HomeMy WebLinkAboutlanduse case.boa.1125 Ute Ave.006-89
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NOTICE OF PUBLIC HEARING
Case 189-6
JACK BARKER/WES'rERN HERITAGE LOG HOMES. INC.
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as
amended, a public hearing will be held in the Council Room, City
Hall, Aspen, Colorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said
Board of Adjustment requesting authority for variance from the
provisions of the Zoning Ordinance, Chapter 24, Official Code of
Aspen. All persons affected by the proposed variance are invited
to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and
others affected in deciding whether to grant or deny the request
for variance.
Particulars of the hearing and requested variance are as follows:
Date and Time of Meetina:
Date:
Time:
March 23, 1989
4:00 p.m.
OWner for Variance:
A>>>>e11ant for Variance:
Name: Jack Barker
Joseph S. Za1uba
Address: Box 3379, Aspen, CO.81612
Location or descri>>tion of >>ro>>ertv:
Location: 1125 Ute Ave.
Lot 3, Hoag Subdivision
Variance Reauested: Property is located in the "C" Conservation
Zoning area. Front yard setback required is 100ft. Chapter 24
Sec 5-217 (0)( 4) . Appli cant is ask ing that setback be set at
25ft. A 75ft variance.
Will a>>>>licant be re>>resented bv counsel:
Yes: X
No:
The City of Aspen Board of Adjustment
130 South Galena Street, Aspen, Co1orado81611
Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk
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CITY OF ASPElI
BOARD OF ADJUSTHEN'l
Date:
Februarv 5, 1989
Case No.:
Appellant: Joseph S 7,,11lh~ Address: 525 South Original Street
Western HpriT~g;P TOE Horres, Ine.Phone: !L<;pen rnlorH(]O 81611
Owner:
Jack Barker / Western Heritage
IDe: HOlIEs, Ine
Address: Box 3379
Aspen, rnlor~(]o 81612
Location of Property: li25 Ute Avenl]e, Tot 3 - HOAr; STJRDTVTSTON
Aspen rnlor~rlo
(street and Number of Subdivision Block and Lot Number)
Building Permit
must accompany
NO. :
Application and prints or any other pertinent data
this application, and will be made part of CASE
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL
FACTS IN QUESTION. USE ADDITIONAL PAPER IF MORE SPACE IS NEEDED.
DESCRIPTION OF PROPOSED EXCEPTION SHOWING JUSTIFICATIONS
Appellant requests a 25' front yard setback instead of the lOa' required under this
wning (e).
will you be represented by counsel?
Yes 'I.
No
~ I\'~ (Applicant'" "gnat"ccl
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PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR
NOT G~TING: .~~~ ~~ ~ ~ "C H ~
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Status
PERMIT REJECTED, DATE ~~'rt
APPLICATION FILED "'L\ l,.."a,,\ sr\
MAILED '
DATE
DECISION
DATE OF HEARING
SECRETARY
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ATl'1\CIIfIDIT 1
lAND USE APPLICATICN FUh
1)
2)
Project Name
Sine:le familv residence
Project IDeation 1125 Ute Avenue - lot 3 Hoaj;' Rnhrli"i"ion - l'ity of A"p"'n
Sit:ll::lt:An in t-hp NWt. ~p,..t-;rm 1R 'ro1QD 1n~ ~^l\~ S34W 6t~ III
(indicate ..L...,d: adh'ess, lot & block J1Imt-.e>r, legal descripti.cn where
awrcpriate)
3)
5)
Present Zoning
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4) IDt Size 3 acres - 133,219 s. f.
~icant. s Name, Address & RIcne iI
Joseph S. Zaluba. Western Heritae:e we: Horres, Inc.
525 South Original' Street. Aspen. O:Jlorado 81611. 925-4600 or 9?5-4flfl?
6)
RepJ:esenl:ative'S Name, 1\ddl:ess & RIcne ,
SAMF.
7)
Type of JlIplication (please dleck all that aw!Y):
O:n:tit.i.alal Use
_ 0D:lepbJal SPA
_ 0D:lepbJal Historic Dev.
Final Historic Dev.
_ 5r"<'i" 1 Review
Final SPA
-1QL 8040 Greenline
_ 0D:lepbJal RID
Minor Historic Dev.
_ stream MaJ:qi.n
Final RID
Historic ~1 ition
M:mrt:ain view Plane
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0>UU.U.VJ.SJ.a1 .
_ Historic Pesi1.Jnation
--'- QU; Allotment
- QU; ExaIpt:icn
0mdaDiniumizati _ Text,IMap Amer.:lh.:.tL
_ lDt Split:,IIDt Line
Adju..L....:.tL
8)
Desc:ript:icn of Eldstin:j Uses (ro......... am type. of exist.bwJ st:rucblres:
~te sq. ft.: ,...--.. of b..h.U<.OIb; any previaJs awrovaIs granted to the
pI:qJerty) .
VAeANT LAND
9)
Desc:ript:icn of Devel~tL 1\[1>1 i,.",tion
Proposal to construct a handheWll log horre - single family
10} ~ you attad1ed the fol.l.owiDj?
Response to At:tadJment 2, MinilIIDn ~lhni=i""1 a:ntent:s
1= - Tense to Att:admEnt 3, ~ific ~-i=icn a:ntent:s
----rE5' -,~otlse to Att-J......tL 4, Review standards far Yoco: Ag>1in>tion
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8040 Green,~ " Application
Joseph S. Z:u.1Jba - Western Heritage wg Home'",,- Inc.
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A'ITAOlMENT 2
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1. Applicant's Name
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Joseph S. Zaluba
Western Heritage wg Homes, Inc.
525 South Original Street
Aspen, Cblorado 81611
925-4600
925-4662
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See attached authorization letter by Jack Barker.
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2. Street address of Parcel:
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li25 Ute Avenue
Aspen, Cbloraclo 81611 aka wt 3, Haag Subdivision
Pi tkin County, a portion of the NWt, Section 18, Township 10S
Range 84W, of the 6th PM.
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3. See attached current title insurance policy dated 1/3/89.
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4. See attached vicinity map.
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5. The proposed developnent is a single family residence to be located
on a legally created lot within the eity Limits of Aspen. The location
of the proposed developnent on the site minimizes the visual impact
of the developnent from Ute Avenue as well as the danger from
the recognized avalanche situation.
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.. COAtES
REID&WAlDRON
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Real E.tate . Rental. . Property lIaDage_ea.t
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February 7, 1989
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Planning and Zoning Office
ATTN: Cindy Houben
130 S. Galena
Aspen, CO 81611
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RE: Lot 3, Hoag Subdivision
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Dear Cindy:
Please be advised that Joseph Zaluba is authorized to file
and represent me for the application of the 8040 review
process.
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Also, please be advised that Joseph Zaluba is authorized by
me to file for an appeal for front yard set back variance.
If you have any questions or need further information,
please don't hesitate to contact me. Thank you for your
cooperation.
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Respectfully
YO=~{z:~
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Jack Barker
Owner
Lot 3, Hoag Subdivison
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Aspen Office' 720 East Hyman, Aspen, Colorado 81611 . (303) 925.1400 . FAX (303) 925-2895
Snowmass Office' Box 6450, Snowmass Village, Colorado 81615' (303) 923-4700' FAX (303) 923-4198
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Insumnce @rporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
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1. Effective date: 01/03/89 AT 8:00 A.M.
Case No. PCT-3043
2. Policy or policies to be issued:
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(a)ALTA Owner's Policy-Form B-1970
(Rev. 10-17-70 << 10-17-84) or 10/21/87
PROPOSED INSURED: WESTERN HERITAGE LOG
Amount $ 265,000.00
PremiUlll $ 880.50
HOMES, INC.
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(b)ALTA Loan Policy,
(REV. 10-21-87)
PROPOSED INSURED:
Amount $
PremiUlll $
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(c)Alta Loan Construction Policy, 1975
(Rev. 10-17-84)
PROPOSED INSURED:
Amount $
PremiUlll $
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Tax Cert. $ 10.00
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3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
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JACK BARKER
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4. The land referred to in this Commitment is described as follows:
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LOT 3, HOAG SUBDIVISION, COUNTY OF PITKIN, STATE OF COLORADO
,.,,4lo,
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Countersigned at: PITKIN COUNTY TITLE, INC.
601 E. HOPKINS
ASPEN, CO. 81611
303-925-1766
Schedule A-PG.l
This Commitment is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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Authorized officer or agent
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Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 1
REQUIREMENTS
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to-wit:
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Deed from
To
Jack Barker
Western Heritage Log Homes, Inc.
Release by the Public Trustee of;
Deed of Trust from: Hoag-3-Venture, A Joint Venture
To the Public Trustee of the County of Pitkin
For the use of Little Annie Limited Partnership
To secure $62,000.00
Dated February 14, 1979
Recorded February 15, 1979 in Book 363 at Page 435
Reception No. 211941
Correction Deed;
From
To
Hoag-3-Venture, A Colorado Joint Venture
Hoag Investment Associates, Ltd., A Colorado Limited
Partnership
NOTE: The above is necessary to show evidence to the Company
that the Real Estate Transfer Tax as .established by
Ordinance No. 20 (Series of 1979) has been paid or exempted;
as not evidenced by Deed recorded in Book 387 at Page 422.
Certificate of Nonforeign Status of Individual Transferor signed
by Jack Barker.
Evidence Satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) has been
paid or exempted.
Certificate from the Homeowners Association evidencing the fact
that all fees and expenses currently due and payable have been
paid in full and are not delinquent.
7.
Certificate from
office of
Inc., is a duly
of
the Secretary of State or other appropriate
, showing that Western Heritage Log Homes,
organized and existing corporation under the laws
Continued
FlIft, '00 LItho In U.S.A.
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Insurance @rporatlon
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA.
NOTE: Pitkin County Title. Inc., reserves the right to make
additional requirements and/or exceptions as deemed
necessary.
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This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
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Schedule B-Section 1 PG.2
Commitment No.PCT-3043
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J35-G-1D0-0041J2
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Insurance @rporation
NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
SCHEDULE B-SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed .of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public
records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if
any, created, first appearing in the public records or attaching
subsequent to the effective date hereof but prior to the date the
proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this Commitment.
6. Taxes due and payable; and any tax, special assessment, charge or
lien imposed for water or sewer service or for any other special
taxing district.
7.
Reservations and exceptions as contained in United States Patent
recorded August 26, 1949 in Book 175 at Page 229 as follows:
Right of Way for Ditches or canals constructed by the authority of
the United States.
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Utility and Public Trail Easements, and a 10 foot strip reserved
for the City of Aspen for the widening of Ute Avenue as shown on
Map of Hoag Subdivision recorded November 5, 1971 in Plat Book 4
at Page 218.
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( 9. Terms, conditions, reservations and obligations as set forth in
./ Easement Agreement recorded in Book 363 at Page 433.
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10. Terms, conditions, reservations and obligations as set forth in
~. , Easement Agreement recorded in Book 557 at Page 729.
11. Terms, conditions, reservations and obligations as set forth in
Easement and Amendentory Decision, recorded in Book 341 at Pages
11 through 18, and in Book 353 at Pages 316 and 317.
This commitment is invalid unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2 PG.l
Commitment No. PCT-3043
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Insurance @rporatlon
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NATIONAL HEADQUARTERS
RICHMOND, VIRGINIA
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SCHEDULE B-SECTION 2
CONTINUED
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Exceptions numbered
NONE
are hereby omitted.
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The OWner's/Mortgage Policy to be issued. if any. shall contain the
following items in addition to the ones set forth above:
(1) The Deed of Trust, if any, required under Schedule B-Section 1.
(2) Unpatented mining claims; reservations or exceptions in patents
or in Acts authorizing issuance thereof; water rights, claims or
title to water.
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This commitment is invalia unless
the Insuring Provisions and Schedules
A and B are attached.
Schedule B-Section 2
Commitment No.PCT-3043
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" Insumnce @Poration
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NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
COMMITMENT FOR TITLE INSURANCE
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporatlon. herein called the Company, for valuable
consideration, hereby commits to Issue its policy or policies of title insurance, as identified in Schedule A, in favor 01 the
proposed Insured named in Schedule A. as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A. upon payment of the premiums and charges therefor; all subject to the provisions
of Schedules A and 8 and to the Conditions and StIpulations hereof
This Commitment shalt be effective only when the identity of the proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the Issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to Issue such policy or policies is not the
fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent
IN WITNESS WHEREOF, the Company has caused this CommItment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is
effective as of the date shown in Schedule A as "Effective Date."
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or oiher security instrument.
2. 11 the proposed Insured has or aCQuires actual knowledge of any defect. lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In
Schedule B hereof, and shall fall to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of re1tance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. 11 the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3 Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
.ncurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b) to eliminate
exceptions shown in Schedule 8, or lc) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are
hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein
4 Any action or actions or rights of action that the proposed Insured may have or may bring against the Company
arising out of the status of the title to the estate or Interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment
~rs lltle Insu~ Ux-poratlon
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Alles!: -()
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President
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8040 Greenline Application
Joseph S. Zaluba - Western Heritage wg Hoires, Inc.
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ATIACHMENT 4
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1. The parcel contains no known detrilJEnts to development other than
the doC1.llrented avalanche situation. This avalanche situation is
discussed in'detail in the attached AVALANClIE HAZARD ANALYSIS,
BARKER PROPERIY, APSEN, CDIDRAIXl, prepared by Arthur I Mears, PE
Gunnison, Cblorado dated January 15, 1987.
Other camEnts regarding slope cut stability of the proposed building
site ate addressed in the attached report from CHEN & ASSOCIA'IES, INe.
Cbnsulting engineers, dated DecentJer 17, 1986.
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2. The proposed development shall minimize the drainage and runoff of
the existing site. Drainage and runoff will be into existing paths
on both the east and west sides of the proposed development. No new
drainage paths will have to be constructed excepting a culvert under
the proposed driveway.
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3. The proposed development will utilize a gas type fireplace and therefore
minimize any air polution considerations.
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4. The proposed development wi.ll add no new roads or trails to the site.
The driveway will be short, approximately 20' and COIre off of the existing
drive and trail. There will be min:imal impact on the site. Please see
Sheet A - Site & Grading plan.
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5. The proposed development will minimize and create no new disturbances to
the existing te=ain except for the house foundation and short drive.
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6. As explained above.
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7. The proposed development will be of min:imal square footage and be
constructued of 12" handcrafted and handpeeled lodgepole pine logs.
The roof will be split cedar shakes and the building will be stained
wi th a greyish brown semi transparent stain to help the development
"blend" into the IIDuntain side. The height of the building will be
within eity & Cbunty requirements.
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8. Utilities are available to the site. Utilities were discussed in a
previous 8040 application which was approved December 2, 1986 by the
Planning & Zoning Comnission.
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9. The access drive and maintenance agreements have been approved under
previous 8040 review approved Decanber 2, 1986 by the Planning & Zoning
Ccmnission.
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10. Reference Item 1f.J. A fire sprinkler system will be installed because of
the distance from the nearest fire hydrant.
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8040 Greenline Application
Joseph S. Zaluba - Western Heritage lDg Hanes, Inc.
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A'ITACHMENT 4 {continued)
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ll. Trail easerrents and all agreerrents pertaining to the road used
for access to the site have been approved. Copies are attached.
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AVALANCHE HAZARD ANALYSTS, BARKER PROPERTY, ASPEN, COLORADO
PREPARED FOR
MR. JACK BARKER
Arthur I. I~ars, P.E., Inc.
Gunnison, Colorado
January, 1987
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ARTHUR 1. MEARS. P.E.. INC.
Natural Hazard. ConsultanlS
222 E..t CodUc Ave.
Cwm;~.CoIando 81230
303-641.3236
January 15, 1987
Mr. Jack Barker
P.O. Box 3379
Aspen, CO 81611
Dear Mr. Barker:
The attached avalanche-analysis has been completed in accordance with our
discussions in Aspen last month. The report consists of two parts: (1) text,
and (2) map. The map is being sent in a separate package.
Please contact me if you have any questions.
Sincerely,
I
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Arthur I. Mears, P.E.
AM:lc
Encl.
AA.. Wasting ,
"""he. . Aoafond,e u,.",.,[ &.in<<rlng
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INTRODUCTION
This analysis of avalanche hazard \~as requested by lok. Jack Barker of
Aspen and has the following objectives:
1. site inspection of avalanche terrain;
2. analysis of avalanche characteristics and risk;
3. review of previous work;
4. recommendations.
The report is site specific, thus the results and recommendations
cannot be extended to other locations.
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AVALANCHE CONDITIONS
Avalanches affecting the Barker property in Sec. 18, T. 10 S.,
R. 84 Ii., City of Aspen, originate on the northeast-facing slope of Bell
Mountain. Avalanche starting zones are located immediately below promin-
ent cliffs at approximately 8,800 feet elevation, as much as 1000 feet
above the valley floor. The starting zones, or areas in which unstable
snow accumulates, are small, steep, and generally discontinuous. There-
fore, avalanches will usually be small and unlikely to reach the Barker
property. However, major avalanches can occur in response to exceptional
weather and/or snowpack conditions at any time during the November-
April snow season. Major avalanches are known to have deposited debris
on the old railroad grade in 1964, 1973, and 1974. The largest and most
frequent avalanches occur in the approximately 50-yard wide open slope
on the western edge of the property, whi ch is also the si te of the
avalanches that are known to have reached the railroad grade. A ski
trail and the proposed access driveway to the Barker property cross the
lower portion of this path.
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The slope immediately east of the prominent path supports a thick,
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triangular wedge of Douglas fir with interspersed aspen. This stand of
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trees, which is the proposed site of the new home, shows no sign of
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avalanche damage for the life of the forest (approximately 80 years).
Site inspection showed some damage to aspen within the forest, but this
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was apparently caused by an unusually heavy early June snowstorm in 1984.
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This storm produced similar widespread damage throughout central Colorado.
The avalanche conditions at this site were discussed in a detailed
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report to Steve Crowley and Thomas D. McAuley which was authored in 1973
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by l~hitney f1. Borland and Hans Frutiger. In my opinion, the Borland/
Frutiger report was a thorough and accurate appraisal of the avalanche
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conditions at this site. The present study discusses in greater detail
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the nature of the risk involved in building \~ithin the potential avalanche
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area.
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PROPOSED DEVELOPMENT AND AVALANCHE HAZARD
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Discussions and a site inspection with fIr. Jack Barker provided
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detailed information about the layout of the proposed development. The
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development layout and building envelope is shown on the attached map.
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The development is subject to avalanche hazard of 2 types:
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1. hazard on the access driveway that crosses the open avalanche
path discussed above; and
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2. hazard to the house, which will be built approximately 50 feet
east of the prominent avalanche path, within the timber wedge.
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Because hazards "I" and "2" differ significantly, they are discussed
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separately below.
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The access driveway is clearly within the boundaries of the main
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western avalanche path. Both upper and lower legs of the proposed
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driveway have been overrun 3 times during the past 22 years, (in 19154,
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1973, and 1974), as noted above. Smaller avalanches may have also reached
the_driveway alignment, but gone undetected. Although firm data on
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avalanche frequency is not available, an average frequency (at the drive-
way) of 3-5 years seems reasonable, based on vegetation damage and the
sporadic and discontinuous historical record.
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Overall risk is based on avalanche frequency and the proposed use of
driveway. If we assume an exposure time (to the avalanche) of 1 minute
per trip and 10 trips per day on the driveway, total daily exposure is
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10 minutes (out of 1,440 minutes per day), or 0.7% of the time. If the
avalanche occurs once in every 3 years on the average, the joint proba-
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bility, P, that an avalanche will reach someone while he is traveling
the driveway is computed
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P = (~) (10/1440) = 0.23% per year.
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This calculation assumes random avalanche occurrence and random driveway
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use. In other words, the prevailing avalanche and/or weather conditions
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will have no influence on the use of the driveway.
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From the standpoint of risk assessment, this 0.23% annual probability
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should be compared with other risks that are co~only accepted. For
example, daily travel during unstable avalanche conditions is common on
Loveland. Berthoud, and Red Hountain passe~each of which is crossed by
numerous avalanches every year. Some of these avalanches occur more often
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than once per year. Depending on the route taken through Colorado, the
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avalanche hazard encountered on a trip to Aspen may exceed the risk in
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ascending the driveway.
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In contrast, avalanche exposure of the house is less tolerable
because we must assume it will be occupied continuously, especially
durtng severe weather and avalanche conditions. Although the building
envelope is approximately 50 feet inside the timber wedge (east of the
avalanche path), it probably is exposed to avalanches of exceptional
volume because these will spread laterally as they descend and enter
the undisturbed forest. As a rough estimate, the building site could
be reached by avalanches with return periods of 50-100 years (1-2% annual
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probability). A building located here and intended for winter occupancy
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must be designed for avalanche impact and deposition loads. Final design
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criteria should be developed in conjunction with building plans and
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should include:
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1. Specification of avalanche forces (resolved into mutually
perpendicular directions); and
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2. Determination of loading criteria (static or impact).
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None of these design parameters can be specified at present because
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details of building size, shape, and orientation strongly control the
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details of interaction with the structure. However, experience at many
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avalanche sites in North America and Europe indicates that construction
of an "avalanche-proof" structure is feasible at this location.
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RECOMI1ENDATlONS
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The fo 11 owi ng recommendali ons consider the avalanche cha racteri sti cs
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and relative hazard as discussed above.
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1. Avoid placement of permanent structures within the prominent
west avalanche path.
2. Allow residential construction within the timber wedge and
inside the building envelope as specified by Mr. Jack Barker
during our field inspection on December 16, 1986 (see attached
map).
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3. Accept the avalanche risk on the driveway because this risk is
small compared with others normally taken in winter travel.
Although the avalanche risk is small when compared to the risk
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accepted at many mountain sites (e.g., Vail, Juneau, Ketchum, Alta),
the potential hazard should be carefully discussed with and understood
by future developers or owners of the site. They may reduce the risk
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even further through learning about the nature and timing of avalanches.
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Chen &Associates
Consulting Geotechnical Engineers
5080 Road 154
Glenwood Springs. CO 81601
303/945-7458
Casper
Colorado Springs
Denver
Fort Collins
Rock Springs
Salt Lake City
San Antonio
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Subject:
December" 17, 1986
Comments Regarding Cut
Slope Stability, Proposed
Residence Driveway,
Lot 3, Hoag Subdivision,
Aspen, Colorado.
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Job No. 4 443 86
i!_ Jack Barker
'.0. Box 3379
~en, CO 81612
e!r Mr. Barker:
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This report presents the findings of a site reconnaissance to
~ain information regarding cut slope stability along the
roposed driveway alignment. The reconnaissance was made on
e-ember 8 when there was at least 1 foot of snow depth on the
i,.e. Comments regarding the grading for the proposed driveway
~e presented in this report.
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The work was performed according to our proposal to Mr. Jack
Jl"f<er dated June 28, 1985. At Mr. Barker's request our recon-
Jissance was limited to the grading aspects of the project. We
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1. !rstand that hazards relatlng to snow avalanche are being
';..uated by others.
~"osed Construction: Lot 3 of the Hoag Subdivision is located
.l..:ctly above the abandoned railroad grade and borders the 1001
aim property directly to the west. The driveway alignment is
~osed to begin at the railroad grade, climb along the existing
f Trail at a grade of about 15~ to 18~ and switch back to the
~ at a grade of about 4~ to 8~. The driveway is planned to be
out 15 feet wide and have a total length of about 700 feet.
e- design information was provided to us in plan and cross
c,..ion drawings by Integrated Engineering Consultants, dated
tober 28, 1986. The cross sections indicate road construction
~tting on the uphill side and filling on the downhill side.
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te Conditions: The property lies near the toe of Aspen Moun-
io. 011 the southern edge of the Roaring Fork Valley. The site
eavily wooded terrain that is steeply sloping down to the
rtTl at a typical grade of 2 horizontal to 1 vertical. Eleva-
:>n difference between the upper and lower segments of the
:>-)sed driveway is about 70 feet.
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Hr. Jack Barker
December 17, 1986
Page 2
Along the northern part of the lot, the Ute Trail, a pedes-
trian ski trail, has been constructed mainly by cutting into the
hillside. The trail width is about 6 to 8 feet. The cut slope
banks are very steep and no indications of large slope movements
were observed. We understand that the trail has been constructed
in the last year or two.
The property is thickly vegetated, mainly with evergreens.
Uphill of the western part of the property is a relatively small
open area which is a snow avalanche track. The avalanche runout
area is on Lot 2 below the site. The entfre property lies within
a potential avalanche zone (Hears, 1979) and may be in an area
of potential debris flows.
Discussion and Recommendations: Existing shallow cuts along the
railroad grade and Ute Trail have been made at very steep
slopes. The soils exposed in the cuts consist mainly of collu-
vial deposits composed of angular rock fragments in a clayey sand
matrix. The rock fragments typically range to cobble and small
boulder size. The soils on the mountainside appear to be fairly
well drained and hold the very steep cut slopes with limited
slope movement when seepage is not present. Considering the soil
conditions exposed at the site, constructing cut slopes at a
grade of 1 horizontal to 1 vertical as proposed appears feasible
provided the cut depths are limited to about 5 feet and are
protected against erosion.
Fill sections constructed on the downhill side of the road
will tend to be less stable than the cut slopes and should be
constructed at a flatter grade and/or be limited in height. We
suggest a maximum fill slope grade of 1 1/2 horizontal to
1 vertical and a maximum height of 5 feet. Constructing the fill
will be difficult due to the steep terrain. 'ie recommend that
the fill sections be benched into the natural slope after the
topsoil and vegetation have been removed. The fill should be
compacted in 'relative1y horizontal lifts to a minimum 95~ of
maximum standard Proctor density. Narrow sliver fills should not
be constructed. . Instead, the road alignment should be shifted or
a retaining wall constructed.
Collecting and diverting surface runoff will be an important
aspect to the cut and fill slope stability. The natural heavy
vegetation should be maintained as much as practical. Concen-
trated surface runoff should not discharge onto steep unprotected
slopes. It may be feasible to collect the surface runoff in a
ditch along the uphill side of the road and discharge the water
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Mears, A.!. 1979, "Colorado Snow-Avalanche Area Studies and
Guidel ines for Avalanche-Hazard Planning: Colorado Geological
Survey Special Publication NO.7".
.. rhan R. A,ro...^;":~..~'_.
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Mr. Jack Barker
.' December 17, 1986
Page 3
at control points. A civil engineer should design the drainage
system. The areas disturbed by the grading operation should be
revegetated or protected by other means to prevent erosion. This
should include areas upslope and downslope of the roadway
alignment.
Localized slumping and raveling of the steep cut slopes
should be expected. This will require regular maintenance so
that the roadside ditch is not clogged. Temporary seepage during
spring runoff conditions may contribute most to the ditch main-
tenance problems. If seepage is encountered during or after
construction or if significant slope failures occur, a geotech-
nical engineer should be contacted immediately to evaluate
possible remedial action.
The conclusions and recommendations submitted in this report
are based upon the data obtained from our site reconnaissance and
the proposed development plans. Variable site and soil condi-
tions may be encountered during construction. We recommend a
geotechnical engineer review the design drawings and perform
observation and testing of the grading operations.
If you have any questions or if we can be of further assis-
tance, please let us know.
Very truly yours,
CHEN & ASSOCIATES, INC.
BY.g-~ tf. jJJ
Steven L. Pawlak, P.E.
SLP/ec
Rev. By: R. M.
.- Chen&As,<;()(Ojllt""
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~ldL;K oor Kl:H
P.O. Box 3379
Aspen, Co. 81612
303-925.-8580
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Feb. 18,198i
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Mr. Stellen Burstein
City of Aspen Planning Office
Galena St.
Aspen, Co. 81611
Re; Barker 8040 Greenline Application Amendment
Dear Stelle,
This letter will more specifically address remaining conditions of
the Dec. 2, 1987 approval as well as the original approval.
1) Snow Removal Plan
The concern about snow removal is that it should not interfere
with the ski trail grooming. So I hereby agree that either myself or the
purchaser of Lot 3 shall not move snow onto the trail and that a base of
snow will be left on the trail/driveway to accommodate skiers. I know
from my previous experience working on this road in the winter during the
construction of the Lot 4 duplex that it is almost impossible to plow this
road down to the gravel. It is such a shady site that the road is frozen up
all winter. Of course it will not always be possible to keep a maintained
ski groove in the trail but there will be plenty of snow forthe machine to
keep a good skiing surface. See the engineers final drawings now being
processed that will include a detailed plan on where to dump the snow
from plowing.
2) Conservation and Reyegetation Plan
The concern here is to stabilize the soil as well as make the
disturbed soil look natural. My plan is to person611y supervise the remov61
of surface soil during construction of this r06d. My experience in building
here in Aspen for mony yeors is thot is much eosier to protect the existing
veget8tion th8t it is to get new Yeget6tion to grow. Fin81 8lignment of
this driveway will be made to conserve 8S many existing trees 8S is
possible. On the uphill side of the ro8d we will expect to h8ye 8 one to one
glllde th8t is very steep. As indic8ted in the report on cut slope st8bility
by Chen ond Assoc., we can expect thot the rock form8tion C8n provide a
very steep 8nd yet stable bank. By keeping to 8 steep uphill b8nk we C8n
reduce the omount of n8tur81 veget8tion th8t would be eXC8Y8ted 8nd lower
,.
r .JflCk tlflrker
\... ,. P.O. Box 3379
Aspen,Co.B1612
303-925-8580
the heightQf the bank to no more than 5 feet. We will add soil along both
upper and lower banks where we will plant ground coyer plants with good
root systems such as Sweet Woodruff (which is the most successful
ground cover I have used in shady banked areas), Bluebells ( which do well
llround rocks llnd shllde llrells), Lily-of-the-Vlllley llnd Common Periwinkle
( which like lots of moisture and shade). These are all easy to find nersery
stock which I hllye planted in the Aspen area with very good success.
These small ground cover will look more natural than wild grass since
there is almost no grass on this exposure. We will end up with a rock
garden look to most of this area. This is the method I used successfully in
landscaping the Duplex on lot four below this site. Some small evergreen
trees will be planted around the switch back llnd at the junction with the
old railroad right-Of-way where the realignment of the ski trail caused
considerable damage. A detailed site plan is being developed that
incorporates this landscape plan as well as the drainage system of our
previous plans.
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3) Sharing of access through Forest Service property & easement across
Lot Three.
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Brooke Peterson is sending a copy of the easement agreement to
Paul Tadoon for his review. Greg Thompson at the Forest Service said that
he would only need II copy of the executed ellsement agreement for his file
to insure that the City & Nordic Council has been given the right to use
this access. So this is in the works and you will be getting copies.
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4) Remoyal of excavated materials
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There will be no dumping of excess materials from the
construction of this road or the homesite on the lot or surrounding areas.
All excess materials will be hauled away to appropriate and approved
lllndfillllrells.
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If there are any Questions regarding my plans for this project
please give me a call.
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Sincerely,
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THIS ACRtDlENT.aade tb1. /.' day of .I..."....:...oty. nil, 1ty
...,d between JACK a.uuer:R (hereinafter reta"" to .. ."rnr"),
and the CITY or ASPEN (hareinattar reterred to .I. .Cit,-).
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WHIR.tA$# Barbr h the owner of ceruln 1'..1 property
eOB:lIOnly known .. Lot 3, 8oal) SubcU.Y1elon, City of Upen, COUnty
ot Pitkin, Stat. of Colorado' and
NIIEREAS. Blirker is alao the bolder of Special U.. Pentt
Vhieh .tteet. certain property owned by the vnibd lute. Toren
sentc.; and.
WIIEf!AS. th. City 18 da :1ftN8 ot cmu1n1ftq .In _.-.ant.
aC'l'oaa hrker'. property and the rlqtlt to .... the United .'ta~ j
Fonat Service property for tbe purpoae of COII8tl'1lCt1ng . }
recreational trail, and i
1IIID.EAS. Barkar i. 4edroua of qrant,ln9 an .........t. acroea
hi. property and aUowiDg the ... of the UIlit:ecl .~ PDI'eft:
Service property apcm tae UBa aDd c:ond1t.l_ ooa1:a1ned ......in,
110II TllEREroaz, for "'n Dollan ClIO. 00) and ~r fJOOd ....
valuable couicteratlem, and 1n COMi.4enUon of tbI .aaal
COVenaDt.a conUiDM, benin, ~. PG'ti_ a9~ .. tOll...,
1. Ea.......t:. Barkar beRby qrant;a 1:0 tIae City, ita
-.acoea.or. and ..at.... fore.ar, 1:be follov1"9 ~rJ.bed pezpe1:ual
and. ftOft-exclu1.. trail ea-.nt; and. rl9bt-of....y, for ~t:j-'
recnatior.al use, 1nc:1ad.lncJ but not. 11a1ted to, C'I'OH country
.kUnq, hiking, bicyclinq, equeRrian and. otber __, eMIr t:ba~
prop.rty deHribed .. Dri...,., and lfrall EliUL..t in IadlJ.blt A,
attacl10d "'nto and 1IIaorporatod .....in Ily tbi. ..f_. .... ...
Danby fJI'IInt.. to t:M City",. l'i9bt: t. utlU... oerta1A ftIII
property Vblab 1. WMd by t.ba tbl1tad .catee ~ ....1ce,
Wicb aarkar bas ~ ril)ht. 1:0 u.. panunt. 1:0 . .,.1al a..
Pen.1t.. DIe propeftJ' to be tNrdeDed by t:be --Fill .L and tba
property owned by ~ 0IUt.ed aut.ea PorHt: "rv1ae 8IIa11 oolleot-
1...1,. _ referred to bar.anO' .. tbe _Property",
2:. 1lH. 'lb.. uae of tJ\e Pl'Dperty ..11 1ac:lllde, lIut: DOt ...
liaite4 to, Ute Mt:tinq and. ..inteDance of erae. aoant.ry aiding'
tracu by -.cbanbed .qul.....t or by band, .. _11 .. tile
conatructlon and pl.~t of lntor.ation t:rail .......... 'I'ba City
.ball, at it. own axpeJWe and ccwt,. iMtall aGc:b pt., br16,a
or otber iIIpnw_nt.a a. are neouaary tor tile .. .... M1Dtea-
GC8 of the trail located on the 1'I'opert,. and f. tile ,.....,. of
track M'ttiftlJ aqal.-.nt in U1. v1ntar. 110 ~ II t.._UMa 1&ba11 ...
pertOlWad upon t.ba ftopItny ..cept .. 1. ~ to . ~..
tile Pu_ of _. ,..nt .... _ witb tile --... Of
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MEMORANDUM
TO:
Bill Drueding, city zoning Official
FROM:
cindy Houben, Planner
Barker ;Lot 3 of the Hoag Subdivision
RE:
DATE:
March 23,1988
----------------------------------------------------------------
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The Planning Office has received an application for an 8040
review for a environmentally sensitive area specifically located
on Lot 3 of the Hoag sUbdivision. The Applicants consulted with
the planning Office prior to submission and were directed to the
Board of adjustment for consideration of a variance from the
required front yard setback. The Lot is a substandard size lot
located in the conservation zone district which requires a
minimum of 100 feet for the front yard setback. You will notice
from the attached site plan thatthe lot is very step and is
constrained by environmental hazards such as an avalanche path
and by public utility and trail easements. In light of these
hazards the Planning Office feels that the applicant has
established perhaps the best siting for a house on this parcel.
As proposed the house would be within 25 feet of the front lot
line and approximately 8 feet from the existing trail easement.
Allowing the house to be established in this location would
reduce the requirement for a driveway to cut into the hillside.
The driveway already exists but potentially a portion of the
driveway could be reclaimed as a requirement of the 8040 review.
The Planning Commission has the final authority to grant or deny
8040 Green1ine review. The planning Office is only a recommending
body to the Planning Commission in this review which is scheduled
for April 4,1989.
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MEMORANDUM
TO:
FROM:
RE:
DATE:
WELTON ANDERSON, Chairman-planning & Zoning Commission
REMO LAVAGNINO, Chairman-Aspen Board of Adjustment
BARKER: Lot 3 Hoag Subdivision-8040 Green1ine Review
March 28, 1989
At the scheduled meeting of the Board of Adjustment on March 23,
1989 we heard and granted a variance to applicant Jack Barker:
Lot 3 Hoag Subdivision (Case #89-6).
We granted the front yard setback variance to more safely situate
the structure in a denser stand of larger trees, out of the
major avalanche path. In walking the road to the lot, there were
substantial avalanche occurrences that crossed the road. Looking
uphill I noticed major snow movement had occurred in trees the
size and density similar to conditions on the subject property.
While the Board felt a need to further mitigate the potential
avalanche threat, it did not want to encumber the Planning
Commission's role in their 8040 Green1ine Review.
The Board has asked me to write this memo to express our concerns
and offer recommendations for your consideration. Under the
direction of the Engineering Dept. we felt that a deflection
barrier should be constructed uphill to direct any snow movement
away from the structure and toward the main avalanche path. The
protective barrier should be strong enough to withstand avalanche
impact and deposition loads. Further, that there be a close
monitoring and minimal removal of trees during construction.
cc: Cindy Houben, Planner
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