Pitkin County Community Development
Department.
Section 2:
Except as specifically amended herein, all aspects of Ordinance 27, Series of 1998, shall
remain in effect.
Section 3:
Except as specifically amended herein, all aspects of the North Spruce Street Water
Service Agreement, shall remain in full force and effect. The annexation teens of the
Water Service Agreement remain in full force and effect. The City of Aspen may
initiate annexation of the Porath Family Trust parcel at its own discretion.
Section 4:
This Ordinance shall not effect 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 5:
Ordinance No. 4, Series of 1999.
Page 2
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 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record among
the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance.
Section 7:
A public hearing on the Ordinance was held on the 22nd day of March, 1999, 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 was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 8th day of March, 1999.
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
City Attorney
John Bennett, Mayor
day of
. 1999.
John Bennett, Mayor
_yl
Ordinance No. 4, Series of 1999.
Page 3
LIPKIN WARNER DESIGN &PLANNING. LLC 23400 Two Rivers Rd. k 44 • P.O. Box 2239 T 970 927-8473
Basalt, Colorado 81621 F 970 927-8487
Date: 3 March, 1999
Project: Porath minor amendment to a development permit
Location: North Spruce St., North of Williams Ranch
To whom it may concern:
Arnold & Anne Porath, owners of this property, respectfully request an amendment to the approved 1041
Hazard Review.
1. We are asking to expand the location of the existing building envelope and to extend the location of the
access easement. The building has been designed in an attempt to minimize the impact to its site and its
visual impact to the Town of Aspen. The amount of cut and fill grading has been distributed equally
between the southwest and the northeast side of the residence. By allowing the applicant to push the site
grading into the existing envelope we would reduce the amount and height of site retaining walls
required. The new revegetated grade will taper back into the existing grade at a much more gradual slope
than would be possible with the existing building envelope. In all areas of the proposed building
envelope, existing grade would not be altered by more than 30 inches.
2. We are also seeking an amendment to the access easement. The existing easement would require a deep
✓road cut, with extensive site retaining walls, and creates a driveway with a slope of greater than 10
percent. This steep driveway would create a hazard to both the owners entering onto North Spruce St. as
well as other vehicles traveling along the street. Sight lines would be greatly reduced by the cut required
(( to access the street, and the possibility of vehicles sliding off of the road and down the driveway in
winter months is also a concern. We propose extending the access easement to below the curve
(southwest from its current location). The driveway would connect to the road at the curve and on the
existing grade. This would afford sight lines both up and down the road and eliminate the need for
extensive site retaining walls.
The amendment complies with all conditions provided for in Section 3-200-080: The development remains
residential and remains consistent with the action taken in the 1041 hazard review. The proposed amendment
does not change the basic character of the approved use of land nor its basic visual appearance. It does not
increase off -site impacts in the surrounding neighborhood, endanger the public health, safety or welfare. It
does not violate any land use code standard. The change does not increase the need for on -site parking or
utilities and doesn't affect affordable housing. Floor area is not increased and open space is not decreased by
the proposed amendment.
We have tried to design a residence that is both sensitive to the existing topography and provides for the
landscape to return to its existing state. By granting this amendment, the project as a whole will conform
better to the intent of the 1041 hazard review.
Thank you for your time.
Sincerely,
Joseph Ray Barlow III
Lipkin Warner Design & Planning, L.L.C.
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'FEB-03-1999 09.23 FROM ASPEN/PITKIN COM DEV TO 9-9278487 P.04
Hill 1*11111111111111 lilll 111111 III 1111111111 1
415122 0_ 1/1998 02o11P DETERMIN DAVIS SI
1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY C
DETERiM NATION OF THE HEARING OFFICER OF TAF CONI RVIi UNITY bEVF,LOPI1ENT
DEPARTMENT OF PITKINCOUNTY, COLORADO, REGARDING THE PORATH 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMLSSION
RFCTTALS 1
Arnold Porath (hereaftei "Applicant") has applied to the Pitkin County Hearing Officer (hereafter
"Hearing Officer") for a 1041 Hazard Review approval to establish a building envelope to construct a
new single-family residence_
The property is located on North Spruce Street, east of the Williams Wood housing development, and
is more specifically described in the attached Exhibit A.
The majority of the property is zoned AFR-10. A small portion of the property baow the 8040'
contour line is zoned R-N_ The site contains approximately 1.5 acres.
4. The Hearing Officer heard this application at a public hearing on March 26, 1991 at which time
evidence and testimony were presented with respect to this application.
. i
I
NOW THEREFORE ,;BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted to the Porath 104.1 Hazard Review and Conceptual Submission, subject to the following
conditions:
1. The Applicant shall submit an amended site plan to the Community Development Department for
recording, prior to submission of any building permit applications. The site plan shall also be
submitted in digital format for integration into the County's GIS system. The site plan shall be
modified as follows:
A. A signature block for the Pitkin County Hearing Officer and Acceptance foIr Recording shall be
included.
B. The following 10411 hazard waiver shall be included on the site plan with owner signature:
"Applicant acknowledgesthat he/she has been informed by Pitkin County of the existence of
1041 environmental hazard areas that might affect the property, any improvements, and the use
and occupancy thereof,"
C. A vicinity map shall be included on the face of the site plan.
2. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot
perimeter around thin structure. 1
15. Vegetation 5ha11 be'reduced to break up the vertical and horizontal continuity of the fuels a
minimum off, 30 foot perimeter around a structure built on flat around.
I
I
I
'FEB-03-1999 09:23 FROM RSPEN/PITKIN COM DEV TO 9-92?e4e? P.05
I I11111!l111111111 ii11111 11111lI11111111lNI llll!II
Determination No, 98- 415122 03/31/1998 02:1 DETERMIN DAVIs SILVI
Page 2 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
times the height of the fuel. All measurements shall be from the edges of fhe crowns of the fuel,
D. All branches from frees and brush within the 30 foot perimeter shall be pruned to a height of 10
feet above the ground and removal of ladder fuels from around trees and blush-
E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crowns. This does not apply to mature stands. of Aspen trees 'where the above
recommendation for removal of ladder fuels have been compiled with. In areas of aspen
regeneration, the spacing guidelines shall be followed.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
G. The density of fuel ,within a 100 foot perimeter of the structures shall be reiiuced where natural
reduction has not already occurred.
H, All deadfall within 6.e 100 foot perimeter shall be removed.
I. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
3. The Applicant shall comply with the following additional wildfire mitigation standards:
i
A_ Roof construction shall be Class A, non-combustible material with no flat �oofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept iclear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum 415 feet away from
any structure. 1
F. Weeds and :grasses within the 10 foot perimeter shall be maintained to a h4ght not more than 6
inches.
I
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the
structure-
H. Fences.shall be kepi clear of brush and debris.
I. Wood fences shall mot connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from
the structure with defensible space vegetation mitigation around any aboveground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -
resistive construction on the exterior side of the walls.
L_ Each structure shall' have a minimum of one 10 pound ABC fire extinguisher.
M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
N. All utility extension shall be buried.
4. No development, including grading, landscaping, vegetation removal or disturbance, shall occur
outside of the approved lbuilding envelope, except for utility and driveway extension and
maintenance, and as may be necessary to implement the wildfire mitigation measures required
elsewhere in this document.
i
5. Should the Applicant decide to install a fireplace/woodstove, a fireplace application must be filed with
the Environmental Health Department prior to the issuance of a building permit.
„FEB-03-1999 09:24 FROM ASPEN/PITKIN COM DEV TO 9-9278487 P.06
i ������ 11111111111111111IIIIII l JU11 I 111111111111111
' Determination No. 98- 415122 03/31/1998 02:11P RMIN; DAVIS SILVI
Page 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
6. The applicant shall connect to the Aspen Consolidated Sanitation District unless a letter is provided
to the Environmental Health Department prior to the issuance of a building pefrnit indicating that
sewer service to the property is not feasible.
7. Prior to the issuance of'a building permit, the Applicant shall provide the Envii onmental Health
Department confirmation of adequate quality and quantity for water service on the property. In the
likely event that adequate water service on the property is not available, the applicant shall pursue
connection to the private water line proposed along North Spruce Street whichwill be installed
Spring of 1998.
I
8. Access permit shall be reviewed and approved by the County Engineer prior to toe issuance of a
building permit.
i
i
19. For any free market residential structure of 5,000 gross square feet or greater, �te applicant is
required to provide the Following traffic studies:
i
A. Prior to application' for building permit the applicant shall provide for review and approval of
the County Engineer a construction trip generation study. j
B. Prior to issuance of a Certificate of Occupancy, the applicant shall provide'a trip generation
study for the residence, which shall be developed by a traffic engineering consultant hired by
the applicant and pre -approved by the County Engineer.” I
i
i 10. All material representations made by the applicants in the application or in pub is meeting shall be
adhered to and considet�d conditions of approval, unless amended by other conditions.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 441711 DAY OF
FEBRUA RY,1998.
APPROVED AND ADOPTED ON THE 26TH DAY OF MARCH,1998.
' I
ILMARiNG OFFICER
ATTEST:
c
Sharon Hirman
Administrative Assistant
APPROVED AS TO FORN-1-
OF PITKIN COUNTY, COLORRADO
Lanc€ Clarke
Hearing Officer
Date: 2-
APPROVED AS TO CONTENT:
John El Cindy Houben,
Coun Attorney Community Development Dir&tor
i
Case #P151-97
PID 42471-114-00-004 f
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02/24/99 WED 15:30 F.A% 9709203816 LIPRIN WARNER
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UPKIN WARNER QESIUN & PLANN[NG, LLQ 59
R 970 927-8497
Fax Transmittal
Date: Febraary 24, 199
To: Chris Bendon
Aspen/Pitkin Community Development
From: J.Ray Barlow
Re: Windows above 9'-0"
Pages: 3 pages total
Cc:
Chris,
Please let me know if any other information is required for your review.
Thanks
J.R.ay Barlow IR
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MEMORANDUM 1CV
TO: Mayor and City Council
THRU: Amy Margerum, City Manager L
John Worcester, City Attorney
Julie Ann Woods, Community `Develo ent Director
Mitch Haas, Interim Deputy Director
r- -
FROM: Christopher Bendon, Planner &
(/� f I
RE: Porath Water Service Agreement Amendment 2nd Reading — Public Hearing
Ordinance No. 4, Series of 1999
DATE: March 22, 1999
SUMMARY:
Ordinance No. 27, Series of 1998, provided municipal water service to property owners
along North Spruce Street. The language in the Ordinance required.the Porath Family
Trust parcel to annex into the City of Aspen prior to any development. The reasoning
behind this provision was to ensure the development would be in conformance with the
City's R-30 Zone District requirements, the provisions of 8040 Greenline Review, and
the Residential Design Standards.
The Porath Family Trust parcel has been reviewed and received all land use approvals
required in Pitkin County. The Pitkin County review established a building envelope and
set forth specific requirements regarding wildfire and wildlife. In addition, the owners
have agreed to develop the property in conformance with the City's development
standards, including additional provisions recommended by the City Planning
Department regarding revegetation, exterior building materials, and outdoor lighting.
The Pitkin County zoning for the parcel would allow for a house of up to 15,000 square
feet in size — completely overscaled for the size of the property and the delicate
mountainside environment. The suggested provisions of the City's R-30 Zone District
would restrict the maximum FAR to approximately 5,140 square feet.
This property does not represent land of immediate importance for annexation.
Furthermore, the land owner has agreed to develop the property in a preferred manner
and the house size has been reduced to approximately 4,141 square feet. This represents
a development 1,000 square feet below the maximum allowed with the City's R-30
zoning and far below that allowed under County zoning.
City staff believes all the concerns regarding the development of this parcel can be
adequately addressed without requiring the property be annexed into the City. The
discretion to annex the property, if and when the City does want the property within City
limits, is preserved with this revised Ordinance.
Staff recommends City Council adopt Ordinance No. 4, Series of 1999.
MAIN ISSUES:
Ordinance 27, Series of 1998, provided water service to several properties along North
Spruce Street including this Porath property. Normally with water service extensions,
the property owner agrees to not contest annexation if the City decides to include the
property in the City limits. In this instance, the City required the property to be included
in the City prior to any development in order to ensure City development standards
would be followed. The primary reason for this was to lessen the development potential
of the property from the 15,000 square feet of FAR allowed under Pitkin County zoning
and to control specific development practices to preserve the visual resource of the
mountain.
The City has no immediate intentions to annex the parcel and the applicant is willing to
develop the property according to City standards. The applicant is proposing a one story
house significantly smaller than could be achieved even with City zoning. And, the
applicant has agreed to all recommended conditions with regard to the City's 8040 and
Ordinance 30 reviews. City Planning staff is confident that the manner in which
development is proposed is in conformance with City zoning and land use policy.
APPLICANT:
Porath Family Trust. Represented by Brooke Peterson and Lipkin -Warner Architects.
LOCATION:
North Spruce Street (no address). (See attached site map.)
ZONING:
FAR:
Pitkin County Zoning: AFR-10
Proposed City Zoning: R-30
Allowable— 15,000 s.f., pursuant to Pitkin County zoning.
5,142f s.f., pursuant to City R-30 zoning.
Proposed — 4,141 f s.f.
PREVIOUS ACTION:
City Council adopted Ordinance 27, Series of 1998, on July 13, 1998. The Ordinance
amended the North Spruce Street Water Service Agreement by adding the Porath
property. A copy of this Ordinance is attached as Exhibit A.
STAFF COMMENTS:
Requiring the property to be annexed into the City and rezoning the property to the R-30
Zone District would obviously ensure the property was developed according to City
development standards. This process would require annexation, rezoning, an 8040
Greenline Review, and Residential Design Standards review.
The City Planning Department believes the same goal can be acheived without requiring
the property to be within City limits. The applicant has agreed to develop using City
FAR and has incorporated the City's concerns by limiting reflective materials, cut and
2
fill, and outdoor lighting. The process of amending the Water Service Ordinance is a far
simpler process which achieves the same result as annexation.
RECOMMENDATION:
Staff recommends City Council adopt Ordinance No. 4, Series of 1999, which includes
the following conditions:
The Porath Family Trust property shall be developed in conformance with the FAR provisions of
the City of Aspen's R-30 Zone District regulations. The City of Aspen Zoning Officer shall
review the building plans for compliance with allowable floor area aspects of the City's R-30
Zone District, using the same inclusions and exclusions for Lot Area and Floor Area, as defined
in the City of Aspen Land Use Code, applicable to all lands in the City, except as provided for
herein.
2. The architectural development plans submitted to the City Planning Department, dated February
24, 1999, shall not require a variance from the City's Residential Design Standards. The window
FAR penalty shall not be assessed. Amendments to the architectural plans are subject to all
aspects of the City of Aspen Residential Design Standards, as amended.
3. Highly reflective materials shall not be used on the exterior of the structure, including the roof.
4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after
construction with native species. Any areas too steep for adequate revegetation shall incorporate
retaining walls which are of similar color to the natural soils and vegetation to visually blend into
the mountainside.
The existing vegetation outside the designated building envelope shall be preserved and
maintained in its natural state to the extent practical. Disturbance associated with, and incidental
to, pedestrian and vehicular access to the property is approved.
6. Any and all exterior lighting shall employ down -directional, sharp cut-off fixtures, and in no case
shall outdoor flood lights be used.
7. The Porath Family Trust is encouraged to either apply for and construct a Caretaker Dwelling
Unit (CDU) on the property at this time or leave enough available floor area for the future
construction of a CDU.
8. All aspects of the Pitkin County 1041 Review, as amended, and all aspects of Pitkin County's
development regulations not specifically addressed in this Ordinance shall remain in effect and
shall be reviewed for compliance by the Pitkin County Community Development Department.
RECOMMENDED MOTION:
"I move to adopt Ordinance 4, Series of 1999, amending the Porath Water Service
Agreement."
ATTACHMENTS:
Exhibit A -- Ordinance 27, Series of 1998.
Exhibit B -- Vicinity Map
D
Cen~itervial
a
North Spruce Street
Porath Propertvl
Williams Ranch
.1-i t-`l i
m
ORDINANCE NO.4
(SERIES OF 1999)
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF ASPEN,
COLORADO, AMENDING AN EXISTING AGREEMENT WITH THE PORATH
FAMILY TRUST FOR PROVISION OF TREATED WATER SERVICE.
Parcel # 2737-071-00-011
WHEREAS, Ordinance No. 27, Series of 1998, (the Ordinance) provided treated
water service to properties located in Pitkin County along North Spruce Street including a
parcel of land owned by the Porath Family Trust; and,
WHEREAS, the Ordinance conditioned the provision of water upon submission and
approval of the Porath Family Trust development plans pursuant to the City of Aspen 8040
Greenline Review and Residential Design Standards; and,
WHEREAS, the Ordinance further conditioned any development of the Porath
Family Trust parcel upon annexation into the City of Aspen for the purpose of ensuring the
development would be compatible with the development standards of the City's Low -
Density Residential (R-30) Zone District; and,
WHEREAS, the Porath Family Trust has agreed to develop their property in
conformance with the City's R-30 Zone District, as specified in the conditions contained
herein, and has agreed to not contest annexation if and when the City of Aspen initiates the
annexation of their property; and,
WHEREAS, the Community Development Department analyzed the parcel of land
and recommended the conditions of approval, contained herein, to ensure conformance with
City development standards and compliance with the land use code provisions of 8040
Greenline Review and Residential Design Standards; and,
WHEREAS, the City Council finds that the spirit and intent of Ordinance 27, Series of
1998, is furthered by the adoption of this Ordinance and that the extension of treated water to
the Porath Family Trust property is in the best interests of the City; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Ordinance 27, Series of 1998, is hereby amended to allow the Porath Family Trust
parcel to be developed and served with municipal water while located in Pitkin
County with the following conditions:
1. The Porath Family Trust property shall be developed in conformance with the FAR
provisions of the City of Aspen's R-30 Zone District regulations. The City of Aspen Zoning
Officer shall review the building plans for compliance with allowable floor area aspects of
Ordinance No. 4, Series of 1999.
Paoe 1
the City's R-30 Zone District, using the same inclusions and exclusions for Lot Area and
Floor Area, as defined in the City of Aspen Land Use Code, applicable to all lands in the
City, except as provided for herein.
2. The architectural development plans submitted to the City Planning Department, dated
February 24, 1999, shall not require a variance from the City's Residential Design Standards.
The window FAR penalty shall not be assessed. Amendments to the architectural plans are
subject to all aspects of the City of Aspen Residential Design Standards, as amended.
3. Highly reflective materials shall not be used on the exterior of the structure, including the
roof.
4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after
construction with native species. Any areas too steep for adequate revegetation shall
incorporate retaining walls which are of similar color to the natural soils and vegetation to
visually blend into the mountainside.
5. The existing vegetation outside the designated building envelope shall be preserved and
maintained in its natural state to the extent practical. Disturbance associated with, and
incidental to, pedestrian and vehicular access to the property is approved.
6. Any and all exterior lighting shall employ down -directional, sharp cut-off fixtures, and in no
case shall outdoor flood lights be used.
7. The Porath Family Trust is encouraged to either apply for and construct a Caretaker Dwelling
Unit (CDU) on the property at this time or leave enough available floor area for the future
construction of a CDU.
8. All aspects of the Pitkin County 1041 Review, as amended, and all aspects of Pitkin County's
development regulations not specifically addressed in this Ordinance shall remain in effect
and shall be reviewed for compliance by the Pitkin County Community Development
Department.
Section 2:
Except as specifically amended herein, all aspects of Ordinance 27, Series of 1998, shall
remain in effect.
Section 3:
Except as specifically amended herein, all aspects of the North Spruce Street Water
Service Agreement, shall remain in full force and effect. The annexation terms of the
Water Service Agreement remain in full force and effect. The City of Aspen may
initiate annexation of the Porath Family Trust parcel at its own discretion.
Section 4:
This Ordinance shall not effect 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 5:
Ordinance No. 4, Series of 1999.
Page 2
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 6:
That the City Clerk is directed, upon the adoption of this Ordinance, to record among
the real estate records of the Pitkin County Clerk and Recorder a copy of this Ordinance.
Section 7:
A public hearing on the Ordinance was held on the 22nd day of March, 1999, 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 was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 8th day of March, 1999.
Attest:
oe
Kathryn S. ch, City Clerk n Bennett, ayor
FINALLY, adopted, passed and approved this v5Qday of 1999.
Attest:
—mar" .
=W77" h, City Clerk
Approved as to form:
City Attorney
Post -it"' Fax Note 7671
Date
# of
pages
To
From
Co./Dept.
Co.
Phone #
Phone #
Fax #
Fax #
Ordinance No. 4, Series of 1999.
Page 3
02/22/99 MON 13:29 FAX 1 970 945 5948 SCMTESER GORDON MEYER lit 003
02/22/99 MON 10:28 FAX 1 970 945 5948 SCMIETESER GORDON MEYER
1? 001
G
c+a�or .e,osr �—
SCMWESM GORWN MEYLEB, INC.
118 WEST 6711 Srxr>, U, SUITE 200
GLpnlWOQD SPR G� to 81601
Glenwood Springs Office; (9-101946-1004
FAX: 1970) 945-5948
Aspen Office: (970) 925-6727
FAX: 4970) 925-4157
PROJECT: Po rt,+ F I /
PROJECT NO: I DATE -
TO., FAX: —
FROM:
( ] Original mailed.
COMMENTS;
[ ] Original not mailed.
This faesingk tranauission (andlor documents amompanyiag a) may eontain confided ioformadw bebuing to toe
seeder which is protected by the eogiaeerlclkeat privilege. The informadoo is inwaded only for the use of the ka"usl
of ea6ty osned obo e. if you are not the intended recipient, you are hereby not■rre
ed that any dis"u, mPsu9,
di�ibw6oa, or the taking of any WOOR is rdb=e oa tke contests of this information is strictly proldbudal. if you save
rcMved the taansmbsion in error, pletse itnoMeillatdy notify us by telephone to arrouge for reuwa of the ducaments.
Thank you.
Total pages (including this page): Please call if this amount of pages was not received.
02/22/99 MON 13:28 FAX 1 970 945 5948 SCENUESER GORDON MEYER IR002
v t`
MEMORANDUM
TO: Mayor and City Council
THRU: Amy Margerum, City Manager
John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Mitch Haas, Interim Deputy Director
FROM: Christopher Bendon, Planner OAM
RE: Porath Water Service Agreement Amendment
DATE: March 8, 1999
SUMMARY:
Ordinance No. 27, Series of 1998, provided municipal water service to property
owners along North Spruce Street. The language in the Ordinance required the Porath
Family Trust parcel to annex into the City of Aspen prior to any development. The
reasoning behind this provision was to ensure the development would be in
conformance with the City's R-30 Zone District requirements and the provisions of
8040 Greenline Review and the Residential Design Standards.
The Porath Family Trust parcel has been reviewed and approved for all land use
required in Pitkin County. The Pitkin County review established a building envelope
and set forth specific requirements regarding wildfire and wildlife. In addition, the
owners have agreed to develop the property in conformance with the City's
development standards including additional provisions recommended by the City
Planning Department regarding revegetation, building materials, and outdoor lighting.
It is important to point out that the Pitkin County zoning for the parcel would allow
for a house of up to 15,000 square feet in size — completely overscaled for the size of
the property and the delicate mountainside environment.
This property does not represent land of immediate importance for annexation.
Furthermore, the land owner has agreed to develop the property in a preferred manner
and the house size has been reduced to approximately 4,141 square feet. This
represents a development 1,000 square feet below the maximum allowed with the
City's R-30 zoning and far below that allowed under County zoning.
City staff believes all the concerns over the development of this parcel can be
adequately addressed without requiring the property be annexed into the City. The
discretion to annex the property, if and when the City does want the property within
City limits, is preserved with this revised Ordinance.
Staff recommends City Council adopt this Ordinance upon first reading and
schedule the public hearing for March 22, 1999.
MAIN ISSUES:
Ordinance 27, Series of 1998, provided water service to several properties along
North Spruce Street including this Porath property. Normally with water service
extensions, the property owner agrees to not contest annexation if the City decides to
include the property in the City limits. In this instance, the City required the property
to be included in the City prior to any development to ensure City development
standards would be followed. The primary reason for this was to lessen the
development potential of the property from the allowed 15,000 square feet of FAR
allowed under Pitkin County zoning and control specific development practices to
preserve the visual resource of the mountain.
The City has no immediate intentions to annex the parcel and the applicant is willing
to develop the property according to City standards. The applicant is proposing a one
story house significantly smaller than could be achieved even with City zoning. And,
the applicant has agreed to all recommended conditions with regards to the City's
8040 and Ordinance 30 reviews. City Planning staff is confident that the manner in
which development is proposed is in conformance with City zoning and land use
policy.
APPLICANT:
Porath Family Trust. Represented by Brooke Peterson.
LOCATION:
North Spruce Street (no address). (See attached site map.)
ZONING:
I V:""
Pitkin County Zoning: AFR-10
Proposed City Zoning: R-30
Allowable — 15,000 s.£, pursuant to county zoning. Approximately 5,142 s.f. pursuant
to City R-30 zoning.
Proposed — 4,141 s.f.
PREVIOUS ACTION:
City Council adopted Ordinance 27, Series of 1998, on July 13, 1998. The Ordinance
amended the North Spruce Street Water Service Agreement by adding the Porath
property. A copy of this Ordinance is attached.
STAFF COMMENTS:
Requiring the property to be annexed into the City and rezoning the property to the R-
30 Zone District would obviously ensure the property was developed according to
City development standards. This process would require annexation, rezoning, an
8040 Greenline Review, and Residential Design Standards review.
OA
The City Planning Department believes the same development constraints can be
established without requiring the property to be within City limits. The applicant has
agreed to develop using City standards and incorporating the City's concerns by
limiting reflective materials, cut and fill, and outdoor lighting. The process of
amending the Water Service Ordinance is a far simpler process which achieves the
same result as annexation.
RECOMMENDATION:
Staff recommends City Council adopt this ordinance upon first reading with the
following conditions:
1. The Porath Family Trust property shall be developed in conformance with the City of Aspen's R-
30 Zone District regulations. The City of Aspen Zoning Officer shall review the building plans
for compliance with allowable floor area aspects of the City's R-30 Zone District, using the same
inclusions and exclusions for Lot Area and Floor Area, as defined in the City of Aspen Land Use
Code, applicable to all lands in the City, except as provided for herein.
2. The architectural development plans submitted to the City Planning Department, dated February
24, 1999, shall not require a variance from the City's Residential Design Standards.
Amendments to the architectural plans are subject to all aspects of the City of Aspen Residential
Design Standards, as amended.
3. Highly reflective materials shall not be used on the exterior of the structure, including the roof.
4. Any disturbance to the natural terrain and areas of cut and fill shall be revegetated after
construction with native species. Any areas too steep for adequate revegetation shall incorporate
retaining walls which are of similar color to the natural soils and vegetation to visually blend into
the mountainside.
5. The existing vegetation outside the designated building envelope shall be preserved and
maintained in its natural state to the extent practical. Disturbance associated with, and incidental
to, pedestrian and vehicular access to the property is approved.
6. Exterior lighting shall be down -directional, sharp cut-off, and in no case shall outdoor flood
lights be used.
7. The Porath Family Trust is encouraged to either apply for and construct an Accessory Dwelling
Unit (ADU) on the property at this time or leave enough available floor area for the future
construction of an ADU.
8. All aspects of the Pitkin County 1041 Review, as amended, shall remain in effect and shall be
reviewed for compliance by the Pitkin County Community Development Department.
RECOMMENDED MOTION:
"I move to adopt Ordinance f-I Series of 1999, upon first reading."
ATTACHMENTS:
Exhibit A -- Ordinance 27, Series of 1998.
Exhibit B -- Porath Property Site map.
Road Network
City of Aspen
Rivers &Ponds
Parks & Open Space
Parcels
ENS
400 0 400 Feet
City Planning Department
Exhibit S
Porath WSA
Porath Property
Site Map
February 17, 1999
Brooke Peterson
Kaufman & Peterson Attorneys
Joseph Ray Barlow
Lipkin Warner Design & Planning
Re: Porath Water Service Agreement
Dear Brooke and J. Ray.:
ASPEN • PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
Following are Building Permit conditions I am proposing for the Porath Water Service
Extension. These are designed to accommodate the annexation and land use review
condition of Ordinance 27, 1998. Please review these and provide comments. I am
available to meet in Berson to go over these. Otherwise, I can be reached at 920-5072.
Thanks very much,
Chris Bendon, AICP
City of Aspen
r T4 LD1.0
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 - PHONE 970.920.5090 • FAx 970.920.5439
Printed on Recycled Paper
• The property shall be developed in conformance with the City's R-30 Zone District
regulations. The City of Aspen Zoning Officer shall review the building plans for
compliance with all aspects of the City's R-30 Zone District, using the same
inclusions and exclusions for Lot Area and Floor Area, as defined in the City of
Aspen Land Use Code, applicable to all lands in the City, except as provided for
herein.
The City Zoning officer shall calculate all interior spaces associated with exterior
facade penetrations between nine (9) and twelve (12) feet above finished floors and
all non-orthagonal facade penetrations between twelve (12) and fifteen (15) feet
above finished floors twice towards the allowable floor area for the parcel. No other
aspects of the City's Residential Design Standards shall apply for this building
permit.
• Highly reflective materials shall not be used on the exterior of the structure, including
the roof.
• Any disturbance to the natural terrain and areas of cut and fill shall be revegetated
after construction with native species. Any areas too steep for adequate revegetation
shall incorporate retaining walls which are of similar color to the natural soils and
vegetation to visually blend into the mountainside.
• The existing vegetation outside the designated building envelope shall be preserved
and maintained in its natural state to the extent practical. Disturbance associated with,
and incidental to, pedestrian and vehicular access to the property is approved.
• Exterior lighting shall be down -directional, sharp cut-off, and in no case shall flood
lights be used.
• The Porath Family Trust is encouraged to either apply for and construct an Accessory
Dwelling Unit (ADU) on the property at this time or leave enough available floor area
for the future construction of an ADU. (If the City were to initiate annexation prior to
development, the owner would have to pay cash -in -lieu or construct an ADU in order
to gain an exemption from the Grwoth Management Quota System for the new
residence.)
• All aspects of the Pitkin County 1041 Review shall remain in effect and shall be
reviewed for compliance by the Pitkin County Community Development Department.
• All aspects of the North Spruce Street Water Service Agrement, as amended, shall
remain in effect.
Memo
To; Phil -Overeynder, Water- Director
From Stan Clauson, Community Development Director
CC: JohnWorcester, City Attorney
Date: 18 August 1998
Re: Porath Water Service Agreement
Sumer- The Porath- residence- M4,1_ Application- was received by the County on 19
December 1997. It entailed the construction of a single family residence- on a site of 1.447
acres..- The -zoning on the.site-s-fitly A1rR U0 with a small portion of the site below
the 8030 contour zoned as R-30. Typical of a county 1041 application, no plans are required
for the submittal. The 1041. reuieiw assesses predominantly environmental hazards, such as
avalanche or wildfire, and establishes an approved building envelope. The County zoning
would-permit.a residence of-up-to-15,000- .£ Staff-believes-thatthis site, which is adjacent to
the City of Aspen, should be reviewed under applicable City Codes as a condition of
extending -water service.
Staff has met with the applicant- Mr. Arnold-Porath, and his attorney Brooke Peterson_ Staff
believes that the applicant, upon understanding the nature of these reviews and the limitations
which -might be imposed, is-agreeableto-prnceeding.through the City process. Moreover, staff
has discussed annexation with the applicant and a suggested rezoning to the R-30 zone district
following annexation. The -applicant appears._m-agree_ that the R-30 district, which would
provide for a residence of approximately 6,000 s.f., is amenable to his development interests.
Staff believes that it is in the best-interestof the -City to provide water to the site, conditioned
upon City review and annexation prior to development.
Background: Although the City Planning Office is not listed as a referral agency in the
Hearing Officer records, County Planner Tamara Pregl sought and received a referral from
Julie Ann Woods, City Deputy Director. That- referrw_. indicated that any development
approval should be conditioned on the applicant's receiving City review through the 8040
Crreenline process and Ordinance.- 30_ Residential. Design Standards. The memo also
0 Page-1
recornrnended annexation -prior -to -au} -development -on -the site. In her memo to Lance Clark,
County Deputy Director, Tamara Pregl notes that:
• The -City would likely. oppose an_ applicadon-for a-private.well serving the property. The
Citv would question the ability of the applicant to support a water use given the history of
well -failure -in -the -immediate -vicinity of the -site; and.
The City Community Development Department has reviewed this application and has
indicated that since- there -has- been-serne-discussion. with the property owners to the north
of the site regarding annexation to the City, the City Community development
Depaarnent-has-recsrnrnended- annexation -to -the City of Aspen prior to any development
on the site. The City recommends that any development on the site require compliance to
the City's-standards-for- an- 804D. Chine -reviews and Ordinance 30 Residential Design
Standards.
These -comments. -appeared- im the- rnerno-to-Clark but -were not included as conditions of
approval for the County 1041 review. County approval was granted on 26 March 1998. Mr.
Porath, may-well-havaconcluded-firom-thm-thatthese-additional reviews would not be required
as part of a request to extend water service to his property.
Mr. Porath-was- initially- miuctant- to enter into a, further- review process. However, it was
explained that the 8040 Greenline Review and Ord. 30 review could be consolidated in a
single -process before-the_Plannin_ g & Zoning Cci=ission. Moreover, the Planning & Zoning
Commission would be likely to accept the County 1041 review with respect to environmental
hazards and -focus -an- the -visibility- md-appearance of theproposed residence. Annexation
and rezoning would provide for a reduced development potential for the site, from 15,000. s.f
to apptoximatel}_6,000-s.£, su�tg-definitive siteanalysis by -planning staff. Both the size
limitation imposed by the City R-30 zone and the nature of the reviews appeared to, be
generallu in -accord with -the -development- intentions -of Mr. Porath. Staff believes that he is
willing to proceed with the City review process once an architect is selected and the
conceptual- design -of the_residence-issufficieutl3L advanced -
Recommendation: Staff recommends that City review, annexation, and rezoning as
described -above confers -the greatest thoappficant_will develop his property in a
manner consistent with the Aspen Area Community Plan. Staff recommends that the Water
Department provide a water ent-for- a-residenceon the site, with the conditions
that the applicant submit to City 8040 Greenline and Ord 30 reviews, and complete the
annexation and rezoning to R-30 priorto-developirrrent.
0 Page 2
111111111111111111111111 IN 111111111111111111111111111 l "'_u —'
415122 03/31/1998 02:11P DETERMIN DAVIS SILVI
1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITIQN COUNTY, COLORADO, REGARDING THE PORATH 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION
Arnold Porath (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter
"Hearing Officer") for a 1041 Hazard Review approval to establish a building envelope to construct a
new single-family residence.
2. The property is located on North Spruce Street, east of the Williams Wood housing development, and
is more specifically described in the attached Exhibit A.
3. The majority of the property is zoned AFR-10. A small portion of the property below the 8040'
contour line is zoned R-30. The site contains approximately 1.5 acres.
4. The Hearing Officer heard this application at a public hearing on March 26, 1998 at which time
evidence and testimony were presented with respect to this application.
NOW THEREFORE , BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted to the Porath 1041 Hazard Review and Conceptual Submission, subject to the following
conditions:
The Applicant shall submit an amended site plan to the Community Development Department for
recording, prior to submission of any building permit applications. The site plan shall also be
submitted in digital format for integration into the County's GIS system. The site plan shall be
modified as follows:
A. A signature block for the Pitkin County Hearing Officer and Acceptance for Recording shall be
included.
B. The following 1041 hazard waiver shall be included on the site plan with owner signature:
"Applicant acknowledges that he/she has been informed by Pitkin County of the existence of
1041 environmental hazard areas that might affect the property, any improvements, and the use
and occupancy thereof."
C. A vicinity map shall be included on the face of the site plan.
The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around a structure built on flat ground.
Determination No. 98- 413122 03/31/1998 02:11P DETERMIN DAVIS SILVI
Page 2 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel.
D. All branches from trees and brush within the 30 foot perimeter sha11 be pruned to a height of 10
feet above the ground and removal of ladder fuels from around trees and brush.
E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crowns. This does not apply to mature stands. of Aspen trees where the above
recommendation for removal of ladder fuels have been compiled with. In areas of aspen
regeneration, the spacing guidelines shall be followed.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
G. The density of fuel within a 100 foot perimeter of the structures shall be reduced where natural
reduction has not already occurred.
H. All deadfall within the 100 foot perimeter shall be removed.
I. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roof construction shall be Class A, non-combustible material with no flat roofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from
any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6
inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the
structure.
H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from
the structure with defensible space vegetation mitigation around any above -ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -
resistive construction on the exterior side of the walls.
L. Each structure shall have a minimum of one 10 pound ABC fire extinguisher.
M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
N. All utility extension shall be buried.
No development, including grading, landscaping, vegetation removal or disturbance, shall occur
outside of the approved building envelope, except for utility and driveway extension and
maintenance, and as may be necessary to implement the wildfire mitigation measures required
elsewhere in this document.
Should the Applicant decide to install a fireplace/woodstove, a fireplace application must be filed with
the Environmental Health Department prior to the issuance of a building permit.
Determination No. 98- 111111111111111111111111111111111111111 IN 11111111111111111111111111111
415122 03/31/1998
Page3 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
6. The applicant shall connect to the Aspen Consolidated Sanitation District unless a letter is provided
to the Environmental Health Department prior to the issuance of a building permit indicating that
sewer service to the property is not feasible.
Prior to the issuance of a building permit, the Applicant shall provide the Environmental Health
Department confirmation of adequate quality and quantity for water service on the property. In the
likely event that adequate water service on the property is not available, the applicant shall pursue
connection to the private water line proposed along North Spruce Street which will be installed
Spring of 1998.
Access permit shall be reviewed and approved by the County Engineer prior to the issuance of a
building permit.
9. For any free market residential structure of 5,000 gross square feet or greater, the applicant is
required to provide the following traffic studies:
A. Prior to application for building permit the applicant shall provide for review and approval of
the County Engineer a construction trip generation study.
B. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a trip generation
study for the residence, which shall be developed by a traffic engineering consultant hired by
the applicant and pre -approved by the County Engineer."
10. All material representations made by the applicants in the application or in public meeting shall be
adhered to and considered conditions of approval, unless amended by other conditions.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 14TH DAY OF
FEBRUARY,1998.
APPROVED AND ADOPTED ON THE 26TH DAY OF MARCH,1998.
ATTEST:
r
Sharon Hirman
Administrative Assistant
APPROVED AS TO FORM:
John E1
County ey
Case #P151-97
PID #2471-114-00-004
HEARING OFFICER
OF PITKIN COUNTY, COLORADO
_;� �,A, mal"
Lanc C arke
Hearing Officer
Date: 4 g
APPROVED AS TO CONTENT:
J . a 9-�8
Cindy Houben,
Community Development Director
EXHIBIT A
A tract of land in the Northeast 1/4 of Secti.cn 7, Township 10 South,
game 84 west of the Sixth PrirrJ PP-1 Meridian, situated entirely
within and being part of the Ccs"a Lee and Ella Sherwd Lades, Unite
States Mine� Survey No. 5304, Amer3ed, described as follows:
Begirwling at the ink of line 2-3 of the said C.c¢a Ilse Lode
arld the North line ne of the t3 ``t 1/4 of the Southeast 1/4 of said
Secti cn 7:
t North 88057' West 418.94 feet;
therc:e North 45 ° 51' East 113.15 feet;
thence North 44°09' West 105.00 feet;
thence North 45.51' East 182.00 feet;
therx:x, South 44.09' East 402.20 feet;
to the Point of BergirrdJV-
A ran- e&Clusive eas t for and util ty =)st l ti.cn
across the following des=ibed 17�
A strip of land 20 feet in width tha x9h the 7-11a Sh�.x Lode gym.
United States Minim survey No- 5304, Amid, running adjacent to
and exterxUng 20 feet Nartherly of the 1/4 line of Section 7, ToFa�p
10 South, Range 84 west of the. Sixth Principal teridian, m=,e
particularly described as follows
with the
Begirmi-ng at the int ez�c cxl of tine 1/4 Line of Section 7 a 954
�-t sicie_lir�e of said p p��aoo
Std Lcde, as by
brass cam;
tbence South 88°57' Fast 422.05 feet to the with the
Southey t sideline of said Ella Sherwood Icde;
c i
thence North 45 ° 511 East 28.19 feet along said Souter-s.-de 'ire;
ht
�� , North 88 ° 57' West 422.05 feet to the intersection with the
-t ai.delire of the said Ella Shezwood T
therx'-, South 45051' west 28.19 feet along said Northwest sideline to
the point of Beginning -
l IIIIII Hill 11111111111111 IN 111111111111111111111111111
415122 03/31/1998 02:11P DETERMIN DAVIS SILVI
4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
ORDINANCE NO. 27
Series of 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
CORRECTING A LEGAL DESCRIPTION AND AMENDING AN EXISTING AGREEMENT
WITH DR. RICHARD C. PHILLIPS, RAYMOND N. AUGER, AND ALBERT G. TIMROTH
AND DONNA M. TIMROTH FOR PROVISION OF TREATED WATER SERVICE TO SERVE
AN ADDITIONAL PROPERTY LOCATED ON NORTH SPRUCE STREET.
WHEREAS, the City Council has approved Ordinance No. 41, Series of 1997, which
provides for extension of water service to a private water system to serve the properties on North
Spruce Street owned by Dr. Richard C. Phillips, Raymond N. Auger, Albert G. Timroth and Donna
M. Timroth ("Owners") and for the potential addition of other lots which the main was designed to
serve; and
WHEREAS, one of the Owners, Raymond N. Auger, has advised the City that the legal
description of his real property in the original water service agreement should be revised to include
a more recent description thereof; and
WHEREAS, Owners have requested that their existing water service agreement be amended
to include one additional lot to be connected to the private water system; and
WHEREAS, the Porath Family Trust has joined with Owners in an application to amend the
agreement to include its lot, which can be served by the North Spruce Street private water system;
and
WHEREAS, all of the properties to be served by the private water system are presently
located in Pitkin County, and not within the City limits of the City of Aspen; and
WHEREAS, the Porath Family Trust has accepted provision of water service as conditioned
upon submission and approval under the City's 8040 greenline and Ordinance No. 30 reviews, and
will complete annexation and rezoning to R-30 prior to development; and
WHEREAS, Section 25.12.020 of the Aspen Municipal Code provides that any extension
of City water service outside the corporate limits of the City of Aspen shall be made pursuant to an
agreement with the City and in accordance with the City of Aspen water main extension policy and,
further, that the City may grant water service only upon a determination that no conflict exists
between the best interests of the City and the prospective water use, and that the City may impose
such contract, water rights dedication and bond requirements as it deems necessary to safeguard the
best interests of the City; and
WHEREAS, the City Council has adopted by Resolution No. 5, Series of 1993, as amended,
policies to guide municipal water system development and services beyond the City limits; and
WHEREAS, said policies require the City Council to make a determination that the proposed
water service extension complies with said policies and is in the best interests of the City of Aspen;
and
WHEREAS, the City Council has had an opportunity to review with City staff the proposed
Correction to Property Description concerning the Raymond N. Auger parcel and the amendment
to the existing North Spruce Street Water Service Agreement to add the Porath property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT
Section 1. The City Council of the City of Aspen hereby determines that the Correction
to Property Description to the North Spruce Street Water Service Agreement be approved in the
form attached hereto as Exhibit A and incorporated herein by reference.
Section 2. The City Council's agreement to provide water service to the Porath property
is conditioned upon submission and approval under the City's 8040 greenline and Ordinanc No. 30
on completion
j S,�Zrc.,,,a, ab, 68 ,03o i c:�l.�atta Z6 •�8, ����
reviews and further conditioned u of annexation and rezoning two R3A prior to
development.
Section 3. The City Council further determines that the proposed provision of additional
City water to the North Spruce Street private water system to serve Porath's property located on
North Spruce Street outside the City limits of the City of Aspen is in the best interests of the City
and substantially complies with the City of Aspen water policy for extraterritorial services, as set
forth in Resolution No. 5, Series of 1993, as amended, and therefore agrees to extend City water
service to Porath's residential lot to be connected to the private water system located on North
Spruce Street in Pitkin County, on the terms and conditions set forth in the Amendment to City of
Aspen Water Service Agreement and Pretapping Agreement attached hereto as Exhibit B and
incorporated herein by reference.
Section 4. This ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of ordinances
repealed or amended as herein provided, and the same shall be construed and concluded under such
prior ordinances.
Section 5. 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 6. A public hearing on the ordinance shall be held on the c�_ day
o , 194, in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the 1-- day of , 1995
i�
John ennett, Mayor
Attest:
LAW OFFICES OF
BROOKE A. PETERSON KAUFMAN & PETERSON, P.C.
GIDEON I. KAUFMAN* 315 EAST HYMAN AVENUE, SUITE 305
HAL S. DISHLER " ASPEN, COLORADO 81611
OF COUNSEL:
ERIN L. FERNANDEZ—
ALSO ADMITTED IN MARYLAND
'• ALSO ADMITTED IN TEXAS
••' ALSO ADMITTED IN FLORIDA
City of Aspen Water Department
130 South Galena Street
Aspen, Colorado 81611
VIA HAND DELIVERY
July 2, 1998
Attn: Phil Overeynder and Cynthia Covell, Esq.
Re: Amendment to City of Aspen Water Service Agreement
and Pretapping Agreement
Dear Phil and Cindy:
TELEPHONE
(970) 925-8166
FACSIMILE
(970)925-1090
On behalf of my client, the Porath Family Trust Dated 03/15/94, I am enclosing herewith the duly
executed Amendment to City of Aspen Water Service Agreement and Pretapping Agreement. The delivery of
this document, however, is conditioned upon the fact that the execution of this document by the Porath Family
Trust Dated 03/15/94 shall not in any way diminish our ability to contest any conditions imposed by the City
of Aspen Planning Office or the Aspen City Council in connection with the approval of this Agreement. Of
special concern is any request by the City of Aspen that the property owned by the Porath Family Trust Dated
03/15/94 participate in any further land use reviews, including but not limited to, 8040 greenline review, other
than those reviews of the building plans which will be submitted for a building permit, since we have already
received 1041 approval from Pitkin County for a home on the property.
With this understanding in place, my client is more than willing to submit to and agree to the conditions
of the enclosed Amendment.
Should you have any questions, please do not hesitate to contact me.
Yours very truly,
BAP/Ijk
Enclosure
cc: Arnold Porath
letterslcity of aspen water dept.
AMENDMENT TO CITY OF ASPEN WATER SERVICE AGREEMENT
AND PRETAPPING AGREEMENT
This Amendment is made , 1998, to that certain Water Service Agreement
entered into December 15, 1997, in Aspen, Colorado, between the City of Aspen, a Colorado
municipal corporation and home rule city whose address is 130 South Galena Street, Aspen,
Colorado 81611 (hereafter the "City"), and Dr. Richard C. Phillips, Raymond N. Auger, Albert G.
Timroth and Donna M. Timroth, individuals who are herein collectively referred to as "Owners."
This Amendment also amends that certain Pretapping Agreement among and between the same
parties dated May 26, 1998.
In consideration of the mutual promises and covenants set forth below, the parties and the
Porath Family Trust Dated 03/15/94 ("Porath") agree as follows:
1. The above -described Water Service Agreement was recorded with the Pitkin County
Recorder on May 27, 1998 at Reception No. 417351, and is herein referred to as the North
Spruce Water Service Agreement. The above -described Pretapping Agreement is herein
referred to as the "Pretapping Agreement."
2. The North Spruce Water Service Agreement sets forth the terms and conditions under
which the City agreed with Owners to provide municipal water service to a private water
system to be constructed, owned, operated, maintained, repaired and replaced by Owners and
their successors. The Pretapping Agreement allows certain connections of individual service
lines to the water main in advance of connection of the service lines to structures.
3. Paragraph 11 of the North Spruce Water Service Agreement provides that other
interested parties may connect to the private water system upon amendment of the North
Spruce Water Service Agreement and payment by such parties of any recoupment charges
imposed by Owners in addition to tap fees and other payments to be made to the City
pursuant to the North Spruce Water Service Agreement.
4. Porath is owner of the property described on Exhibit A, and referred to herein as the
"Porath Lot."
5. Porath has requested permission from Owners and the City to connect the Porath Lot
to the private water system, in order to provide water service to a single family residence to
be constructed on the Porath Lot. Porath has agreed to pay all recoupment fees required by
Owners, and has paid to the City the well system development fee and payment in lieu of
water rights required by the City. Porath will pay to the City when due all utility hookup
charges and water system connection charges (tap fees) required by the City connection with
the Pretapping Agreement.
6. Porath, by executing this Amendment, agrees, on behalf of itself, its successors and
tn
assigns, to be bound as an Owner to all of the terms and conditions of the North Spruce
FINAL VERSION 062698 9:00 a.m.
Water Service Agreement and the Pretapping Agreement, and Porath specifically represents
that it is familiar with, and agrees to be bound by, those provisions regarding annexation of
the Porath Lot.
7. Owners and City hereby agree that Porath may become a party to both the North
Spruce Water Service Agreement and the Pretapping Agreement as an Owner, subject to all
of the terms, conditions, benefits and burdens of both agreements.
8. Owners and Porath hereby confirm that the North Spruce Street Association, which
has organized, managed and advanced funds for the planning, permitting and construction
of the private water system infrastructure, has the exclusive right to grant others the right to
tie in to the private water system and to charge others a recoupment charge in addition to tap
fees and other payments to be made to the City. The North Spruce Street Association hereby
grants Porath the right to tie in upon payment of his agreed upon recoupment charge.
9. The parties and Porath agree that, by the addition of Porath as a party to be served
pursuant to the North Spruce Water Service Agreement, the City shall provide treated water
service to the private water system in an amount not to exceed 13.8 ECUs, or a maximum
of 5.03 acre-feet per year, and that references in paragraph 1 of the North Spruce Water
Service Agreement and the Pretapping Agreement to the amount of water to be provided by
the City thereunder are deemed amended accordingly.
10. Porath's address for purposes of paragraph 29 of the North Spruce Water Service
Agreement and paragraph 10 of the Pretapping Agreement is c/o Arnold Porath, 11-00
Wilshire Blvd. #1460, Los Angeles, CA 90025. Said address may be changed for purpose
of either agreement as therein provided.
11. This Amendment shall be recorded at Owners' expense.
12. Except as otherwise herein specifically amended, the North Spruce Water Service
Agreement and the Pretapping Agreement remain in full force and effect.
Dated:
CITY OF ASPEN
By: J
Jo Bennett, Mayor
FINAL VERSION 062698 9:00 a.m. -2
ATTEST:
City Clerk
Dr. Richard C. Phillips
Al ert G. Timroth
Porath Family Trust Dated 03/15/94
By: its, ILA. —^ T14
Trustee
C.\W P61 \LEGALS\AUGER.AMD
FINAL VERSION 062698 9:00 a.m. _3
Raymond N. Auger
Donna M. Timroth
1; JUN 26 '98 01:42PM FREILICH, MYLER, LE1INLH 6 IHKLl
IE
Dr Richard C. Phillips Raymond N. Auger
Albert G. Timroth Donna M. Timroth
Pvrath Family Trust Dated 03/15/94
By:
`'. Trustee
C:�wP6 i\LEGALSW UGER.AMD
FINAL VERSION 062693 9:00 a.m.
-3-
jljN.26.1996 3:33FM LRW OFFICES
NO.909 P.2
NOTARIZATIONS
City of L; Cas �C-
and County of �cA e-
State of Colorado
Subscribed and sworn to before me by
)vi1L• .199q .
P [ bo-+ (T I nn-4% on this day of
Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires:
City of ��O&-,(-i }
and County or fa°',l,
) SS
State of Colorado }
Subscribed and sworn to before me by
� 76 y1t, , 199 d .
Kristin Timroth
Notary Public
154 Ridge Road • P.O. Box 1171
Basalt, CO 81621
My Commission expires 07127p2000
�1 i � 1 rn co-h,-on this day of
Witnes6 my hand and official seal.
(SEAL) �b
�--
Notary Public
My commission expires:
Kristin Timroth
Notary Public
City of � } 154 Ridge Road • P.O. Box 1171
and County of P `fin } 88W, CO 81621
} SS My Commission ex^;ras 0712712000
State of Colorado }
JUN. 26.1998 3:33PM LAW OFFICES
NO.909 P.3
Subscribed and sworn to before me by
199�.
Is �1410 It �,Jj �,-
Witness my hand and official seal.
c
100 } Notary lic
PU Or-
� My commission expires: L v
@3Y CC,,4;. ,SSM WM 4454
City of }
and County f }
} SS
State of Colorado }
Subscribed and sworn to before me by
199 8 .
P(J& witness my hand and official seal.
USA I
K.ONosla
s4 �
�OFCO��4
EAL} —
Notary Public
4 �- �� H-e-
on this day of
My commission. expires: 5LZ- C 2-
oi�-mot ° 3/s/9T
Il llllll 1111111111111111111111111111111
111111111111 III 998 02:11P DETERIIIN DAMS SILVI
415122 03/31/
1 of a R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
DETERNIINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, REGARDING THE PORATH 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION
E CMA S
1 Arnold Porath (hereafter "Applicant") has applied to the 1'itkin County Hearing Officer (hereafter
"Hearing Officer") for a 1041 Hazard Review approval to establish a building envelope to construct a
new single-family residence.
2. The property is located on Norih Spruce Street, east of the Williams Woad housing development, and
is more specifically described in the attached Exhibit A.
3. The majority of the property
is zoned AFR-10. A small portion of the property below the 8040'
contour line is zoned R-30. The site contains approximately 1.5 acres.
g Officer heard this application at a public hearing on March 26, 1998 at which time
4, The Hearin
ere presented with respect to this application_
evidence and testimony w
NOW THEREFORE , BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted to the Porath 1041 Hazard Review and Conceptual Submission, subject to the following
conditions:
1, The Applicant shall submit an amended site plan to the D Community evelopment site Dephalla t n for
be
recording, prior to submission of any building perm pp
submitted in digital format for integration into the County's GIS system. The site plan shall be
modified as follows:
A. A signature block for the Pitkin County Hearing Officer and Acceptance for Recording shall be
included.
B. The following 1041 hazard waiveshe has been shall be
dormed by Pitkin ed on the site aCounty f the existence of
"Applicant acknowledges that he improvements, and the use
1041 environmental hazard areas that might affect tl�e property, any
and occupancy thereof."
C. A vicinity map shall be included on the face of the site plan.
2.
Tile Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
tat vegetation shall be removed within a minimum 10 foot
A. Brush, debris, and non-ornamen
perimeter around the structure.
B. Vegetation sliall be reduced to break up the ve r cturelbu It and onrflat groundizontal tinuity of the fuels a
minimum of a 30 foot perimeter around a st
111111111111111111111111 IN 111111111111111111111111111
Determination No. 98- 415122 03/31/1998 02:11P DETERMIN DAVIS SILVI
2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
Page 2
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
es the height of the fuel. All measurements shall be from the edges of the crowns of the fuel.
times ithin the 30 foot perimeter shall be pruned to a height of 10
D. Alltim branches from trees and brush w
feet above the ground and removal of ladder fuels from around trees and brush.
E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the
edges of the crowns. This does not apply to mature stands•ofAspen trees where the above
recommendation for removal of ladder fuels have been compiled with. In areas of aspen
regeneration, the spacing guidelines shall be followed.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
G. The density of fuel within a 100 fool perimeter of the structures shall be reduced where natural
reduction has not already occurred.
H. All deadfall within the 100 foot perimeter shall be removed.
I. The Applicant shall be responsible. for the continued maintenance of the defensible space
vegetation requirements.
3. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roof construction shall be Class A, non-combustible e minchaterial with no esh mesh %4t roofs.
maximum.
B. Vents shall be screened with corrosive resistant
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from
any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than
inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the
structure.
H. Fences shall be kept clear of brush and debris.
1. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from.
the structure with defensible space vegetation mitigation around any above -ground tank. Any
wood enclosure around the tank shall be constructed with materials approved for 2 hour fire -
resistive construction on the exterior side of the walls.
L. Each structure shall have arna marked w(thinimum f 2 rancho on non-und combustible fire
letters and shall be visible and
M. Addresses shall be clearly
installed on a non-combustible post.
N. All utility extension shall be buried.
al or disturbance, shall occur
4. No development, including grading, Iandscaping, vegetation remov
outside of the approved building envelope, oexcept thelwijdfireand driveway extension mit mitigation measures required
maintenance, and as may be necessaryimplement
elsewhere in this document.
5, Should the Applicant decide to install a fireplace/woodstove, a fireplace application must be filed with
the Environmental Health Department prior to the issuance of a building pe
Determination No. 98-
Page 3
Q
7.
0
I ` 11111111111111111111111IN
115111111118 02.11PDETERMIN DAVIS SILV
41"5122 R 0.0 1958 0
3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
ess
The applic
ant shall connect to the Aspen Consolidated Sanitation District iunlletter is provided
vided
hat
to the Environmental Health Department prior to the issuance o a g permit
sewer service to the property is not feasible.
permit, the Applicant shall provide the Environmental Health
Prior to the issuance of a building p uantit for water service on the property. In the
Department confirmation of adequate quality and q Y
likelyevent that adequate water service on the propertyNorth Spruce Stbeettwhich will be installed
proposed along N p
connection to the private water line prop g
Spring of ccess 1998.
ermit shall be reviewed and approved by the County Engineer prior to the issuance of a
A P
building permit-
For any free market residential structure of 5,0
00 gross square feet or greater, the applicant is
required to provide the following traffic studies: p royal of
Prior to application for building permit the applicant l1l provide for review and approval
A genera lie
study.
the County Engineer a construction trip gpp providep generation
B. Prior to issuance of a Certificate of occupancy, t be devel'opedlby a traffic engineeng consultant hired by
study for the residence, which shall
lit and pre -approved by the County Engineer."
the appcan
applicants
in the application or in public meeting shall be
10. ll material pcons dered condiresentations ldonsthe
of approval, unless amended by other conditions.
adhered to and
NOTICE
CE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 14TFI DAY OF
FEBRUARY, 1998-
�,pPROVED AND ADOPTED ON TEIE 26TH DAY OF MARCH,1998.
HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
Lanc C arke
Sharon Herman Hearing Officer
Administrative Assistant
Date:
APPROVED AS TO FORM:
John El
County Attorney
Case HP151-97
PID 42471-114-00-004
APPROVED AS TO CONTLNT:
Cindy Houben,
Community Development Director
CORRECTION OF PROPERTY DESCRIPTION
(This is a correction given to correct an erroneous legal description of the property
described as "Raymond and Camilla Auger Property" in Addendum I to that certain Water
Service Agreement dated December 15, 1998, and recorded with Pitkin County Recorder at
Reception Number 417351, page 27 of 46, on May 27, 1998.)
The undersigned acknowledge that the legal description of the property identified in the
above -named Water Service Agreement as the "Raymond and Camilla Auger Property" does not
describe the property intended to be subject to said Water Service Agreement, and that said property
description is hereby replaced in its entirety with the legal description attached hereto as Exhibit 1 and
incorporated herein by reference. References to the "Subject Property" in the above -referenced
Water Service Agreement and any amendments, addenda and exhibits thereto are deemed to include
the property described on Exhibit 1 hereto.
Dated: August 10, 1998
CITY OF ASPEN
l�
Mayo
Attest:
City Clerk
State of )
ss.
County of ?=-Tl,:�Z,J )
RAYMOND N. AUGER.
r �
Subscribed and sworn to before me by Raymond N. Auger, on this 1 X day of
199 S
Witness my hand and official seal. / / /03 /,?WO
(SEAL)
Notary Public
My commission expires: t 8 c�2000�
C:\NET'\EUDORA\IN ATTACMCORREC-2. WPD
DESCRIPTION OF AUGER PROPERTY
The Parcel is located in that portion of the Mining Claims Cora Lee, M.S. 5304
Amended and Ella Sherwood, M.S. 5304 Amended in the SW 1/4 of the NE 1/4
of Section 7, Township 10 South, Range 84 West, 6th Principal Meridian, County
of Pitkin, State of Colorado being more particularly described as follows:
Beginning at the southwesterly corner of the Parcel whence the C-E 1/16 corner,
Section 7, Township 10 South, Range 84 West, 6th Principal Meridian, a Bureau
of Land Management monument with a brass cap, 1954 bears S 890 11' 09" E,
175.10 feet;
1. Thence N 44 ° 13' 06" W, 402.05 feet;
2. Thence N 450 44' 08" E, 63.60 feet;
3. Thence N 44' 13' 06" W, 188.44 feet;
4. Thence N 46 ° 17' 18" E, 489.79 feet;
5. Thence S 45' 38' 54" E, 23.83 feet;
6. Thence S 46 ° 17' 19" E, 155.03 feet;
7. Thence S 45' 47' 10" W, 355.00 feet;
8. Thence S 63 ° 33' 15" E, 222.40 feet;
9. Thence N 45' 47' 10" E, 289.2
10. Thence S 46 ° 32' 19" E, 197.49 feet;
11. Thence S 45' 45' 13" W, 575.43 feet to the Point of Beginning.
T
0 FOUND,
L5 237&
SET (1-T)5) /
mac. wnH /
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LOOK 257, PAGE 5�10 "� 1 �� • / 1 p
It.5.69t 54.FT.i
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N89004'43"W 258 16 / N88058'42"W 422 26-
--SET
CENTER 1/4 SECTION 7 954 BRASS CAP '
1978 BRASS CAPJf lD' PK N41L KiJhlh' N88°58'42•'W 419.05
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-------------------- -I MADE A VI�:)0,6,L
INSPECTION OF THE fffUPE.I�TY St--IOWN
HAEON AND FCUND 'NO CHANGES EXCErF
A5 SHOWN AND NOTED HErlfJ .
-----------------
JA✓IE'5 F teESEz,
L.5. lib-4
NOTE
ASPf.N TITLE C.OI'ff3r\TION COMMITMENT
OKJ-DEi�, NO. - 05004 -C3 VUA5 USED IN THE
PREPA-fW10H OFTHIS 5L)KV-Y CEiZTNN
EXC.EPT10N5 ITEMIZED IN THE TITLE
COMMITMENT Af-E MTHEK UNr'LOTTAEXLE OF'--
lnE FC)F'-THEf-' ^S
FOLLOWS --
`i. f�(� 2/8, PACE Co77 =
HOLY CF-055 ELEGTK C Ate.-CY-I�TOI-1, INC,
! A`,EM E NT t5 MI AN Kff P.N D Ut-A M07AC LL ,
13. POOK 257, PAGE 5`I 1
EASEMENT FOK 20 FT KDAD 15 nLA"<ff-
AN O UN PLOTrADLE AN D 15 AL'� DC F-nY- 0
FPCM THIS PAf?CEL lt� DDOK 2f)(P AT PAGE
/412 (nEE EXCEPT lON 15),
14. 24ol PAGE 35 -
1 LLE61 f5L E IXX� Et-.
ICo Da--)K 3.37 PAGE 734 -
CCrU ✓ DA f 15 A LAMELY I LLEGI DLE WELL
PEPMIT IN tw V4 NE 1/4, 5FLTION 7.
17, a --OK 723, P/>GE GG-7 =
f�,E F EFt 70 ACCE! EASE-10 E\JT °A° I N
1�XUMENT f',E.COIK�)ED 1'1 50DK- Co 1-5 AT
PAGE 5'o6 AND AL50'5HOVVH AND
DE5CnC>F-1D IN PLAT r�',00K 23 AT PAVES
16 AND 017. THESE UZ:X-JVEAT"t�), C'oK
Cola ACT PACE ff-v n AND PLAT DCXDK 23 AT
PAGES '116ND 17, WErQF- NOT ffW10ED
TO THE 5U1ZVEY0fZ .
TOFOCV,,AP jY I6Y0THER,S. •
NORTH
0 15 30 60 90 120 150
SCALE I° = 30'
BASIS OF BEARING; U.S.C. B G.S
:DUI"V-YOOI''S �CI`�1 i I��,TE
I , HEREBY CERTIFY THAT ON SEPTEMBER 1yTH,
1585, A 5+Jk4E`I WA.D PERFORMED UNDER All' SUPERV15ION OF A PARCEL
OF LAND BEING PART OF ELLA SHERWOOD AND OORA, LEE M.6. 5301rr
AMENDED, SECTION 7, T 10 5, R114W OF THE 6T14. P.M.,PITKIN
COUNTY, COLORADO.
THE LZCATION AND DIMEIJSIONS OF ALL EASEMENTS, IMPROVE-
MENTS,RIGHTS -OF-WAY IN EVIDENCE OR KNOWN TO ME AND
ENCROACHMENTS BY OR ON THE5E PREMISES ARE ACCURATELY
SHOWN HEREON.
ALPINE 5URVEY5, INC. BY.
sEP-rEM� 16 TH., I�BS.
NOTICE According to Colorado law you must acmmence any I0Qtl action
based upon any deledt in this survey within ua years alto, you first dtadover
such deject In no Brant may any adtlon based upon any dulact in ihra survey
be cram manc ad mprelhao tahyeara Irnm the data °I to. 1a111hfahon an°wn
hereon
Alpine Surveys, Inc.
Post Office Pox 1730
Aspen, ra orsdo 81812
10192188
burveyea 15, Lt., 1t5 PSVI111101 S ICJ' .71J' I / (-A 1//-\ I L
Dr~ '5 -16. 85 1 1- 19 - `i'7 GOP.RI`Ci" NOTE I TT -NI I3.
12.1 �). el1 1041 H1A7AFD fZFV11EV
0
tills IMF'KVVtMtN I JUKVtT
MKATH 1041 r-NVIKONMENTAL
(31" PURVIS