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HomeMy WebLinkAboutLand Use Case.200 Sesame St.11A-86 ,~ " , ~.l:a.I..fvru.l .&>u~~ .;:)DEtEt.L City of Aspen 2137 '01q"lif.'~'" 1""""-,. s J E NO. --STAFF: <;; 'PfJ1/flJ) '. " 27-336r 1. Conceptual Submission 2. Prel imi na ry plat 3. Final Plat 20 12 6 II. Subdivision/PUD 1. Concept ual Submi ssion 2. pr el imi na ry Plat 3. Final Plat III. All "!yO Step" Appl ications IV. All "One Step" Appl ications I 5 $1,900.00 1,220.00 820.00 $1,490.00 $ 6 80 .00 14 9 6 11 V. Referral Fees - Environmental Health, Housing Office 1. Minor Appl ications 2. Major Applications Referral Fees- Engineering Minor Applications Major APPlicationsl~ 2 $ 50.00 . 5 $ 125.00 80.00 200.00 _.___... ..4 .,;,;"'.~,.'..,:.,..:!j,t.'.J...-",..!....r:'/}~/uu ~/: :~.:.'.:;...' . '., ....- - ----- ---.---------.- --- -------- ---- ------------ - ------ -- --...---.-.---, .-------------------------------------------------------------------- "" cc '''''mG ""TE, ""-:v.:L.. "'""'" H~ "yes @ DATE REFERRED: ~ INITIALS: =========================================~======== ================= REFERRALS: ------,.CCity Atty v"'" Aspen Consolo S.D. ____ School District ~ City Engineer Mtn. Bell ____ Rocky Mtn. Nat. Gas --------/ Housing Dir. Parks Dept. ____ StateHwy Dept (Glenwd) -Y-. Aspen ~Iater ----r- Holy Cross Electric ____ Statellwy Dept (Gr.Jtn) ---- City Electric ~ Fire Marshall.~'\'.~ ____ Bldg: Zoning/lnspectn ____ Envir. Hlth. Fire Chief ____ Other: . Roaring Fork Transit Roaring Fork Energy Center ==========================================~=======~=================== FIN~ ROUTING: DATE ROUTED:"j- / INITIAL:, L City Atty City Engineer L Building Dept. Other: V CWciD ____ Other: FILE STATUS AND LOCATION: ! Revic\~cd by: ( i,speD ~ cityC611ncil Sle5~1-~I>\.1" "8040G~~Q.llne" O~, ~'3 5"", j q ~t <i1. n{~j~u""" ~~ c~J 5 "j.rVl.1 ,~J fh ~~ J:Jv (fD'tO !01..uJ,,>x I!.:/,;'; lliL b"u,rl"*' W~ "~~~J "', Let ~~'], ~"'1<'AJ Puh IJrJJ.W~ 6 ~. .~ ill> fA''';'''' <,:.,Jk:, : ' " ,'1. A site specific subsurface soil investigation shall be done by a qualified geotechnical engineer after the building sites have been pr epared to determine specif ic foundation design. The investigation resul ts and designs shall be submitted to the Engineering Department and Building Department prior to pouring the foundation. ,;.-, , 2. Revegetation shall include the type of plantin9s and procedure of revegeta ting as represented in the Siegel a ppli ca tio n. Revegetation shall be accomplished by no later than ~~Tebi!l 1987. A. new revegetation scheme shall be submitted for the . Smith site; Lot 3, to the satisfaction of the Planning Office prior to issuance of a building permi t. Any changes in the revegetation schemes shall be processed through an application to the Planning Office, and if they are determined to be significant, shall be processed as an amendment to the 8040 Greenline Review approval. . . 3. liat~r meters s~all be located at or near the property line and the wa ter 11 ne shall be sl eeved where is passes under the Salvation Ditch, to the satisfaction of the I'later Department. 4. All util iti es B.hall be undergrounded. 5", /vl1,t~ Jv.Jk1 <<rv;&ul aJ rwrf,.. c1J) U e~-I a,j ~121t) t<l1 i1v'ffL1,:t{\~: \.6-::> Access to the property shall be along the Salvation Ditch ~ through HOlly Gibson Park. Access easements obtained from Pitkin County shall he submitted to the satisfaction of the City Attorney prior to the issuance of a Building permit. Vil~<l-"o 44~,QIJ ~ L< li:.",..J, #. Jv~w4,7~M~ i, ~{ "J,^tJ -4 il" ~,J, 1 LL €'f"'tW/'., D~,.J '" ~t()J.~f); H 9.1.lq~ llr4t>A'p,L". , 7, ~ ~,.;t dwJ '. !~. ~.-J tl .iF.;) ~,j ,'" ; J<Jr.{;'4~ Jcr.) -L~ ~ ~o' OJJ, I/.AP ,{, ~ f-k p~, (y/!;'-<. MJ;. W 1'#1'4< W1J)" 4" AI.l1. C, ~f4^": p~/r(Q'1l1;il",/D~~/q;4 f.k"'q>ff~ HI... ~M;(4 Jliv;IJi;)]~, C) '!il -----"~-_.- ---_._~ .,r. MEIDRANOUM TO: City Engineer Aspen Water Department Aspen Consolidated Sanitation District Fire ~larshall FROM: Steve Burstein, Planning Office Lots 3 and 5, Sunny Park North Subdivision - 8040 Greenline Review RE: OATE: April 10, 1986 ---------------------------------------~~------------------------ ---------------------------------------------~~------------------ Attached is an application submitted by Gary Wright on behalf of his clients Barry and Sharon Siegel and Robert and Glenda Smith, requesting 8040 Greenline Review for .the construction two single family homes, one on Lot 3 and one on Lot 5, Sunny Park North. Subdivision. Both parcels are crossed by the 8040 elevation line and therefore must be reviewed pursuant to Section 24-6.2 8040 Greenline Review criteria. Please review this material and return your referral comments to the Planning Office no later than May 5, 1986. Thank you. MEMORANDUM TO: Bill Drueding, Zoning Official FROM: steve Burstein, Planning Office RE: smith Revegetation Plan (Siegel-Smith 8040 Review) DATE: March 30, 1987 --------------------------------------------------------------- --------------------------------------------------------------- Condition #2 of the Siegel-Smith 8040 Greenline Review approval by the Aspen Planning and Zoning commission required the smiths to submit a new revegetation scheme thaqt conformed to the type of plantings and procedure of revegetation as represented in Siegel's application. Their revegetation plan does meet this requirement. It should be noted that if the Smiths desire to plant trees on Sunny Park North Lot 5 this would be in keeping of their conditions of approval and would be desireable. The intent of the regetation scheme is to plant as abundantly as desired scattered native species that would enhance the hillside, and to discourage introducing many exotic species that would then call attention to the distrubance of the hillside. cc: Bob and Glenda Smith , . ("\ t) , D rn@rnowrg n .a2t- U _.uly 24, 1986 E;t€~ve E-tLtrs:.'t:ei n A!spen and Pitkin l:'~O Sn Gi::\lf=rH'~ A!3pen, CO B1f~l.:l : County Planning Department Dei3.I'~ st:€?ve ~ Enclosed are multiple copies of a new access desigrl for Lots 3 and 5~ Sunny Park North Subdivision and the topographical slJrvey from which the first was i~ part derived. These are submitted as part of ongoi ng 8040 Grf2f:?1l1 i nc.,? ...revi ew of Lot 3" The major areas of consideration at this point appear to be architectural and access. Let me first discuss the architectlJral design. Thl""E?(7:~ cri t(.;;)l"oi a as prf?S€~nt(2c:1" Shar-'on Si {o?(.;:J~?l " .f 1 001'" areas is l"'E~si clencf2 \,oJi 11 determined the architectural form o.f the residence The first is the program o.f the owners, Barry and The arrangement and disposition of spaces arId my professional interpretatiorl of tl,e way the best satisfy their needs and lifestyle~ Secondly, the design is passive solar, necessitating ma>:imization of south facing glass. Besides resulting in an ef.ficier,t residence with an auxiliary heating requirement of 21.8 MBTLJ, $450 annually at current electric rates, this satisfies some community goals and desires for reduced energy conslJmptio11. Thirdly, the roof form is also in part a response to snow. The metal roof, choice of the owners, slopes north and south to divert avalanching snow away from, rather than onto, the west deck and main entryway to the house. On the north, with few window~,;~, it: m~":\y acc:umulc:.-\t:Q'" On th€~ ~sout:h, m€-2Ji:in~~ ("Jill DCC\..\I'~' mor'e rapidly than on other exposures. I must also remind you, that the floor area is less t~lar' maximlAm FhA.R", that the building department, in corlcurrerlt review, accepts the roof as being below maximum building height, and of Article 24-8.13 (page 1497, Supplement 13) of the MLlnicipal Code of Aspen, regar~ding requirement for area and bt,llk redtActioll in the R15 P.U.D. zone, '!In no (-::~Vf:?nt: hD~J€-2r.ver' i:::\ F'"U..D. dt;.?si(;Jni~t::tDn not{,~,Jit.hst.:.,nclinq:! shall compliance with this Ar-ticle be required for the cioJn!:;tl'''ucticH1 c)Of ,,,\ !~~in(;11€~ family 1"'€~sidE~nC:E~ on l~ '~;€~Pi:':\!'-l::\te lot" II Peter Dobrovolny AlA drawer 340 old snowmass CO 81654 $ 927-3369 o . r'\ ~ , , Regarding access, having failed development of a new ~subdi \<'Jhi ch {.'Joul cl have pr"ovi ded i:\ new bui 1 eli ng envelope and acce,ss above, we now prtivide accesS from Parle Circle Drive, ;the dnl legal access to the lot(s), as shown on the attached There is an alternative that I believe comes very eV<::'~I".bCJ.dy what t.hf?Y Wc\llt. Revegetatio~ will be as previously proposed, including to the edge of Park'Circle Drive. Note that neither Ci . County ha~e revegetate~ areas di pturi;'ed as a resLll t of Cir'cle Drlve constn.lc:tlclfl; . This access will work. It is not optimum, with sizeable fill at ,.i1:her end and tight tLwning ,",'ldiL It also precl future consideration of a nordic or pedestrian trail along Salvat:iClrl Ditch alignment. However, denial of this, our best e'ffol-t" consti tutes taki ng wi thout comp.msati on. Wi th no inlcended fn~m me personally, denial 01- tabling on August 5 well initiate fJling of suits from either Siegel and Smith Colorado National Bank, or both. The alternative is driveway access along Salvation Ditch parallel trail easement just to the south and west of the from Smuggler Mountain Rcad:to the east end of Lot 3. Achieving this solution will take some, time and the sincere participati6ri of the owners, the City and the County. All parties Mill have to give a little: The owners will have less privacy~ The City will get somewhat less than an optimum trail. The County will need to allow a private driveway through Molly Gibson Park. However, all p~rties will get what they want: ~ The owners will get approval to b~gin construction, now desired (rnore on that below). - The City gets a trail easement without the ~ilemma of ,cost of condemnation ~o save the trail. - The County, I'not in the trailbusinessll, has no need to dedicate a trail easement above the lots nor to partici land swap to provide improved building .nvelope and access above. It's cogent to point out that the cost of earthwork to eight foot wide trail parallel to and slightly below the Sal vat i on Di t.~h shp~tl d bl~ in t.he ,same magni t.ude as t.he $5, $7,OO() quoted 1:0 us for ear.t.hworMk for tl1E:-? dri veway access presented and signi ly less than condemnation. What I would rf?vi sed 8040 Vii th condi ti th€-!' a1 ternati ievedon August 5 is approval fh the'driveway access as paF'ties begin to immediately the Salvati be '<C;;;.;"':',::'-'" "';<:;;~<"~:;: , ~ constr"uct i on purposes on I y access issue is adequately time as the alternative way (Jr anot.her.. In conclusion, this is the - it preserves the opportunity to maintain a trail alignment, which the City Attorney instructs us should never have been an issue inthi:> review, ,'t." - it completes 8040 review with6ut~tabling and/or law suits, - it sa..ti sf i es the c.){.olnel"'r;;' desi l~e.i:'C), comp 1 ei:e purchase and begin cons'cr'uction. Please accept my complet~.willingness, and that of the Siegels, Smiths and their legal cousel, to do ever-thing in our power to work with you to achieve a solution that is in everybody's best int.el"'ests.. p)iiJJ Peter. Dobrc~vC)1 ny Enclosur-es p..c. Wright and Schumacher Bar-r-y and Shew"on 8i f2(~el r'\ ~ , Page 2 8040 GREENLINE REVIEW Section 24-6.2. of the City of Aspen Municipal Code requires that all development above elevation 8040 or within 50 yards below that elevation be reviewed on the basis of nine items of criteria, as follows: See. 24-6.2. 8040 G.re,e~lin". review. (a) Intention. To provide for review of all development above the 8040 greenline within the City of Aspen and all development fIfty (SO) yards below the 8040 greenline so as to aid in the transition of development from urban uses to the adjacent agricultural and forestry uses; to insure ,that all development is compatible with the prevailing slopes; to provide for the least disturbance to the terrain and ,other natural land features of the area; to'guarantee availability of utilities and adequate access; to reduce the impact of development on surface runoff, the natural watershed, and air pollution; to avoid losses due to avalanches. unstable slopes, rock fall and mudslides; and to enhance the natural mountain setting. (b) Review criteria. In reviewing the development plan, the ZOni.ig commission shall consider the following: (1) Whether there exists sufficient water pressure and other utilities to service the intended development; . (2) The existence of adequate roads to insure fire protection, snow removal and road maintenance; (3) The suitability of the site ,for development considering the slope, ground instability and possibility of mud flow, rock falls and avalanche dangers; (4) The affects of the development on the natural watershed, runoff, drainage, soil erosion and conse- quent effects on water pollution; (5) The possible effects on air quality in the area and city wide; (6) The design and location of any proposed' structure, roads, driveways or trails and their compatibility with the terrain; (7) Whether proposed grading will result in the least disturbance to the terrain, vegetation and natural land reM~; , (8) The placement and clustering of structures so as to minimi7.e roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; (9) The reduction of building height and bulk to maintain the open character of the mountain. (Ord No. 11-1975, fi 1) r-, ~ F'a{.:;Jf2 ,_, The subject property is Lot 3, Sunny Pa0k North Subdivision, located on Park Circle Drive in the City of Aspen. The lot is effectively split by the Salvation Ditch creating a small, steep building site immmdiately off Park Circle Drive on the lower part of the site and. more buildable building site on a fairly flat bench above the Salvation Ditch. In this part of Aspen the Salvation Ditch is run through a buried four foot diameter concrete culvert. The resulting ground surface is a rc~gh but driveabl. roadway. Access to the upper building site is provided via the Smuggler Mountain Road and an improved driveway to be constructed over the ditch roadway. The roadway is sufficiently wide enough to require no cut and fill, only mi nor' gradi "9 and ,....f:)i':\cl bc:\s(-2. Sf.?~:? ~,ttached documentati Dn explaining access and use of both roadway ~nd ditch. A site plan, Sheet 1 of the construction documents for this project is attached. It shows a small garage shop located on the lower portion of the site and the main house located on the upper building site above the Salvation Ditch. An iSCHnetl'"'ic: Vif.:~I,oJ on the !samesheet describes the architectural character of the house. The lot is 18,380 square feet in area. Also attached is description of ownership of the property. This application addresses ~ach item of review criteria as presented above. III A verbal indication of ~ufficient water and water pressure was given by the City of Aspen Water Department and a written request for written verification was made March 27, 1986, copy 0" lettE?r attac:h,.d. Written response will bE? forwarded to the Planning Department upon receipt. City sewer main is located in Park Cil-cIe Drive. Electrical power if;; -availc\l::)le at twC) locations lIe€:U"N this property. Holy Cross Electric is currently investigating the location of a transformer in the vicinity of the south west corner of thm property to provide service to lots 3, 5 and 7 of this subdivision. (2) Park Circle Drive provides access to the lower building site, where the garage shop is located. It is maintained by the City of Aspen. The City of Aspen will provide road maintenance and snow removal on the Smuggler Mountain Road as far as the upper par~ 9f lot seven. See attached pI at~ shoVJi ng I'Neconf i gurecl 1 c,t Sf2V€-?n, th(.? roesul1: of a land swap to provide for e>:tension of Park Circle Drive. The Pitkin County Housing Authority is the current owner of lot seven. Road maintenance and snow relnoval will thlJS be provided to the dl'""iveway tD b€-? constrt.{c't~(~d over the Sal'/e:\tiol'1 Ditch, thi s c1r i veway pl"'ovi c1i n~J !~CCE~SS; to tlie bui Id:i r1(;} si te=:. on both 10.1:: thrNee and -f:ive. Jvlair1"t.enancf:? and ~-;now removal on this pri vate droi veway {..J:i 11 !:.'H2 the I-E7"sponsi bi 1 i ty of t.h(-:? O\o'Hl€H"'S of ~. r'\ Page 4 these two lots. There will southern side of lot three. be no vehicle access beyond the '" (3) Buildable area for a house is limited to the bench and hillside above the Salv<.\tic:m Ditch. Slopes ("'ange fl"om les=; than 10% on the bench to I:JVer' 45% em t,he l.lpper plJrtion o'f the site. As the buildable area is small, the house will be built on the bench and into the hillside, with the foundation walls acting as retaining walls on the upper part of the site. Sae attached report fr~n Doctor Nicholas Lampiris addressing slope, ground instability, etc. See also attached portion 0+ geolo~lic map of the Aspen a,-ea, showing approximate location of ~ubject property. (4) As the subjact proparty is part of a small hill, the top of which is just above thanortheast property cornar, the only drainaga and runoff occurring on tha proparty is that from snow and pracipitation falling on tha proparty. No major or minor d'....ainages occ:ur.. See attached roe-port from Doctor Nicholas Lampiris. (5) Being a single family residence, the project will have insignificant, if iany, effE:-?ct on lidr quality in thf? city, both during construction and after. (6) As discussad in (3) abova, tha housa is dasignad for the only available building site on tha property. The house is dasignad to ba integrated into the site !m that final gradad elavations around the site ara littla different than existing elevations. Access to the building site is along the Salvation Ditch roadway, preventing the nead for naw road cuts on the hillside. (7) Grading will be limitad to the immadiat. vicinity of the house' and areas arol~nd it requiring backfill after e>~cavation and c:on~5tr~uction o.f fDundat:i.on wi:\11s. Final grade will be little different than axisting grada, resulting in minim,al dis,turbance to the ter-rain. Existing vegetation is sage brush and small service ber~y. No trees exist on the building site. Revegetation of disturbed areas around the site will be with native grasses to provide stability, reduce maintenance and need for watering and to create an appearance of ni:\tur.al vt"?(.:;Jetation ,ar'c)und t.he hou!se. (8) structures are placed on the only buildable areas of the site. Cutting and grading will be limited to the vi ci ni ty of the structurE?~'; them:~el VG~~::' an'd ~Jl'~ades around them will be returned to existing slopes. The Salvation Ditch will be used as an access drive to the house, preventing the need for cutting and filling for a driveway access. Other areas of the site will be undisturbed. (9) This neighborhood is composed of single family and multi-family dwelling units, generally small in scale but densely developed. A few blocks to the northwest of the ("', t"\ ;1 Pi.~ge 5 property is the Centennial 'housing project, massive and highly visible. An appraisal of the pr-operfy and house as designed, performed by James J. Mollica and A.sociates (not attacheKO, state~; "The n€~i(:Jhbor-t1lJod i~; considr-ed fair- to average in appeal primarily due to the high density of development ..." and "Th,'1 ,",,~i ,jhbor.hood ha~o steadi I y improved over-recent years as' more and more properties ~lave become owner fJcc:upied." This project C'in only improvE' the nei ghborho(Jd. This application deals wi,th a single family residence, designed to be incompliance with F.A.R. and building height require~ents f6r the R-15 zone~ The house will be blAilt into the hillside and stepped up the hill in order to reduce visual bulk and to create architectural integration with the building site" Exterior materials of construction are wood siding and metal roofing. ~Jlors of both will be earth tones to reducE-!' vi sual i mpcH:t.. Building sites on lots five and seven of this subdivision are at a higher elevation than the building site on lot thr<-2E? Re::i-i denC:E?!-3 con'!i;;i:rLtcted on these si tes (on'f? is currently contemplated en lot 5) will h~ve a much greater' impact on the open character of the mountains even if height and bulk are reduced~ .-:-....-.,..,..---~'.,,_.- tr"', ~ ~- .~ APPLICATION FOR , 8040 GREENr.INI! ~ ON - ---'--.- .!!!!: 1 SUNNY ~ ~ SOBOtvrSlOll. Cl'1Y OF k;"l:ia '!his Application is being su!:rl1itted purs.-tto th<> r"'lUir""",,*s of Article VI Specisl lleveloprent l'>rmits. S24~.1 and S24~.2 8040 Greenline rev-iew. '!his JlfIplication is. being subnitted in COI1j~i"l1 with the JlfIpliction of Barry and Sharon Siegel. IDt 3. Sunny Park lbrth Sd:Jdivlsion, City of Aspen, 'ltl<! Siegels'pro!?"rty is an lrljacent property and to a great extent the criteria and impact are similar or identical. REVIm aUTERIA 1. '!here exists sufficient ....ter pressure and other utilities to service th<> intend"" devel6pnent, Jim Markalunas of the city water Oepartzrent indicated that the City ....ter line. wlitll suUkie"t Water pressur..-, is available to meet i:h..- needs of tile I""op<>sed hare: ' lIeiko lIiulln of the /!Spell Sani taUon Elepartment indicated that there is a sewer line located under Park Circle .bich is a.i~ fO llervice the proposed l1o:ne, ' locati~~ ~~,,:fa~";:;t:S :-~r~c f:a;rect~~k~:WO different 2. Pdequate roads exist to insure fire protection, snow removal and roa:l maint:e_. PropoSed access is by Park Circle liilich now connects to SnUjgler Ibuntain Road. Jim Wilson. City Fire Marshall, confirmei:l that a City fire h~rant is located across Park Circle and is accessable and adequate for fire protection. Park Circle and SnUjgler Ibuntain Road are or will be maintained by the City. After the County sells IDt 7, the City will al~ mai~~" the, acceSll on SnUjgler Ibuntein ROM.'ll", ~ fr~ sn~ler It>untain I1i>\!6 along Salv"tion Ditch will be lMintained by the """ers elf IDt 3 and IDt 5. 3 & 4, '!he site is suitable for the prllposeddeql!lo~ of a single family residence conslderingslo!?", 'lround Instabilitl1,mul flow, rock falls and avalanche d""'lers. '!he dev'lloprent will have no n'''9at ive inlP,act "" the. natural; W5l:er shed, run off. drainage, soil e~osion or consequent effect on ....ter pol;utlon. Please see the rep<>rt fran B!iMer and l\lJS09iates, Ni,,,,k Iampiris Q,g ineer l!It~hed S!I El<hibit "A" "a!Id. i!1(:'O$ra-ted berein fo.' , confirmation of the foregoing. ' ,.", , 5. '!he proposed hone is a single family residence of ~rtll<iIlIately 2,400 llq\W'e feet: ,and consequently will have little effect on air quality in the City of Aspen. l\coOrding to Ordinance lb. 5, 511-2.3 <if the Mtlnicipal Code of the City of Aspen the proposed bane w.il1 have t.., certified """",burning devices. It will use the list provided by '!he ErwirCllll1>intal lIealth Department to select the """,,",uming devices so the air quality will not be negatively effected. 6. Park Circle and Sntggler Mountain Rb8d are illplaoe. Likewise t the dr iveway will he an up;rade of the existing road""'Y constnx:ted by the Salvation Ditch Crnlpany adjacent to their covered culvert. l\11 design will be done in mind with the lll<1Ximtnt canpatability with natural terrain arx1 the Aft" :1\ YlIA1 l1 " \ -'-- f'r""\, v ~ t'\ I O,,",ers is1tend to replao> and supplement natural vegl!tlltiOn in an llttempt to get the home to blend in with th.. adjac..nt terralh. '!he proposed single fanily building is de"Sig-h'ed to CbhfOiin to the nlltural slope and terrain of the site (Pl~se see the topograJ;Mc ....1' and sect,ion of building attRchfi!(] a.~ t=.:xhibit "8" and inco'rporated herein). 7. Mini.ma1 q~a:Hng .and excavation i5P['Opo~1 ~h fat' ECOncmic an:] conserv.::'l.tion reasons. No pl.,')n:; lire ~.~ to e'xcavateexcept wher~.. it is absolutely necess..:uy andev~ry reason.:'bleeffortwil1 be made to preserve the natural terrain, ve'Jetationand land .feat:urcs. In addition planting and landscaping are plannro as described above. 'Ihe ar-ea~1:,J!;excavated will be the north wall of the hem> and consequently ~U::h d""rgn will offer hoth vi!'>ual and en~rgycon!;ct"Vationbene:.fit$;. " 8. '!he ho""" is the only structure to be bttilt. dn the property and it will be placed soc:h that th.. ..dsting Salvation !liteh Road y.ill ,serve Ma driveway and only minimal c1Jtting and grad!"J willtoke place. '!he design of th.. home will """Unize o!>"n "J?o'C<!,a.'1d ~n fact ,the desrgn of tru.. home (with the north wall set into the slope) will preSt'!i!Ve the nioimtain as a scenic resource "",J in Mditi,on the planned l~seli!ti"J ,arv.J. planting will suhstantially enhan= the view of tbis area fran the toon, cif' A."J;len. 9, 'lhe cur,entcllari'ct:e.~ "f thelll()l1f1.€a1nIs 1i~~I~.i~~r~et\..".ji the neighOO~~ fs,~I?i'{s,~ of,.il<>!=h ~~fe f(lind;f)r ~.:Il)~it,~ .f....j1l' ' d--lli"J lllUt..c '.' Jfi~ Juga il..nsH'}'. h!gfdYVi,,!l'>!e~~i"J;!i>uslng pro~~ ~~oo~li.irt~~~i~.,,~l)fe~~~ -n:uit~~1~1'a1~~:~ the R IS ~e"!l: (~r a.. F,A,~. andl>!>t1dtrij~rgl1t,'ffiellbutll!wtl~ I'!' ~1ld;f1i into the hillside for ast!lett",,~ energy ~~tViltt'?!l~~", '1l1e sidf"J. will be nat~ral rOCK ariO """<'I. wtl:h".~ Clr~~.~~""!11e pro~'1"'l' .'l:fle buHdi"J site 00 Tnt 7 of the sllbd iVlslon will be a higher elevation than the building site prop:>S<!d for this home. \\ AlJDITION1\L .!!!:!L~ ..Mti 'l::C1<lSttllllVi'l'id&s '!his property is presently o...,ed, by CbtOl"lldO NittiOnal &nt<, , Glen""Od Springs and is under contract to the arplicants !>Obert an:l Gl.,.,aa Snith. A Drive....y and Ul:i1ity Ea""""'nt, will bP. ente.rel! in",?~l'1 the cUl"r"nt """e~ and Salvation Ditch O:>npony, a dr"ft ot, the I\3r"""""nt is attached as Exhibit "CO and incorpori'tedhereinallll it is ~leived that in substance it will be accepted hy the llal<,atlon Ditch CotlW"hy. A topographical map has been attache<i ~~~'\' thl!! !'i'J:lt'~ximate lot'ation of the property in relation to the City lOrd 'lb,""site of MpIm. Cblol".OOo NaHona1.&nT< wiit be "ubjeding thIs property to a restrictfv,~ O?V~ryan1; .~or driveway use and m.'Un!:'~~~ \ioft'~~hwill be, affective to d"al with all sitmUons of th.. shared use"'Je that will """ur bet""""n the """ers of l:JJt 3 and r..ot 5. S~Y Based on the foregoing theAppHc~ts sllbttits th'at the iht~ arv.J specificr""iew criteria of 8040 GreenHne l1""iewOn Lot 5 SUnny ParK lbt1:h SlIbdivisionhaiie been met and that it is awropdlltefor the Sniths to 00 pernlitted to construct the proposed single fanily h""", on the. property. Robert .and Gl..,~i' Snith by theil" I\ttorneys Wr!gnt , 'Schm.acher ' , bY:~-~, . ~~19ht 201 !>:lrth Mill Street, Suite 106 lIspen, O:>lorado 81611 en.9lIi~..h.app (303) 925-5625 2 ~I ~ 4tTJ,hl\l{>\+ C MEMORANDUM TO: steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department ~ Th.ru: 'J'aV"Hammi5n<f;'''''cltyc'WrtgIneer" -*' DATE: May 20, 1986 RE: Lots 3 and 5, Sunny Park North Subdivision- 8040 Greenline Review --_._-------------------------'.--~-_._-------------- The Engineering Department has recieved the additional documenta- tion that was requested April 19, 1986 and based on that informa- tion and the original application that was submitted, we can now make the following recommendations: 1) THe subsidence potential question was reviewed and a report was considered that was submitted by a geotechnical engineering firm, Western Engineering, Inc. of Grand Junction. Based on the conclusions of ,th.is report, we are satisfied that the proposed structures can be built without significant risk from subsidence. We will recomIllend, however, that based on the conclusions of this report, no structure be. built near the west boundary of lot 5 below the ditch pipeline unless'areportsubmitted by a register- ed P.E. in geote8~nical engineering can offer conclusive evidence that there will be no risk in doing so. 2) The question as to whether or not adequate foundations can be constructed for the structures was also reviewed. Based on the conclusions of the report by Western Engineering, we are satis- fied that they can be. We will recommend, based on the conclu- sions of this report, that site specific subsurface soil investi- gation be done, after the build.ing site has been prepared, to determine a more specific foundation design. 3) The information recieved on depth of excavation and placement of fill for these structures was reviewed and considered ade- quate. 4) The detailed information on revegetation for these develop- ments was reviewed and that submitted by lot 3 was considered adequate. We recommend that the plan submitted by lot 5 conform more to that submitted by lot 3 in the type of vegetation and procedure used in planting. j g/NSunPARK ~ n A t11f(h/J1{~1 P MEMORANDUM TO: FROM: Steve Burstein, Planning Office Jim Gibbard, Engineering Department~ Jay Hammond, City Engineer~ April 16, 1986 THRU: DATE: RE: Lots 3 and 5, Sunny Park North Subdivision - 8040 Greenline Review --------------------------------------------------------------- --------------------------------------------------------------- The application for the above parcels cannot be fully reviewed until additional documentation is submitted by the applicants. First of all, this documentation should include a more detailed architectual plan which would indicate the depth of excavation and any fill proposed on the sites. It should also include more detailed information concerning the revegetation of the disturbed areas to prevent possible erosion problems. Secondly, this documentation should include a report by a registered P.E. in geotechnical engin~eringwhich would indicate the feasib- ility of using the foundation walls for these structures as retaining walls for slope stability after excavation. This report would .als() addressth~ potential for ground instability by using results obtained from test hole drilling. The following information was' of concern in determining the above requi rements: 1. A geologie st ud:r recently dorie fOr the applicants by NicK Lampiris in which he suggests a drill hole to test for: under$r:o~~~" cavities be done by a soils engineer. 2. A 1983 report on an adjacent area done by then county engineer Pat Dobie and Lincoln DeVore geotechnical engineers in which they recommend "complete avoidance of this zone especially wi th any permanent structures." 3. A 1980 memo to the Planning Office by Jay Hammond in which he recommended denial of exemption from mandatory P.U.D. for lots 3 and 5 because of concern over reduced soil stability from cut and fill and over possible erosion problems due to removal of vegeta- tion. JG/co/SunnyPkGreenlineRev f1'l} Q (, JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 106 ASPEN. COLORADO 8161 , D m@ m D\'#[gn · It. 'U LAW OFFICES WRIGHT & SCHUMACHER .J' GARY A. WRIGHT B. LEE SCHUMACHER ALLEN H. ADGER DAVID l. MARSH TELEP , 25 19 May 1986 Steve Burstein Planning Office 130 South Galena Aspen, Colorado 81611 HAND DELIVERED Re: Siegel - Smith 8040 Greenline Review Sunny Park North Subdivision, Lots 3 and 5 Dear Steve: I am writing in response to your Memorandun of 14 May 1986 received several days later. 1 . Geotechnical study requirements have been completed for both lots together and will be delivered to you by Peter Dobrovolny. 2. ~e plans submitted to you for Smith dated 24 April 1986 inchrle a landscape and grading plan. I assume that this request applies primarily to Lot 3 because I am not certain \\bat you want more specifically. ~e plan indicates the use of ground cover and flowers as well as evergreen shrubs and shOW3 the intended use of railroad tie planters. We will promptly provide more information if you will be specifiy lilhat you need. 3. A visual impact analysis must be considered to balance two factors. ~e first consideration is to create a structure lilhose visual impact is mitigated. For both Applications it is believed that the overall design as well as the vegetation and planting will help the hones to appear minimally obtrusive visually. (Please see perspective view of the Smith house facing downtown Aspen page 1 of 5) ~is must be balanced with factor two, the impact and effect of excavation. Both homes have done an excellent job of balancing those two factors. Cbviously, the extreme with maximun excavation to produce a house that is substantially underground is unacceptable as a residence while a tall, boxy, brightly colored hone is equally unacceptable on the other extreme. I am confused about your questions regarding area and bulk requirement of R15 P.U.D. Zone District as the Municipal Oode of the City of Aspen, S24- 8.13 (Page 1497, Supplement 13) states: "In no event however a P.U.D. designation notwithstanding, shall compliance with this Article be required for the construction of a single family residence on a separate lot." r) ("') WRIGHT & SCHUMACHER steve Burstein 19 May 1986 Page two You have been supplied same photographs by Peter Dobrovolny at least one of mich locates both lots on the photogrClfh. !he 9niths are \rorking to get the requested super imposition. Although you are not requesting specific information as to 1 through 4 of your Memo I think it is very important to bring you up to date on 1 and 2 mich deal with easement and a trail. Peter Dobrovolny has contacted Craig Ward regarding the Nordic Trail System. It is not accurate to say the applicants have no intention to accanodate any trail through rots 3 and 5, how=ver it is their goal to use the existing Salvation Ditch Road for their driveway if the necessary legal hurdles can be traversed. We have been informed by Mr. Ward that he has sane concerns as to the feasability of creating a Pedestrian/Bicycle/Nordic Trail following the Salvation Ditch frcm the Aspen Club to the Hunter Creek Trail. Tb acquire such a trail requires each and every land owner mose property is crossed by the Salvation Ditch right-of-way to grant an easanent. We have been informed by Mr. Ward that he is meeting sane resistance in this concept. 'Ihe proposed omers (Smith and Siegel) of IDts 3 and 5 \rould certainly be open to consider other alignments for such. a trail. Gary Wright has met with the O:>unty Attorney, 'Ihcmas F. Smith, regarding the use of the Salvation Ditch Road to access these lots across property owned by pitkin O:>unty. A subsequent meeting is being scheduled with Gary Wright, Tan 9nith and a representative of the Housing Authority because pitkin O:>unty is currently the omer of rot 7. I am curious my this is being considered the "Siegel-Miller 8040 Greenline Ieview"? !he actual omer of rots 3 and 5 is O:>lorado National Bank, Glenwood Springs and Jack Kerr is handling the matters for the bank. !he prospective purchasers are: IDt 3 - Barry and Sharon Siegel; IDt 5 - Bob and Glenda 9nith. Gary Wright is \rorking with both prospective purchasers as attorney and Peter Dobrovolny is working with the Siegels in an architect and land use capacity. If you have any additional questions or I can provide additional information please to write or telephone. Sincerely, Wright & Schumacher bY:~ A. Wright Gl\.W/vs cc: Barry and Sharon Siegel Bob and Glenda 9nith Jack Kerr Peter Dobrovolny !hans F. 9nith, Esq. .~ ,..,: " i"'l ~~~~~!Pff~ 420 E, HOPKINS STREET ASPEN, COLORADO 81611 13031 925-5532 MEMORANDUM TO: STE',jE: BURSTEIN.. PL.ANNIi\!8 OFFICE FROi'f]: rlSST~ FIRE CHIEF~ nSPEN l,./lJLU!\lTEEf-=< FIRE DEPT RE: SIEGELlS[vJITH/COLO!~AD(j N~1T'} L B~)NKJ 8IZiiH21 GREENLINE REVIEW DATE:: iV1AV 28.. 1 '386 ================================================================ Orl !Yiay 2tS'! 1985~ Bari""'Y Sie!;lel t"'eoussted that; the Fire DeDi:'tr'tmeyyc do an onsight insoection of lots #3 & #5# in order to be able to cOfl1rne'l"lt Oi'"l YC1Ul'""' CCI"('lcer'('IS exoreE"~s(.?d i'('! your" 5/j.Lr/86 lettel'"~'" On lY!(~y 28, 1'386.. orf(? fi"j""e ofoficer ~(fld thlCe -fire-me'!"l \lisited.. it',1alked and cOfficletely insoscted the sight, may you note that we drove there frclfll 'the fir-'s bary! 11'"/ eYH::iYH?' ::s.six,:, our 'fir"'::i:,'l:; attack tr"'uck and one of our larcest vehicles~ We have the following comments: lu access to the lots in case of fire, either structual or wild fj,y"e is fi''''cml three {3) di'ffe'r"'eyd:; locatio)"'ls; 1'i1r.i\iY"i road~ d)'';'iveway (middl(-?) 2'(f'ld .che tp:1oey' .("'oad.. We dr...o....'e .eel each lc'C'aticl)"l~ backed uo and turned around in the truck. 2., Each tr"'Ucf..:. ciarries aOO.r'''c,ximatelv 121210 pallc'Y"15 of water -Fc,r aTl i.mmediate attack l>\!hile we ~n~e corry,eet;: 1)"10 to a hydt"'a"r'"d::. There is a hydr"al'Yt'; withi"fl e.;12j~ elf the J:n"cIPf?y..ty 1irle and has ve)....y easy access. I 0,"', celTIC': 1 tt 5. i Cl'r'"! : due to the close oroximitv to the fire deoartment giving a Quick response time~ a fire hydrant at such pet! .flt:.. al",d the th)....€~e Clf" fl'lOy"e d:i ff€~'r'''e'r'":t .attack oed. rd::s seem that this ~.lcdJJ.d be a verv easy J.ocat iO"f! i;o fipht a a!3p"r"'eciate YCIlXr"' CQ't.leerYr fell.... adeauate fj.'re orotectiOYI hapoy to be give the oCDortunity to visit the siphts ccn"lst ruct i OYL, a cle,se it kh:)uld fi.",'e. We arid we'-e Dt"'i ell'''' tel Hopefully tl1is ct"nswers aYIY ouesticl"(',s you rflay hatVf2 hG.id~ a'("IC~ if" we can be of~urther a5sistance~ olease do not hesitate to contact rilE. Si~~~~ Clifford Llttle "'Y?;i,"'V' ",::-.~...."' ,,-- A'0'!' (i MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE: Siegel-Smith 8040 Greenline Review DATE: May 30, 1986 ================================================================= ZONING: R-15 (PUD). LOCATION: Lots 3 and 5, Sunny Park North Subdivision, east side of Park Circle on Smuggler Mountain. Siegel - Lot 3 Smi th - Lot 5 Lot Size: 18,380 sq. ft. 15,858 sq. ft. Proposed House: 2,685 sq.. ft. 2,471 sq. ft. Garage: 724 sq. ft. 696 sq. ft. Shop/Garage: 984 sq. ft. Countable FAR 3,793 sq, ft. 2,567 sq. ft. (approx) Allowable FAR: 4,317 sq. ft. 4,136 sq. ft. APPLICANTS REQUEST: The owner of the two lots, Colorado National Bank, and the parties possessing contra.cts on the lots, ~1r. and Mrs. Barry Siegel (Lot 3) and 11r. and !Irs. Bob Smith (Lot 5) have submitted a joint application for permission to each build single family houses. Propose4 primary access to the houses is the covered Salvation Ditch as it extends south from the intersection with Smuggler Mountain Road at a higher alignment than Park Circle. The two separate requests are being handled in a single application to save the applicants expense and time. BACKGROUND: The Sunny Park North Subdivision was created through approval of the County Board of County Commissioners on November 1, 1965 and was annexed into the City through the Berumen Annexation on July 5,1966, APPLICABLE SECTION OF MUNICIPAL CODE: According to Section 24- 6.3 of the Municipal Code development within fifty (50) yards below the 8040 elevation is subject to special review by the Planning and Zoning Commission. In reviewing development plans, the Planning and Zoning Commission shall consider the follCMing review criteria: 1. Whether there exists sufficient ~later pressure and other utili ties to service the intended development; ~ ~' 1 r1 2. The existence of adequate roads to insure fire protection, snow removal and road maintenance; 3. The suitability of the site for development considering the slope, ground instability and possibility of mud fl~l, rock falls and avalanche dangers; 4. The affects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water pollution; 5. The possible effects on air quality in the area and city wide; 6. The design and location of any proposed structure, roads, driveways or trails and their compatibility with the terrain; 7. Whether proposed grading will resul t in the least disturbance to the terrain, vegetation and natural land features; 8. The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; tf- 9. The reduction of building height and bulk to maintain the open character of the mountain (Ord. No. ll-1975,@I) PROBLEM DISCUSSION: A. Referral Comments: 1. Engineering Department: In a memorandum from Jim Gibbard of the Engineering Department dated April 16, 1986 (attachment C) additional documentation of potential ground instability and slope stability in the form of a geotechnical engineering study ~las required prior to full Engineer Department review. One of the main concerns was the possibility of underground cavities due to mining that could cause subsidence under the proposed development sites. In a May 20, 1986 memorandum the Engineering Department (attachment D) reviE!llled the "Geographical and Geotechnical Subsidence Investigation for Lots 3 & 5, Sunny Park North Subdivision" prepared by ~'1esternEngineers, Inc. and made the following comments: a. The Engineering Department is satisfied that the proposed houses can be built without significant risk of subsidence. b. No structure should be built near the western boundary of Lot 5 unless a report submitted by a f:';, I) regi stered Professional Engineer in geotechnical engineering can off er conc1 us ive evidence that there will be no risk in doing so. c. Based on the conclusion of the Western Engineers Inc. report, the Engineering Department is satisfied that adequate foundations can be constructed. Site specific subsurface soil investigation should be done after the building site has been prepared to determine a more specific foundation design. d. The depth of proposed excavation and placement of fill for these structures is considered adequate. e. The detailed information on revegetation for Lot 3 was considered adequate. The type and procedure of revegetating Lot 5 should conform to that submitted f or Lot 3. 2. Nordic Council: In a letter from Craig Ward (attachment E) dated May 5, 1986 it is stated that the proposed developments appear to jeopardize the Master Plan trail alignment along the Salvation Ditch. Other options for automobile access to these lots should be explored. A pedestrian trail does not appear to be compatible with a private driveway, especially when the houses for both lots are so close to the trail. 3. County Planning Engineer: In a memorandum from Tom Newland, Pitkin County Planning Engineer (attachment F) dated May 15, 1986 the following comments are made: a. The use of the Salvation Ditch for vehicular access to Lots 3 and 5 as it crosses the Molly Gibson Park conflicts with the intended Pitkin County trail system alignment. b. The proposed access along the Salvation Ditch conflicts with the 1979 Aspen/Pitkin County Trails Master Plan proposed trail al ignment and jeopardize a critical northern link. No alternative alignment was proposed by the applicant. c. This trail has become a real ity from Hunter Creek to the applicants' property. 4, Water Department: In a memorandum from dated April 14, 1986 (attachment G) comments were made: Jim ~larkalunas the following a. For both Lots 3 and 5, the owners will be responsible for the water line from the point of attachment at the water main in Park Circle, meters must be located at or near the property line, and the r'1 r) water line should be sleeved \~here it passes under the Salvation Ditch, b. Water pressure should be adequate for residential purposes, however the pressure cannot be guaranteed at 40 psi becuase of other influences such as house plumbing and service line friction losses, 5. Sanitation District: single family homes can dated District. 6. Fire Marshall: Jim Wilson stated in a May 29, 1986 memorandum that the Fire District access and hydrants (one is located in Park Circle) are in conformance with local fire codes. The lots are located in a 101'1 wildfire hazard area, so no additional fire precaution w ill be necei;sary. Heiko Kuhn stated the proposed be served Py the Aspen Consoli- B. Staff Comments: The Planning Office has the following comments regarding the two development proposals. 1. Environmental Suitability: a. Subsidence and Slope Stability: The Engineering Department is satisfied that the proposed structure can be buil t without significant risk of subsidence due to mine cavities. It is still ncessary to undertake site specific subsurface soil investigation at the time of foundation excavation so to design the foundation to act as retaining walls on the upper parts of the houses. b. Excavation and Regrading: The proposed development plans for both Lots 3 and 5 call for excavation of basements and back rooms of the house, stepped into the hillside. The Smiths estimated that approximately 185 cubic yards of dirt will be moved on Lot 5, while no estimate was given ~ the Siegels. The Siegel excavation appears to be somewhat smaller, as the building site is on a larger bench. The Smiths propose to use all the excavated dirt on the site creating berms and leveling areas. We feel that this proposal results in a significant disturbance of the terrain, contrary to the intention of review criteria (7) of Section 24-6.2. The Siegel s proposal resul ts in mi nimal regrading of the lot surrounding the house and garage shops and appears to be more compatible with the existing terrain. They will need to move the excavated ~ o dirt of the site to a suitable location, and this matter should be arranged prior to the issuance of a building permit to the satisfaction of the Engineering Department. c. Revegetation and Landscaping: The Siegels have presented a plan to provide a native appearance of the revegetated areas surrounding the structures. Given the steep hillside (up to 50% grades), potential erosion, existing natural appearance of Smuggler Mountain, and the visibility of the site, we feel this is an essential component of the Lot 3 proposal. The general approach is highly appropriate and should be closely followed by the applicants to ensure success. There should be some decidious trees planted downhill of the house similar in nature to the present trees lining the Salvation Ditch. The Smith's plan calls for rail tie walls, some twenty-one evergreen trees, and el even de ci duous trees. No mention is made of native grasses. This plan does not mitigate the impacts of site disturbance as well as is possible. . We agree with the Engineering Department that the type and procedure of revegetati ng Lot 5 shoul d conf orm to that submitted for Lot 3. d. Other Environmental Concerns: There appear to be no significant wildlife, wildfire, or avalanche hazards on Sunny Park North Lots 3 and 5. 2. Visual Impacts: Criteria (8) and (9) of Section 24-6.2 encourage techniques "to preserve the mountain as a scenic resource" and "reduction of building height and bulk to maintain the open character of the mountain". While the proposed houses are quite large it should be noted that they are less than the maximum allowable FAR (see chart on page 1). Reduction in size may be necessary to mitigate visual impacts. Nei ther house substantially steps back along the hillside nor has roof lines that approximate the slope of the hillside. We believe that if either house is allowed, the predominant roof line which is visible from the Park Circle area downhill should more closely resemble the hillside slope. In addition, roofs should be earth tone to better blend with the hillsides as is represented in the Siegel application. Building materials should be natural materials. Both structures are very close to the 25 ,foot height restriction. The Smith's structure would rise to approximately the 8050 elevation while the Siegel ~ residence would rise to approximately the 8038 elevation. The Siegels submitted a perspective study to show the structure from different vie~lplanes. The structure will be most visible from the Park Circle and Smuggler neighborhoods and somewhat visible from a few spots in the center of town as well as on Red and Aspen ~lountains. Even though the two immediate neighborhoods contain a variety of newer architectural styles which are not particularly sensitive to reduce visual impacts, we feel that these proposed houses have greater impact as they are on the edge of the open mountain terrain. The steep slope backdrop gives greater visibility to the house. 3. Vehicular and Trial Easement Conflicts: The applicants propose to use the Salvation Ditch for vehicular easement to their properties. Both propose two car garages off the Salvation Ditch. In the Aspen Comprehen- sive Plan: Park/Recreation/Open Space/Trails Element (July, 1985) adopted by both the City and County a long-term priority "Pedestrian/Bicycle/Nordic trail following Salvation Ditch from the Aspen Club to Hunter Creek tract.. As noted bY the Nordic Council and the County Planning Engineer, there appears to be an inherent conflict between the dr iveway proposal and trail plans. The trail has already been installed by virtue of considerable effort through Centennial and a portion of the r'lolly Gibson Park. This trail would make for a loop to the north and east that is easily accessi ble to dense adjacent nei ghborhoods. The trail has been a major priority of both the City and County and appears to be feasible even if it may take some time to acquire easements east of Lots 3 and 5. Furthermore, a major segment of the Salvation Ditch passes through the County (Molly Gibson Park) and the County is committed to accommodating the trail while being asked to give a driveway easement for uses of Lots 3 and 5. From prel iminary investigation the Salvation Ditch alignment works the best for the trail and realigning up the hillside creates problems of access and snow removal thatw ill sever ely compromi se the trail. The PI anning Off ice bel ieves that al terna tive arrangements should be made on Lots 3 and 5 to allow for the trail to be located on the Salvation Ditch. The Siegels propose a garage off Park Circle and a walk up trail to the house uphill from the di tch. This type .of configuration has been effectively used in Snowmails Village, and should suffice without use of the Salvation Ditch on Lot 3. A short term construction easement on (/"'\ '" the ditch would be necessary. Lot 5 is virtually inaccessible from Park Circle, however, it is accessible from the access road off Smuggler Mountain Road that will serve Lot 7. Further- more, there is a bench at that elevation approximately large enough for a single family house. Building there should cause little or no hillside disturbance and reduced, visual impact. The geotechnical study indicates this area is buildable with regard to subsidence potential. Waster can be provided there, al though a fire hydrant and pump system may be necessary (for both Lots 5 and 7). We believe that a building envelope should be delineated for Lot 5 on the bench. Variance for setbacks or possibly a lot line adj ustment that would trade the Salvation Ditch area for more County (or BLM) land on the bench may be required. This site has more useable level area and better views than the proposed site in Lot 5. The major disadvantage is the winter access up Smuggler Road, although the County has agreed to maintain the road up to the access road for Lot 7 ofsuririy Paik North Subdivision. RECOMMEliIDATIONS: The Planning Office recommends the Planning Commission approve the 8040 Greenline Review of the Siegel Residence on Lot 3, Sunny Park North Subdivision, subject to the following conditions: 1. A site specific .subsurface soil investigation shall be done by a qualified geotechnical engineer after the building site has been prepared to determine the specific foundation design. The investigation results and design shall be submitted to the Engi neering Department and B uildi ng Department prior to pouring the foundation. 2. Revegetation shall include the type of plantings and procedure of revegetating as represented in the application. Ten (10) addi tional deciduous trees shall be planted east of the house similar in nature to the present trees lining the Salvation Ditch. Revegetation shall be accomplished by no later than May 1987. Any change in the revegetation scheme shall be processed through an application to the Planning Office, and if it is determined to be significant, shall be processed as an amendment to the 8040 Greenl ine Review approval. 3. Water meters shall be located at or near the property line and the water line shall be sleeved where is passes under the Salvation Ditch, to the satisfaction of the Water Department. 4. All utilities shall be undergrounded. f""\ 5. Removal of excavation dirt shall be arranged to the satis- faction of the Building Department prior to issuance of building permit. 6. A temporary construction access easement shall be obtained from the County, City and Lot 5 for building of the house prior to issuance of a building permit and to the satisfaction of the Ci ty Attor ney. 7. The garage in the house shall be deleted from the design and the predominant roof line of the house, as it is visible to the downhill area of Park Circle, shall more closely approx- imate the hillside slope. Natural building materials and the roof shall be earthtoned, as represented in the applica- tion. The structure shall be located so as not to conflict with the Salvation Ditch Trail. The redesign of the structures shall be submitted to the satisfaction of the Planning Commission prior to issuance of building permit, 8. The applicant shall dedicate trail easements along the Salvation Ditch through his property. Such easements shall be submitted to the satisfaction of the City Attorney prior to the issuance of a Certificate of Occupancy. The Planning Office recommends tabling the 8040 Greenline Review proposal for Lot 5, Sunny Park North Subdivision until the applicant can investigate the possibility of siting his house on the bench to the northeast of the property, Access, building envelope, revegetation, water pressure, fire protection, suitable architectural design arid building materials and possible need for variances are all areas that shall be adequately addressed by the applicant and reviewed by the staff prior to further hearing by the Planning Commission of the Smith 8040 Greenline Review. SB.530 MEMORANDUM TO: FROM: Aspen Planning and Zoning Commission Steve Burstein, planning Office RE: Siegel-Smith 8040 Greenline Review August 5, 1986 DATE: ================================================================= ZONING: R-15 (PUD) . LOCATION: Lots 3 and 5, Sunny Park North Subdivision, east side of Park Circle on Smuggler Ho untain. Siegel - Lot 3 Smith - Lot 5 Lot Size: 18,380 sq. ft. 15,858 sq. ft. Proposed House: 2,685 sq. ft. 2,471 sq. ft. Garage: 724 sq. ft. 696 sq. ft. Shop/Garage: 984 sq. ft. Countable FAR 3,793 sq. ft. 2,567 sq. ft. (approx. ) Allowabl e FAR: 4,317 sq. ft. 4,136 sq. ft. APPLI~NTS REQUEST: The owner of the two lots, Colorado National Bank, and the parties possess,ing contra.cts on the lots, Mr. and Mrs.. Barry Siegel (Lot 3) and Mr. and Mrs. Bob Smith (Lot 5) have submitted a joint application for permission to each build single family houses. Proposed access in the amended application is a driveway extending from Park Circle across the hillside to building sites above the Salvation Ditch. The two separate requests are being handled in a single application to save the applicants expense and time. BACKGROUND: The Sunny Park North Subdivision was created through approval of the County Board of County Commissioners on November 1,1965 and was annexed into the City through the Berumen Annexation on July 5, 1966. P&Z tabled action on the Smith-Siegel application on June 3, 1986 based on concerns with access to the proposed houses, site considerations and visual impacts. Subsequently, the Housing Authority worked with the Planning Office and applicants to reconfigure Sunny Park North Lots 3, 5 and 7 as well as to create 3 other lots to be accessed off Smuggler Hountain Road higher up the mountain. This new subdivision would have allowed for building sites to be placed on a higher bench rather than on the 1 f1""", hillside. On July 21 the Board of County Commissioners rejected the concept of Smuggl er Heights. The Siegels and Smiths submitted the amended driveway access proposal on July 14, 1986 which is being reviewed by the P&Z tonight. APPLICABLE SEC'l'ION OF MUNICIPAL CODE: According to Section 24- 6.3 of the Municipal Code development within fifty (50) yards below the 8040 elevation is subj ect to special review by the Planning and Zoning Commission. In reviewing development plans, the Planning and Zoning Commission shall consider the following review cri teria: 1. Whether there exists sufficient water pressure and other utili ties to service the intendeddeveloJ?1l1ent; 2. The existence of adequate roads to insure fire protection, snow removal and road maintenance; 3. The suitability of the site for development considering the slope, ground instability and possibility of mud flow, rock falls and avalanche dangers; 4. The affects of the development on the natural watershed, runoff, drainage, soil erosion and consequent effects on water fOllution; 5. The possible effects on air quality in the area and city wide; 6. The design and location of any proposed structure, roads, driveways or trails and their compatibility with the terrain; 7. Whether proposed grading will result in the least disturbance to the terrain, vegetation and natural land features; 8. The placement and clustering of structures so as to minimize roads, cutting and grading, and increase the open space and preserve the mountain as a scenic resource; 9. The reduction of building height and bulk to maintain the open character of the mountain (Ord. No. 11-1975,@1) PROBLEM DISCUSSION: A. Referral Comments: 1. Engineering Department: The Engineering Department commented on the new access design in a memorandum dated JUly 26, 1986 in which the following issues were 2 mentioned: a. A geo-technical engineering study prepared by a registered p. E., should be undertaken for the design of adequate retaining structures associated with the driveway. The steep slope on the upper 100 feet of the driveway is of particular concern. b. Revegetation of the road cut and fill should confo rm to plans submi tted for the Lot 3 si te. c. The applicant should comply with any recommendation made by Fire Marshall Jim Wilson. In a memorandum from Jim Gibbard of the Engineering Department da ted Apr il 16, 1986 (a ttachment C) addi tional documentation of potential ground instability and slope stability in the form of a geotechnical engineering study was required prior to full Engineering Department review. One of the main concerns. was the possibility of underground cavities due to mining that could cause subsidence under the proposed development sites. In a May 20, 1986 memorandum the Engineering Department (attachment D) reviewed the "Geographical and Geotechnical Subsidence Investigation for Lots 3 & 5, Sunny Park North Subdivi.sion" prepared by Western Engineers, Inc. and made the following comments: a. The Engineering Department is satisfied that the proposed houses can be built without significant risk of subsidence. b. No structure should be built near the western boundary of Lot 5 unless a report submi tted by a registered Professional Engineer in geotechnical engineering can offer conclusive evidence that there will be no risk in doing so., c. Based on the conclusion of the Western Engineers Inc. report, the Engineering Department is satisfied that adequate foundations can be constructed. Site specific subsurface soil investigation should be done after the building site has been prepared to determine a more specific foundation design. d. The depth of proposed excavation and placement of fill for these structures is considered adequate. e. The detailed information on revegetation for Lot 3 was considered adequate. The type and procedure of revegetating Lot 5 should conform to that submitted 3 ~ for Lot 3. 2. Nordic Council: In a letter from Craig Ward (attachment E) dated May 5, 1986 it is stated that the proposed developments appear to jeopardize the Master Plan trail alignment along the Salvation Ditch. Other options for automobile access to these lots should be explored. A pedestrian trail does not appear to be compatible with a private driveway, especially when the houses for both lots are so close to the trail. 3. County Planning Engineer: In a memorandum from Tom Newland, Pitkin County Planning Engineer (attachment F) dated May 15, 1986 the following comments are made: a. The use of the Salvation Ditch for vehicular access to Lots 3 and 5 as it crosses the Molly Gibson Park conflicts with the intended Pitkin Co unty trail system alignment. b. The proposed access along the Salvation Ditch confl icts,w ith th e 1979 Aspen/Pitkin County Trails Master Plan proposed trail alignment and jeopardize a cri tical northern link. c. This trail has be<X)me a reality from Hunter Creek to the applicants' property. 4. Water Department: In a memorandum from dated April 14, 1986 (attachment G) comments were made: Jim Markal unas the fOllowing a. For both Lots 3 and 5, th e owners w ill be responsibl e for the water line from the point of attachment at the water main in Park Circl e, meters must be located at or near the property line, and the water line should be sleeved where it passes under the Salvation Ditch. b. Water pressure should be adequate for residential purposes, however the pressure cannot be guaranteed at 40 because of other influences such as house plumbing and service line friction losses. 5. Sanitation District: Heiko Kuhn sta.ted the proposed single family homes can be served by the Aspen Consoli- dated District. 6. Fire Marshall: Jim Wilson stated in a ~1ay 29, 1986 memorandum that the Fire District access and hydrants (one is located in Park Circle) are in conformance with local fire codes. The lots are located in a low 4 f!"'\ ~ wildfire hazard area, so no additional fire precaution will be necessary. B. Staff Comments: The Planning Office has the following comments regarding the proposed access, site plans, and building designs for the two proposed residences: 1. Driveway Access: The proposed driveway would cut into the existing hillside, then follow, for part of the way, an old largely revegetated cut along the hillside, and finally, switchback onto the Salvation Ditch alignment. The Engineering Department raised a serious concern that retaining structures may be needed for a considerably long distance of the hillside traverse where the hill is presently very steep. It appears questionable that the proposed boulder piles would be adequate for retaining the driveway. We feel that this proposal is unacceptable because of the cuts and fills necessary, the need for extensive retaining structures, environmental disturbance (including removal of several cottonwood and aspen trees, as well as possibly undermining the roots of an evergreen), and visual impacts from Park Circl e and the Smuggl er neighborhood. Greenline review criteria 6 and 7, compatibility of the terrain and minimal disturbance of the terrain respectively, IVould not be met inour opinion. The Planning Office supports in concept the alternative proposal stated in Mr. Ilobrovolny I s letter of July 24, 1986 to provide driveway access along the Salvation Ditch and a trail easement parallel to the Ditch. Given that the Smuggler Heights Subdivision proposal is dead without County participation, it appears that this arrangement is the best alternative sol ution for all parties involved. The Planning Office has begun to work with the applicants and the County to arrange for a driveway easement through the County-owned Molly Gibson Park and a trail easement through Lots 3 and 5. We believe that this approach will both meet the access needs of the applicants and the trail needs of the communi ty IVithout raising the spectre of whether the Planning Commission can require the trail to be accom- modated through the 8040 process. 2. Visual Impacts: Criteria (8) and (9) of Section 24-6.2 encourage techniques "to preserve the mountain as a scenic resource" and "r~duction of building height and bulk to maintain the open character of the mountain". While the proposed houses are quite large it should be noted that they are less than the maximum allowable FAR (see 5 r'\ chart on page 1). Neither house substantially steps back along the hillside nor has roof lines that approximate the slope of the hillside. We believe that the predominant roof lines which are visible from the Park Circle area downhill should more closely resemble the hillside slope. In addi tion, roofs should be earth tone to better bl end with the hillsides as is represented in the Siegel application. Building materials should be natural materials. Both structures are very close to the 25 foot height restriction. The Smi th' s structure wo uld ri se to approximately the 8050 elevation while the Siegel residence would rise to approximately the 8038 elevation. The Siegels submitted a perspective study tq show the structure from different viewplanes. The structure will be most visible from the Park Circl.e and Smuggler neighborhoods and somewhat visible from a few spots in the center of town as well as on Red and Aspen Mountains. Even though the two immediate neighborhoods contain a variety of newer architectural styles which are not particularly sensitive to reduce visual impacts, we feel that these proposed houses have greater impact as they are on the edge of the open mountain terrain. The steep slope backdrops give greater visibility to the ho uses. In Mr. Dobrovolny's July 24,1986 letter, three principal arguments are. given in favor of the Siegel ho use design: (1) spatial needs of the Siegels, (2) solar access and (3) snow fall and meltage. While we certainly respect the spatial needs of the Siegels, it appears that criteria (9) of the Greenline Review, "the reduction of building height and bulk to maintain the open character of the mountain", may require some reorgani- zation of architectural elements so to better conform to the character of'this site and surrounding hillside. Placing the principle gable (facing west) out from the angle of the slope wi th a height to the ridge 0 f 30 feet above the bottom grade (on the Salvation Ditch) does not appear to be in keeping wi th character of the mountain. Transparency for passive solar access on the south elevation would not need to be reduced by following the "step back" design concept we suggest. With regard to snow fall, minor roofs might be used to direct snow fall away from the garage entrance. In the prior. Planning Office review (May 30, 1986 memorandum) it was suggested that the proposed Smith 6 ~. ('., house be sited within a delineated building envelope on the top bench of tot 5. This part of the lot still appears to be the best building site because of its low visibility anq flat grade. However, given the diffi- culties in securing access, utilities and possibly variances in setbacks without the participation of the County in the proposed Smuggler Heights reoonfiguration of lots, the Planning Office concludes that the building site proposed by the Smiths on the hillside is the most workable alternative. Breaking up massing and bringing the predominant roofline. to approximate the slope of the hill becomes a very important design modification to make the Smith house more compatible with the existing terrain. 3. Revegatation and Landscaping: The Siegels have presented a plan to provide a native appearance of the revegetated areas surrounding the structures. Given the steep hillside (up to 50% grades), potential erosion, existing natural appearance of Smuggler Mountain, and the visibility of the site, we feel this is an essential oompo nent of th e Lot 3 pro po sal. ,The gener al approa ch is highly appropriate and should be closely followed by the applicants to ensure success. There should be some decidious trees planted downhill of the house similar in na ture to th e present tr ees 1 ining the Sal vation Di tch. The Smith's plan calls for rail tie walls, some twenty- one evergreen trees, and eleven deciduous trees. No mention is made of na tive grasses. This plah does not mitigate the impacts of site disturbance as well as is possible. We agree with the Engineering Department that the type and procedure of revegetating Lot 5 should conform to that submi tted for Lot 3. RECOMMEND!\.TIONS: The Planning Office reoommends that the Planning Commission grant the 8040 Greenline Review of the Siegel and Smith Residences on Lots 3 & 5, Sunny Park North Subdivision, subj ect to the following conditions: 1. A site specific subsurface soil investigation shall be done by a qualified geotechnical engineer after the building sites have been pr epared to determine, specif ic foundation design. The investigation results and designs shan be submitted to the Engineering Department and Eluilding Department prior to pouring the foundation. 2. Revegetation shall include the type of plantings and procedure of revegetating as represented in the Siegel application. t I. Revegetation shall be accomplished by no later than ~OC ~lUr 1987. A new revegetation scheme shall be submitted for the 7 t""\ ~ Smith site; Lot 3, to the satisfaction of the Planning Office prior to issuance of a building permit. Any changes in the revegeta tion schemes shall be processed through an appl ication to the Planning Office, and if they are determined to be signif icant, shall be processed as an amendment to th e 8040 Greenline Review approval. 3. Water meters shall be located at or near the property line and the water line shall be sl.eeved where is passes under the Salvation Ditch, to the satisfaction of the Water Department. 4. All util ities shall be undergrounded. 5. The predominant roof lines of the houses, as visible to the downhill area of Park Circle, shall more closely a.pprox- imate the hillside slope. Natural building materials and roofs shall be earthtoned, as represented in the applica- tions. The redesign of the structures shall be submitted to the satisfaction of the planning Office prior to issuance of building permit. 6. Access to the property shall be along the Salvation Ditch through Molly Gibson Park. Access easements obtained from Pitkin County shall be submitted to the satisfaction of the City Attorney prior to the issuance of a Building permit. SB.,530 8 .- 'r"~ lo ~J- t""'\ f\ , CIT~~~~ii" . 130,sout :. ," '" ." reet ;:':!.l;:~:~~:<;t~>"tft~:'~01tJ,~,~;,i~F?[:1,'10": '," asp e'n':co 10 t,~HI-ou;;81611 ,'" ':':C~(~:'i/:: ,:::'.i::,\ .j,~:~Vf."~\:- 303 E92'S:;2l) 20 MEMORANDUM DATE: August 28, 1986 TO: Building Department FROM: City Attorney' RE: Trail Easement - Sunny Park North Subdivision , Attached for your information please find a copy of an Agreement to Grant Nordic Trail Easement for sunny Park North Subdivision. Please be advised that no c/o should be issued until a site specific easement is granted, PJT/mc Attachment cc: Engineering Department 1'pIa-nnIiiij'"6:f:i:icEf city Clerk (w/ original easement) ~ ~ ,.,.,!if' ...;~ .~ n AGRE&-IENT 'It) GRANT NORDIC TRAILEASE11ENT Made and entered into this /t/J", day of August 1986 by Barry and Sharcn Siegel as owners of Lot 3, Sunny Park North Subdivision and Robert and Glenda Smith as owners of Lot 5, Sunny Park North Subdivision, City of Aspen, pitkin County, Colorado. This Agreement is given for the use and benefit of the City of Aspen. NCW THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby admitted and acknowledged the owners of Lot 3 and Lot 5 hereby covenant and agree to and with the City of Aspen that they shall and will execute a Easement Agreement with the City of Aspen which will cause and effect a ten foot wide Nordic Trail as set forth in the July 1985 Aspen Area Comprehensive Plan: Parks/Recreation/Open Space!Trail Element. The owners of Lot 3 and Lot 5 shall give a good and sufficient easement, ten feet wide, in perpetuity over their lots, running more or less adjacent to'the Salvation Ditch Road as is now in place. 'vi: WITNESS WHEREOF, the parties have set their hands and seal this ,Jj day of August, 1986. dl;r/~Gh~;it · ;J ;3;ar ' Siegel , , /", ~y Sl~~'-c ,-/ ( /J ,'~:J/ Robert Smith ~I d '/ /' ' .'V,.<-G:~ -dAJi--c,;t ." Glenda Smith State of Colorado ) )ss, County of pitkin ) The foregoing was acknowledged before me this /1-/11] day of August 1986 by Sharcn Siegel and Barry Siegel. Witness my hand and official seal, 'Mycomnission expires: F'-' /3, /qf7 .,My,adpress is:01.c' / '7), YYJ-<-.L/S L P/"'C- ,'J" ",/"" r-J"" 11A...... c.. 1" (.. " (~\W~4.x., '~ -- -7~--.J ' '(':i> ~ "'... " ~,;,.-t ~-. ~f~ r;; I.ur;.~\~' " ,'-IV' \''':'- ~ . - -"! '?), State of" Colorado ...::/ / .;:"'.- :,,' N~~i~--Lv,jd6 - ) )ss. County of pitkin ) The foregoing was aCknowledged before me this di:b day of August 1986 by Robert Smith and Glenda Smith. Witness my hand and official seal, My comnission expires :~...I 13. ,I q .f'} My address is:~CI7),~.e/.>/ ""'/<'.? /?.-f " ,__ //.... ,""') ~ J , / ~. /, / / BANNER Apr'i 1 .1.., l'-lfj!, PE)ter~ DO[')y""c)vol ny P.. D. BD'" c'AO Snawmass, CO. 81654 RE: Lot 5, Sunny Pa~~~ Nofth Subdivision Dear Mf"~ Dobrovolny: I h.ave:~ complet.ed m')l geologic it1V'est.ig~:ttion of ',th'e abovf.~ f"E\'fer.erH::\!;':Ic.1 lot nE"lE\I"'SfTluggJ.t~~r Mountain, f-fSp'en, r':;oJ.t1riad(J~ Thj.s l~s~.; t.han one hE.d+ aC:I--,E~ lot lies above F'21/....k Circle, roughly be'twebn the Park Circle Condominiums to the west~ and th~ Mollie Gibson Shaft to the northeast. The Salvation 6itch Pipeline runs ap~roximately no~th/south through the lot as shown oM the accpmpanyi~g~ map. The site slopes fram gently to steeply west, and is cover~d with sagebrush and ottler dryland shrubbery and grasses. Large bou],ders, mostly granitic, ar-e $r:att~r~d ab01Jt the site. The bur'j,ed Salvation Ditch F'ipeline is overlain by an access ~oad throlAgh the propertYM The~e is 2 fairly flat b'2"ch '-',coa,":. th,-,' centm" o'f 1::.h", PI"'OPC",.'ty '"hich jc; con",i,d.,,"ed tD be the bUlidlng envelop2w rh15 prorerty l~es along a mInor ro.i.d<;;}F2 CDnnE~c::tE:'d to thc::? m,::~:i,n bDdy Df Smu(.Jqler i"!CJuntai.ri to t.he east. They's is a depression behind tills ridge which collects and contains ~tanding water" The geology o.f the sitp consists of a fairly thick seqlAsnce of glacial mo~aine mater'ial (QIJIC) o.f the third valley glacier which moved dDwn tt,p Roaring Fork Valley in Quaternary tim8. This material consi~ts of'unstratified and unsorted clays, silts, sand5~ cobbles and boulders" WithOtJt a drill hole, it is impossible to predict which b~drock unit und~rlies this Site, but it appears that it cOLilci be any unit between the Perniian age Beldon S~lale~ and the Precambrian age quar'tz nlor'zonit~~ There are fault traces rlJnl,ing ,From northeast to S-i-Outl"H....n.::-st i!i 't.hi~5- pCH-ti njl of (.~~~)pE.)r'l, bU.t because of the surficial cov~r of g],acial deposits, their exact position and numbf:!lr 2:'1:Y"€~, unkntH~Jn~ In ,:-:\nyt:.:;:.vent, thf.!!'"'e i~; nD ev:i r.:Ience of Neogene (recent) fnovement on these fault~. BANNER ASSOCIATES, INC, CONSULTING ENGINEERS & ARCHITECTS SUITE 6, 605 EAST MAIN ASPEN, COLORADO 81611 . (303) 925-5857 BANNER ASSOCIATES. INC, CONSULTING ENGINEERS & ARCHITECTS 2777 CROSSROADS BOULEVARD GRAND JUNCTION, CO 81506. (3031 243-2242 BANNER L,ot 5, Sl(rlrlY Par.k Nor'th Subc1ivision {.)pr.il 1, :\.9f:11'~1 r::'<::"GF:: T~~JO There are a n\"tmber of mine shafts on the hillside above the ~~j.-!:.'.t?:: v'$hich fi.~nt:(~r'. th\~~ Smuq(JIG~r Mouni.':,.3in mi.ninfJ complp}-:. Th(:::, nE't.~""clrk o-~: tlJnnels i.:,s kncn~Jn to p;::~Sf.~~ untiel'" t.hc:? TONn of Aspen and connect with the Aspen Mountain mining aFea. The tunnels berleath the city are -Full of w~te~. There is no evidence o.f mirling activity flear Lot 3~ but the~e are certainl~ tlJnnels bel(Jw the pr'operty wittlin the bedrock llr,its. I do not expect a sub5ide~ce p~oblem, bt,lt 'to be ('1'H;:n'..(,:~ CE'::.'Ir-ti::\i n, I SUI;.H:.Jf,:!~;tt,h'3t., cl!...u"'i rH:,:j the ~~;:j. te 5peci.f i c ~;Di,1~; i,r1v25t{gatior1 for fOIJ!ldatiorl ds%igi1, or1e deep hole (dept~) ,to be: c!c0cic!ec! .by t~hE~ s\:)il~; f:~ngirlef:,'~r') he"! dr-.tllc-::!'d at t.hE~ h()mG:5it.\~;.) to test 'For any cavil:je~5 in the material ben~ath the siten The hi 11 ~::-:i. (::]e ~:ihrJt~J3no E:,vi clt-;:or~lct?,~ (jf :i. r"1<.?,t.'f:\b i 1 i t. 'y' '! but t:hE~~ie €:U*'f? lJnconsolidatecJ deposits so that surface and subsur.face waters SllOllld be diverted arour,d the home anci undue wetting of t~)P soils through faulty i~rigaticn practic:es sho!Jld be avoided~ The Salvation Ditch Pipeline is topographically below the site and therefore should not adversely affett the proposed hDtnE:\" The -:~;oi]' 5 (~~rJqJ. nerr-n,... 5houl d pr*ovi de you f.....ecommendii:I.t:.,t ons _;::tnd de-:.signs for'" '(~.h€:"! i::1.dvi3f:,;;~ci ci!""ain{:\qt:::~~;~ Cll". OUf'" -firm (.:'.::1.n dE~si.gn the dr'ainages fc)~ you~ Domestic0ater 'and waste disposal will he ~rovided by' the '-own of Aspen. Access to the site may Meed to be improved, but is 01ready available" l'here is a supplementary report p!''"F'p,::;l./"''E:~d foro, r'::':i t.:ki n COl...tnt.y ~"Jhi C:t1 .::':i.clcl~"es~5es the 5ub~:;;i cL::!nc.::e pl....oblr.:fTl jU-:::i-t f")O!,-tl''"1 of th.i.~3 siten -rhi'?:; Y"e~1or..t sht.:)ulcl also he referred to the soils engineer. 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"- "'\ ........,~ -..." ~ '\.., ""\. "\. ~ ~'"", "'\"", ." ",-' ~ ~ '. ''-. , ~" ,"" '"', "'- "" .-:~ '. .......... -....;,.. , '~ "" /---::.--' ! "" I '1, ,~' !.' -.,........, '--I '""- "- ~ '~ I " I , . ----... ()~.. ,. " '-, "" ----... ' ' 2;;n "":;? '-.-." ----- --'" " '" '. '., I I ~ '.....,"'. \J) i' ,0 t) - ,- '''-. t,'Q " ' :i' ",! " I 9 (.<" " "...., , 't:?:x i ," )", ""9 S ! ('''<;;","1 ~"".,' ..'. "-" ~ 'M \ , , I' '" "-" Q ..........0 . ; ""''"' '''-', / :;; j ',,-, '-' "d/'I ','. ~' "" ~ , " ~ , () - JJ~OI ~,"" .. "~'?\ y -~ '" '. \ ?/Q... , {;' I '-- -' I \ '~ '-':'~::\ " '\., '~ N' "~ r ~, ,...j", "\ o " 1- , " ,~ ------ ----...' ---- ~ , -.,., ......... ;" , ""~- '0 ,{" , \;, ,~l \ \ "\ 011 ..." ('" , ' ~~~".,~'\\ '- ' 0{Q .::.x.... ., !." r--, !"'\ ./ PEN ~ 130 asp reet 611 MEMORANDUM To; Planning Office Fr: Attorney's Office Re: Siegel and Smith Easement Date: November 6, 1986 Enclosed is a draft of the Siegel/Smith easement. In order to complete Exhibit "A" I need a plat of the area depicting the easement. Is this something you can help me with? Any further comments would be appreciated. * 1'1 ."") TRAIL EASEMENT AND RIGHT-OF-WAY THIS GRANT OF EASEMENT, made and entered into this day of , 1986, by SHARON AND BARRY,SIEGEL, as owner ~o___f Lot 3, Sunny Park North Subdivision, City of Aspen, and GLENDA AND ROBERT SMITH, as owners of Lot 5, Sunny Park North Subdivision, city of Aspen, Pitkin County, Colorado (hereafter .,,,,,>~ referred to as "Grantors" and THE cm OF AsPEN, a home rule municipal corporation, Pitkin County, Colorado (hereafter "Grantee"). WIT N E SSE T H WHEREAS, Grantors are the owners of certain real property " being part of Lots 3 and 5, Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian in the city of Aspen, Pitkin County, Colorado, and; WHEREAS, the Grantors are desirous of conveying to Grantee a perpetual and non-exclusive trail easement and right-of-way over and across that part of said real property described below under certain terms and conditions hereafter enumerated, and; WHEREAS, the Grantee is desirous of accepting said easement and right-of-way under the terms, conditions and agreements hereby specified; NOW THEREFORE, in consideration of the waiver of Park Dedication Fees pursuant to the Aspen Municipal Code, and other good and valuable consideration, the receipt and sufficiency of ~ -r; f1- which is hereby acknowledged, it is agreed as follows: L DESCRIPTION Grantors hereby grant and convey to Grantee, its successors and assigns forever, the following described p~rpetual and non- exclusive trail easement and trail right-of-way located ten feet in width located on the West side of the center line of the ditch and pipeline as now constructed in place, and depicted in Exhibit "A", with the additional right to Grantee to deviate from said trail easement and right-of-way to the extent necessary to construct and maintain a trail and irrigation improvements hereafter described, and to provide, if necessary, a retaining wall on the westerly edge of tne aforementioned trail easement and right-of-way. 'i II USE The trail easement and right-of-way shall be for multi- recreational use, including but limited to, cross country skiing, hiking, bicycling, equestrian and other uses. III MOTOR VEHICLES The use of motorized vehicles (except for the construction, maintenance, repair of improvements, creation and maintenance of nordic ski trails) and 'camping and campfires is prohibited. IV COMMERCIAL USE The trail easement and right-of-way shall not be used for = t"'\ , commercial purposes. v DEDICATION Grantee recognizes said trail easement and right-of-way as a dedication pursuant to the provisions of Section 7-143(2) (a) (b), Park Dedication Fee, (or any amendment thereto), of the Aspen Municipal Code in lieu of payment of a park dedication fee. VI ACCESS \) Grantors expressly retain the right to traverse said trail easement and right-of-way with vehicular traffic for the purpose of accessing the property encumbered hereby, provided however, that said reservation is contingent upon Grantors failure to obtain an access easement from Pitkin County (or any other person or entity) providing an alternative access to the property encumbered . hereby. If necessary, the location of said access shall be jointly determined by Grantors and Grantee. Grantors agree, upon obtaining alternative access to the property encumbered hereby, to refrain from crossing said trail easement and right-of-way with vehicular traffic. VII OBSTRUCTIONS Grantors agree not to obstruct, impede or interfere with said trail easement and right-of-way, and Grantee agrees not to interfere with the rights of Grantor for ingress and egress to the property encumbered hereby, I"""" -I~ VIII MAINTENANCE Grantee shall police and maintain the trail, and , further adopt and enforce reasonable rules and regulations for the use of the trail. XI INDEMNIFICATION Grantee agrees to indemnify and hold harmless the Grantors from any claims or losses arising from the construction and maintenance of said trail, except those claims arising from the negligent or careless acts of the Grantors, their heirs, success- ors and assigns. X CARE Grantee agrees to use reasonable care in the construction of said trail and to avoid damage to the land and improvements thereto, and further agrees to restore such land and improvements to their condi tion immediately prior to such construction by appropriate grading, planting and repair. XI WHOLE AGREEMENT It is expressly agreed that this Agreement contains the entire understanding of the parties relevant to the subject matter hereof and that there are no verbal or written representa- tions, agreements, warranties or promises pertaining to the ,-, ~ t sUbJect matter 'hereof ,not expressly incorporated in this writing, XII MODIFICATION It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can , be modified, changed, terminated, amended, superseded, waived or extended except by an appropriate written instrument duly executed and subsequently recorded by all parties. XIII SEVERABILITY If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement itself or any other provision hereof; and there will be substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision which shall, to the maximum extent possible, provide for the intent of the parties as set forth in the original provision. XIV TITLE Grantor warrants title to the property encumbered hereby is in the names of Grantors, and further warrants that said title is good and sufficient as against all the world, and covered by a general title commitment policy issued by a local title company. xv ALL j.:I-,,:,{'.\ r\"6L b i?i~, ( ~"_'SC '^,T' Grantor warrants that the property encumbered hereby is free of lienholders who have not consented to this grant of a trail ~ ~I"""\~ = (""\ ,.. 'I . easement 'and right-of-way to Grantee. IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the date and year shown. CITY OF ASPEN, ,COLORADO By William L. Stirling, Mayor ATTEST: Kathryn S. Koch city Clerk Sharon and Barry Siegel Glenda and Robert Smith ATTEST: ./ 1"'\ t1 ,... ~ MEMORANDUM TO: Aspen City Council FROM: Robert Anderson, City Manager Steve Burstein, Planning Office ~-<- THRU: RE: Sunny Park North Lots 5 and 7 (Siegel-Smith) Request to Waive Park Dedication Fee DATE: September 3, 1986 =================================================================== APPLICANT'S ~UEST: The Siegels and Smiths request COuncil to waive the park dedication fees in consideration for dedication of a ~ail easement across their properties. APPLICABLE SECTION OF THE MUNICIPAL CODE: Section 7-143 establishes the procedures for land dedication or cash payment at COuncil's election for the purpose of acquiring park lands. BACKGROUND: The Siegel and Smiths residences were given 8040 Greenline Review approval by the Planning Commission on July 5, 1986. COndition #7 of tha~ approval states "the applicants shall dedicate a trail easement generally along the Salvation Ditch acceptable to the Planning Office and in conformance with the Aspen Area Oomprebensive Plan: Park/Recreation/Open Space/Trails Element prior to the issuance of a building permit". Planning and Zoning did not make any recommendations regarding how park dedication fees be handled., The applicants have begun working out the terms of the trail easement in conj unction wi th their request for an access easement from the COunty for use of the Salvation Ditch. PLANNING OFFICE COMMENTS: The Salvation Ditch trail is an important segment of the trall system; and the dedication of trail easements through the Smith's and Siegel's property is a community beneht., The dedication of the trail, while required by the P&Z, more properly constitutes a voluntary grant by the applicants which would not typically be obtained in an 8040 Greenline Review., Therefore, we believe that waiver of park dedication fees is reasonable., We support the waiver of park dedication fees if it can be shown that the value of trail easements is at least as much as the park dedication fee (estimated at $2,400 for each house). We recommend tha~ the Siegels and Smiths demonstrate the value to Council's satisfaction., SB ., 3 9 ~ ,~... .. c^ c~ ...' Barry and Sharon Siegel Bob and Glenda Smith Sunny Park North Subdivision Lots 3 and 5 --Mayor Bill Stirling City Council Members Charlotte Walls Pat Fall in Tom Isaac Charles T. Collins 130 S. Galena Street Aspen, Colorado 81611 Re: Acceptance of Trail Easement For Park Dedication Fee Dear Mr. Mayor and City Council Members: Finally, after two months in Planning Office review stages and two more months being tabled, our 8040 Greenline Review for the above '~mesites has been granted conditional approval by the City of Aspen Planning and Zoning Commission. As you may be aware, the major delay in the 8040 Greenline Review process was caused by questions arising related to the proposed Nordic Pedestrian Trail planned to follow the existing Salvation Ditch Road. Unfortunately or fortunately, the Salvation Ditch Road crosses our property and thus the trail issue. For us, the trail has postponed construction such that it is questionable whether we will be able to occupy our properties this year. In addition, we have incurred substantial fees for interest expenses, lawyers, architects and the Planning Office. All of this was to accommodate the trail easement, which became a condition of our building permit - even though the former City Attorney told us and the Planning and Zoning Commission that this was not a proper criteria for 8040 Greenline Review and if the ,City or County wished to acquire that land, a condemnation process was appropriate. We are sure you can imagine our frustration! The value of the trail easement and the ability to maintain the continuity of the trail far exceeds the required Park Dedication Fee. This is certainly an appropriate situation for the City to accept land in the form of an easement in lieu of money. Section 7-143, Park Dedication Fee, permits the Council to accept a land dedication and we are requesting that is what you do. We would appreciate if you have any questions that you contact us directly; the Siegels may be reached at 925-6227 or 925-7791. The Smiths may be reached at 925-3937. Thank you for your prompt attention to this matter. ~ ~~ ~~~~?// -" arry & Sharon egel ~J2J ~ & Glenda Smith Bob cb.mayor.ltr ./ -~ ". .~ ..J cl""'l c~ 17-142 ASPEN CODE 17.143 Sec. 7-142. Violations and penalties. (a) It shall be unlawful for any person to erect, construct, en. large, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City of Aspen.or cause the same to be done, contrary to or in violation of any of the provisions of this code. (b) A violation of any of the provisions of the code shall consti- tute a misdemeanor, punishable upon conviction by a fine not ex- ceeding three hundred dollars ($300.00), or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. A separate offense shall be deemed committed on each day or por- tion thereof that the violation of any of the provisions of this code occurs or continues unabated after the time limit set for abatement of the violation. (Code 1962, S 4.1-4; Ord. No, 7-1971, S 7; Ord. No. 9-1974, S 4; Ord. No. 12-1977, S 4; Ord. No. 33-1981, S 4) Sec. 7-143. Park dedication fee. No building permits shall issue for the construction of any residential building within the City of Aspen, Colorado, until there shall have been paid a park dedication fee, either by land dedication or cash payment in lieu thereof at the election of the city council for the purpose of acquisition of land for active and passIve park and recreation purpoeee and for capital improvements to such park and recreation lands: (1) If council elects a cash payment, the amount of aueh payment shall be calculated by multiplying one per cent of the current market value of the land by the number of residents attributable to the residential building. The number of residents attributable to the residential building shall be calculated in the foUow. ing manner: Type of Dwelling Studio One-bedroom Two-bedroom Three-bedroom Supp, No, 28 Number of Resid,,,,t. per dwelling unit 1.0 1.5 2.0 2.5 470.6 ) ) ) .,_4/ /:... . ., I i " '. i ) (""1""'\ r~ 17-143 BUILDINGS AND BUILDING REGULATIONS 17.143 Type of Dwelling Number of Reside,," per dwelling unit 3.0 Four-bedroom and .5 for each additional bedroom (2) If council eleeta a land dedication. the follclwiq procedure shall be utililled to compute the amount of land to be dedicated: (a) The amount of the cash payment that would haft been required had council elected. .hall be computed pursuant to sub-paragraph (1) abcml. (b) The developer .hall dedicate that amount of laDcl whose current market value equals the amount of the cash payment computed above. Supp. No. 26 470.7 ) . I Revic\~Cd by: (~s~ . City council ,':;"j'i-~"""'~'" , l ,- 0 0 i I \ ~:l-r, '2. " " -1 I ~ I f"""",' j t o~' 11/-1::;) ~ ; I" ~, .~ , ., -~ It" U"""' ~ ,,-r~1I "'" 1-1''-'"'.'', L...!Pr~ ~ > ?f"f't(',,",- J:Jv (fD'1D !G1..uv}.", fG/';'; /i tL b'u,~ l"tA ~~J) fi,;"'b"0' ,;, ~~l", 3,H' 'j"M'" r;')i I~,':J\ "..JI""".;, " ,';.''- , 2. OthJ to ~J, 0!<h',;'k1 i ""'..Ltc~ , 1. A site specific subsurf3.ce soil investigation shall be done by a qual ified geotechnical engineer after the building sites have been pr epared to determine specif ic foundation design. The investigation results and designs shall be submitted to the Engineering Department and Building Department prior to pouring the foundation. Revegetation shall include the type of plantings and procedure I of r evegeta ting as represented in the Siegel a ppli ca tio n. i . I' Revegetation shall be accomplished by no later than ~V,1ebiY " 1987. A nel-l revegetation scheme shall be submitted for the ! Smith site; Lot 3, to the satisfaction of the Planning Office prior to issuance of a . building permi t. Any changes in the revegetation schemes shall be, processed through an appl ication to the Planning Office, 'and if they are determi ned to be signif icant, shall be processed as an amendment to th e 8040 Greenline Review approval. o 3. Water meters shall be located at or near the property line and the water line shall be sleeved where is passes under the Salvation Ditch, to the satisfaction of the Water Department. All util ities shall be undergrounded. 4. 5. ILl ::I;,,J h.;JJ.;.'1IV(V;{itwl,t a-A 1'4. <Jt.V c< wvtJlr'__~ t(, '''f'(''.iT:JJ c,; tk 'ff2,<tt~: ,,6':) Access to the property shall be along the Salvation Ditch '~ 'through ~1011y Gibson Park. ,Ac~ess easements ol?taine~ from Pitkin County shall be subr:titted to the s~t~.sfact~or: of the City Attorney prior to the issuanCe of a Bu~ld~ng perm~t. r) '\"J""'""o <.I".n,,',j c</lV>.i {, ~;f"..,.::J, ,I}. JU,;.,<:A'1 ,;:<<;" p'''y:Ccl L ",,0 ;t,~}.~, .;-j. ~j t, 1:1., J j' D .J. \' /' ) It' :~ ! I.'{} ;; _/ ,,1 c.c]yn"tl,k Ii ,d~ h_t'Jt';"" " 1'-{;1 ,I" '.'l' 0; ,t..",~ ",().) I I'i J" 0>'.1',' p<",y. , 7 1L ~f':.J~-'t..j:,J..JL :~' !v.JJ/..J; c> ,btj f~,;Jr,.,<f, v f'c{."'(~ ,!{,fJIL: ::-, .L~:t< zJJJ, (iUv i.{Ic, ~ rt'l Nt'>!'^",. ()(;, A, ",,) )," un:. c"c:";O",c' v.O:iJ. Jto A:.'.:f~' h'v;, I:/ii",l/J>lj';' ;)f'I;/': ,yV:;rc:i rl''''ifi '\,~..: 'UI<,""~)0_' /r, b"i,I;,~,,'(~J I~-\ \~.' _.--'-__-0.'. " ;1 ( ~ I ('") -':.: ' .~ ;, --- ......, " " \ \ \ \ \ \ \ \ \ " " '" "- -1'0 '- "- ""'0 ..... ....::!') '.. Ii. 11;,I,7"'J.'" ",\ .. 21(' ','.. /' .J'/Y4'CCL E/( (..... \ " ",------"""'"- ( , , ........" '--- '\ , ~--- \ ........'" \' \ \ \ \ , \ ' '\' J " / "'" / \ / \,. 0, \ '\--......-.. \). - \(:;\ \",,<;>.\ \~~~ \ ~'f.-\ ---. \ ~~ \"'-- \ ~-:.. \\ \~~ \, "3. <:::> = Z. '~ -z. '. ~ <) '... '\0 \ \ " " "" "- ---"- - ~ ~ ~ '" /E LCJC//" ",.vA'",,;" ----//.r,,~._y """'0'/117)' - ?A/(C'EL PEING F ;T.tJ Lc)T 7 &, /?/!-: T.tJ THE C'/7Y.:?/, &'/V/IIe-'i" h,r~~,... CCVN7 1Y4,r"~()t)"1V /..,~. S4S."lI'iJiJ"J./ JS~' l, . ~ j.1 I' , "'.IV.....E/? #/JYA'E oJ'/YEJ'/K Lt:JT<;t- , <'> -=:x. "" ..... "'" Lt:J7: J: _ . ~!VA:E?\, ;Y.1;,v>>.rd/--Y /N~E.rT~.:r/Y7 ':-0\ ~I I ~i '~ .tJ##E/i' ;'Yb'C6".!EA". ff'..-'!CoL/ET C7LU8 , i.z(t~~/' . -to''b 'V. A/,tJ/(T/t, -" -::". .":>> X 'L/LJIJ/V/J'/CJA/ I: . ~-'v"<<~;f" .,oc/Y,vy EVINS I!""'\ (1 " BA,NNER !"Iarch 31, 1986 Dobrovolr1Y Bo,,: 340 ,CO. 81654 RE: Lot 3, Sunny Park North Subdivision De,ar Mr., Dobrovolny. I have completed my geologic investigation of the above re:ferenced lot nea,'- Smuggl~~r Mount.ain, Aspen, Colorado.. The, 18,()()o plus sqL.t~::u'''e foot lot. lies above Park Circle,! roUghly between the Park Circle Condominiums to the west, and the Mollie Gibson Shaft. to the northeast. ThE> Salvation Ditch Pi~eline runs approximately north/south through the lot as on the accompanying map. The site slopes from gently to st.eeply west, and is cove.!'-ed wi~h ~agebrush and other dr-viand shrubbery and grasses~ Large boulders, mostly granitic, are scattered about the site. The burieci Scd.vat.i.on Dit.c:h Pipeline is oVE~I""lain by an access road through the property. There is a fairly flat bench near';the east cOl'"'ner Df i:.he proper-f):, whi eh i ~~ dered to be the, bui I ding F'riv("l cJpe. Th i s pr'oper-ty lies orig a minor ridge, c:onnech,d to the m"in body of SmugglE'r tain to the east.. Th(~r8 i~::) a df.~pressj.6n behind. t.h:i~5 r dgewhictl collects and contains standing water.. The geology of the site consists of a fairly th'ick sequence glacial moraine material (Qmc:l of the third valley glacier moved down the Rc)aring For-k Valley iriQuaterTlary time.. material consfsfs r.:lf unstrati'fied and unsorted clays, , sands, cobble. and boulders. Without a drill hole, it impossible to predict which bedrock unit underlies this , but it appears that it could be any unit between the F'er"inian age Beldon ShEll f.~ ~ c\nd .t7.hE-~ Pl....ec:ambri an age quartz ~. onite.. Thet-e ar€~ 'fault. tr<.::\cE~S 1'~unn'1.,ng from nD!'.th(-?ast to southw'est in thi sport i on o.f Asp(~?n 'J but becau::l8 0+ the sl.\~'ficial cover llf gl(':1c:ial depDsits, their exact position and number' are unkno"JIl. In any event, there is no evidence of Ne6g(~ne (recent) movement on t:.h~~SE~ .f aul ts. ~.:Jrt,':;;":.' ,/(;,.,; '.': -\ ..<: '.; :. ."'.. ,~ ;i'C,~:"~;;:.:> .. ;"(.;:;r;~ SUITE 302 CITY PLAZA BLDG, 517 E, HOPKINS AVE, ASPEN, COLORADO 81S11 . (303) ., .'- ;~1,\ \, ' ;<:\!:\ ;',>-,;"',, li';,~-~>;)::): }!;:\::~~'~ ",".'.....:...".' ,..,::. ("'\ ~ >r BANNER Lot 3, Sunny Park North Subdivision i"larch 31., 1986 Page T"JO There are a number of mine s~lafts on the hillside above the site which enter the Smuggler Mountain mining complex. The network of tunn~ls is known to pass under the Town of Aspen and connect v.,ci th thF.:~ (-i~5p(~?n r1CJ!...lntai n mi ni nq .:;\['-8a. The tunnels beneath the city are full of water. There is no evidence of mining activity near Lot 3, but there are certainly tunnels well below the property within the bedr'ock its. I do not expect a subsidence problem, but to be cert.a.in, I suggest tI'.,at, c1Ul'"ing the site specifj.c soils igation for foundation design, one deep hole (depth to ded by the soils Emgineer') be drilled at tt1e homesite fcir any cavities in the material beneath the site. side shows no evi"dence cif instability, but these are df~posi t.s ~;o that~:it...li'-fa(:e and sub~sl..(l'-'face ~AJ,.J.ters d be di vel'~teclal"'ound the hom€~ c\nd undue wet t i ng of the thr6ugh faulty irrigation practices should be avoided. vation Ditch Pipelino, i~.; tnpoglraphically !::lelo,J the therefore ",I""Juld not advPI'-;5"ly affect the, proposed Th~ soil~ en~i~eer' ~hci~ld' p~6Vide you reco~mendations gns for the ad0iied drainages, or our firm can design nages foro you~ ic water and waste e1ispolal will be provided by the of Aspen . Ac:c(~~sS tc:> the :::5-i '((0 m,o:-iy need to be :i. fTiproved ~ but s already available. If there are further questions, ~ase de not hesitate to contact us. ~3i nCE'.'r('~~l y ~ B~!:"~=.~ A;S(~7nos,.:!\IC. //-vt:tVJ1/V" I~ Nicholas Lampiris, PhD. Project Geologist encl. NL/cl k " ~ ~ ~ '.",''';':6',,","'';i0<;''sJ,o.:)>'. ':",':.~'.' .,.""...,:<,',',:.; ~ LN/N.... /0 ..--- r' .'~"- . !/' 6_" . ,(!),/', ~ .;..--- 4iii;;.:.;. ---...... ---- ~--- ,.--- "- "- .....~-- ------ ""-. -- , \ . " -" -" " -- " - -- -- -- -- ,,-- - - - -- ----- '"....:_. ~ , ...,;, I '~"1i' -' ~" ~'", . oo'IF' /' ,~ / / /~' /" ,o~ )/ / / .' ...,;;,.~"" ,IJ. .... .......;.#' ..'-. i .. ~~ ,-,,",- ",^ ./ ~i: ,*~~...... .'"' .;,.'" ""....... ,..r"' . r . . . , . , ,.- .' / / , , , / . . ./ , , ~ ... . . .;;> . . .' . . . , ~OIO_ 7. , .' , / ./ / ... / '" '" . ., .' . - / .... .... - --- . - "'~-' -- iiiiti* ;,;,;;;1>.... ". -- .... -- piftUfJ15 ...-- ....-- .... ...- ,-"WIIf!' .. fiii# oirell eALVoA:rioN - - - - -'_.~- SUNNY PAKK Mimi ,""; - '4,,' -.......~,..,., ,/' PKOPOSEtJ ~. 8Mm,t 'ReS/DalCE ,.,'. . , \ \ , 1""'\ ("') i~ rn@rno~. ~ n .Al29. ~ MEMORANDUM TO: Steve Burstein, Planning Office FROM: Jim Gibbard, Engineering Department ~ DATE: July 29, 1986 RE: Sunny Park North Subdivision, Lots 3 & 5, 8040 Review ==~================================= The Engineering Department has reviewed the new access design for the above application a~d would ~ike to make the following COmments: 1. A study should be undertaken by a registered P.E. in geotech- nical engineering to determinewhethir or not the. proposed retaining structures will adequately provide slope stability for the cut and fill areas and whether or not any additional retain- ing structures should be provided in this proposed access design. The area of particular concern is the steep slope on the upper 100 feet of the driveway. 2. Revegetation should conform to the plan last submitted by lot 3 in type of vegetation and planting procedure. particular care should be taken in the excavation for the driveway so that root damage to the large pine tree and the aspen trees is minimized. 3. The site 'plan showing the proposed access design was sent to Jim Wilson for referral on fire and emergency access. The appli- cants should comply with any recommendations he will make. jg/slpstbl cc: Jay Hammond BOARD OF DJRECfORS Bob Wade, President TooyMorSe', Vice President Jim Mollfc::i:SecretarYiTreasurer ' PeterF'or'sch -, Skip Hamilton Tom Isaac Greg Mace George Madsen Carolyn Moore Jeff Tippett EXECUTIVE DIRECTOR Craig Ward TRUSTEES Executive Committee Bill Mason, Chairman Tom Blake Jim Chaffin Arthur Pfister Frederic Benedict Ruth Humphreys Brown O.v: Edmundson Elizabeth Fergus JacK FrIshman CM:Kittrell Chades Marqusee Barry Mink Ken Moore Robert Oden Tage Pedersen Marjorie Stein ADvtSORY BOARD Bob Beattie 'Bill KOCh 111l/}l~~t E ASPEN SNOWMASS NORQICCQVNCIL Mr. Steve Bumstein City Planning Office 130 S. Golerle Aspen, COB16 f f ' Dear steve, MiiyS, 1986' After visiting the Sunny Perk North subdivisiori16sCweekl have conCel1lsth6t the proposed develprrlentsforJot~ $ end 5 win jeopardize' the Master Plan traiL alignment along the 'Salvation Ditch, I believe thet we must explore other options for automobile access to, those lo1sJnol"df:lrJo preserve the treil alignment. I do not believe th6tapedestrien trail is compatible with.a 'private driveway,'espeCially wheiftllEfnouses Tor both lots are so close to the tfail, i Sincerely, ~ ~i ~ <?ill ~ ~ ~ JJj I would liI~e toettend 011 City P &. Z meetings conceming developments in this subdivision. &' ( Craig C. Word Executive Director ~ , ii! ~~ ."'-< ;;:J ~tJ i'... i#J " !Wi ~ ,,~ ~ ~ III Iiil i%J 'iiJ .iiPl iii '" i%;i III ~ ~1'j P.O. BOX 111'815' ASPEN, COLORADO "8161:l' 3037925:47110" ~ 1Ji )'i:1.l ~ ~ jlt1if!4;'f.(:;1' F MEMORANDUM r , \.' I, i :l' U~i Off' e r' ,..."" n"7[g ~ ,,::: ,L,~ w \:::'. f\ ....q"---I:II : , MAY I 5 l:jtjb} 181 TO: Steve Burnstein, Aspen/Pitkin Planning FROM: Tom Newland, Pitkin County Planning Engineer Siegel/Miller 8040 Greenline Review May 15, 1986 RE: DATE: ================================================================ I have reviewed the material you have furnished me on the appli- cant's submission, and would like to forward to you the following advisory comments: Effect on County Park and Trail System: Title IX of the Pitkin County Code defines the rules and regulations concerning use of the Pitkin County Trail System. This title has been amended to have these rules apply to parks as well as the trail system (Article 3 of Title IX). Sub-section 2-1.1 of this title states "That no motorized vehicles whatsoever including automobiles...are permitted to use the Pitkin County Trail System." In order for the applicants to use the Salvation Ditch easement as access to thei r properties, they must use Smuggler Mountain Road (county road 121) and part of the Salvation Ditch easement as it crosses Molly Gibson Park. I believe that a uSe of this kind on Molly Gibson Park, which is owned by Pitkin County, is in direct opposition to the rules and regulations mentioned above and in the Pitkin County Code. This proposed access along the Salvation Ditch also goes against the trail alignment proposed in the 1976 Aspen/Pitkin County Trails Master' Plan. This trail, called the Salvation Ditch trail, is considered.a critical northern link to the trial system that will eventually encircle Aspen. Use of any portion of the ditch for vehiclular access will place serious constraints on the development and operation of this proposed bike/cross-country ski trail. It is interesting to note that the applicant has not addressed this important issue by proposing an alternate route through their properties that could accomodate the trail. For your information, this trail has become a reality from Hunter Creek to the applicant's property, and is really an uncompleted trail, not a proposed trail. Allowing vehicular access to use the Salvation Ditch would undo several trail easements already obtained to build the trail, and would probably disrupt the completion of this public facility. ~ f"") () /J111, I k ,/\\'h t G. ASPEN WATER DEPARTMENT MEMORANDUM TO: FROM: SUBJECT: DATE: STEVE BURSTEIN, PLANNING OFFICE JIM MARKALUNAS LOTS 3 & lS,UNNY PARK APRIL 14, 986 " In 0 of April 10, 1986, we have indicated as stated in your a hed letter, that water would be available to Lot 3 of Sunny Park. In respect to the structure to be located on Lot 5, which appears to be below the 8040 line, this structure can receive water from the Water Department provided it meets the same conditions as set forth in, our. l",ti:er of April 1, 1986 regarding Lot 3, and that is, the owner will .be responsible for the water line from the point of attachment at the water main located in Park CirclCiJ.. The Il\eter m\lst be. lQcated at Q:r: near the property line:. The water line should alsQ be sleevCiJd where it passes under the Salva,tion pitch. Exhipit B (drawing- showing Topo line and location of house 011 lot) is not entirely clear as towhai: portion (if any) of the hQusCiJ might be abQve the 8040 line. 1 aspumi;! tpat fhefopleft of the drawing reprepents ap!:'ofile. This, profile is not clear as to the 804q :LinCiJ. III Citf,E)mpting fo interpret the drawil19rit appea!:,s that the fixture!;"il1tI1CiJJCiJ9-rg5(Il\\>{Q\lIcl,bCiJ,>atgr. nE)~!:'~h.e:M40 line. Therefore, the pi~ssUre would b~ adequatE{ !oi"'iesid'el1tiil.:C purposes. City water main pressure should be approximately 40 psi at Or ne~:;tI1CiJ 804()CiJlevCitiQn...,Il9\>{CiJyer, we canl1ot- g\larante:e this pressure because of other influengep slICh. as house plumbing and service line friction lossep. ' ' In summation, the same special conditions should apply to both lots 3 & 5. The applicant may apply for a water tap permit in accordance with standard procedures. JM:ab .;: ...' <'i~'l<" /""'\ ~ MEK>RANDUM TO: FROM: Tom Newland, County Engi neer Steve Burstein, Planning Office Siegel/Miller 8040 Greenline Review RE: DATE: May 1 4, 1986 -='=='======'=='='=-==.==='====,=====-============-===-=.========,=======,======= Attached is an 'application -submitted by Cary Wright on bebalf of his clients,tbe Siegel's and Millers, requesting 8040 Greenline Review for the construction of two single-family houses on Lots 3 and 5, Sunny PalCk iNort"h ,!>ubdiv Ision respectively. Access to the ihouses is: proposed along the Salvation Ditch where it intersects the Smuggler :Mtn. RoaCi at the second .switchback. The Ditch then runs thlCougn Pitkin tOlfrity owned land before entering !tbe City"s righl;':::of-way along Park Circle, then Lots 5 and 3. Please note the vic::inity lIl<iP attached and the "Draft Driveway and Utility Easement "witbin the Siegel portion of the application, I would appreciate your comments no later than May 19, 1986. SB.12 r"I , ~ MEMORANDUM TO: Planning Office Files FROM: Steve Burstein RE: Siegel-Smith 8040 Greenline Review DATE: June 4, 1986 ================================================================= ~Ieeting with Ron ~litchell, Karen HcLaughlin, Craig Ward, Glenn Horn, Paul Taddune (briefly) and Steve Burstein. The following steps were decided to be taken: 1. County will be approached to ask if they have made arrangements with Lots 3 & 5 owners to provide vehicular/- driveway access across ~lolly GIbson Park to Lots 3 & 5. If not, is the County willing to dedicate a trail easement along the Salvation Ditch? What steps must be taken to dedicate each trail easement? 2. Is the County \~illing to relocate the driveway to Lot 7 so that is does not encroach on Lot 7 and extend this same easement to serve Lot 5? 3. Is the County willing to accomplish a "trade" in which Lot 5 can be reconfigured so to give Lot 5 a larger area on the upper bench for siting of a house in exchange for an easement on the Salvation Ditch? 4. City Council should be asked whether it is willing to condemn trail easements on the Salvation Ditch through Lot 3 & 5, and will give the City Attorney and Planning Office the power to negotiate on the price for purchase of trail easements or proceed to file on condemnation. This matter will be discussed at the June 23, 1986 meeting of City Council. s. The City intends to act on the issue of trail easements as quickly as possible and schedule a rehearing of the Siegel-SMith 8040 Greenline review at the earliest possible date of P&Z. Prior to the P&Z meeting, appropriate progress will be made on this issue and other issues relating to the proposed placement, inclusion of garage, and architecture of the Siegel residence. 6. To the extent possible, we should ensure that there would be adequate grounds for the Board of Adjustment to grant a var iance on set-backs for siti ng a house on ,*.-,' t.o"" ~ f""'\ the bench of Lot 5, especially if no lot reconfiguration will be allowed. cc: Glenn Horn Karen McLaughlin Ron Mi tchell SB.65 r--____ ( , , "", '- --- \ \ \ \ \ \ \ , \, '\ '\ ,\", \ ~ \ ;.,... '" .~ \ ''\--... "> \ ---- ',1\' (:\ \ \ ~';. \ \~'\ \ -.. . \. ~~\ , '"A"'Z. \. \ ~- \ \ ~~~ \ -'t.~ \ \. ,,' " (""' \ '\. \ \ '\. '" '-"''- .-c---- --:.:.., " /E LCCJP - &/V..yE.Ii' :..../6'~6"L.c.K.- ""'...-fe~UcT t7LU8 ~, J'/Y4'CCL E/? ---- ,- '---. " '- /142".2"" /J:J,d~' LCT ,:; d/V"/YE"f' //V'hEK - hLZI//LLc -~ ........, "- "- '\. \ \ \ \ \ \ \ '\. , "- ",- '- ''--.... , L~T'" ..?'.Iv"....v4""',-f'" ",PE/VNY EJ?7/\'S "2.. C> = 2- ~ 7- r)\ '"::.\ "/)" :,0(,.:::' ','" ." .~..' . " " <) "- ... ""'0 -PO ~ "'#HEA" ,--"'/hI".'}' <."'ArNT)" , t"O> '3, C'>. <-- '" .... ~ $ ~~~ .- ~'.... 1$ 'l r! ';; , .,{'<i '~"/1"'" ~ "- .~1 ___ '1 &' I, \ IN.2.,l3'pt)\' A '.Z~',) ~ " LoT 7 le' ;>J-,I" , f 1" "'/VA/Eli" -rJ jV/lYA'E" ~'OD J"/YE.f'/K L~T J vA/Ncrf' /y.;"6(.-)'.Td/"y' /N.v...r..rr......?'..::"'/yT .~:.: . " ~. ?A.Ij'CEL DE/A ;TCJ L,oT 7 "" T,:> THE C/T) "'#N"-/i' .....,.T...r;.}-'/ Cc< ;Y 4.rJ:1t1&....v /.." S4S."U'p.tJ-J../ ~ , r r) n ,~~~~ COLORADO NATIONAL BANK ~ "'Iim@) ~ GLENWOOD ~"Ill\~\~ I), " March 31, 1986 City of Aspen Planning Department 130 South Galena Aspen, CO 81611 Re: Sunnypark North Subdivision, First Filing, City of Aspen To Whom It May Concern: By virtue of the Public Trustee's deed dated January 28, 1986, Colorado National Bank - Glenwood is owner of both lots referenced above. With reference to these lots, both have been sold under approved contract to Barry and Sharon Siegel (#3), and Robert and Glenda Smith (#5), subject only to receipt of a non-exclusive easement from the Salvation Ditch Company and an approved building permit by the City of Aspen. _ urs truly, oh !.1:;,1"~ r . e President ' JAK /bjm Ninth and Grand Glenwood Springs, Colorado 81601 (303) 945-7422 Mailing Address: P.O. Box 520 Glenwood Springs, CO 81602 /"""'I, rj DRAFT DRIVEWAY AND UTILITY EASEMENT THIS AGREEMENT is entered into this day of March, 1986, by and betw"en Salvation Oit"h Company, a Co1oraCiO"Corporation, ("Grantor") and Colorado National Bank, Glenwood Springs, a Colorado corporation ("Grantee"). RECITALS: 1. Salvation ~itch Company by Easement Agreement recorded 16 September 1977, Reception No, 197440, in Book 335 at Page 80 was the Grantee of an easement '..hich encumbers Sunny Park North Subdivision and is twenty-four feet in width, six feet on the East side and eighteen feet on the West side of the ditch and pipeline as constructed in place, together with the perpetual, nonexclusive easement and right-of-way over a road as constructed in place which parallels the ditch described above and is within the eighteen feet West of the center line described above. 2. in that Agreement Salvation Ditch Company agreed that only one road crossing this ditch and pipeline easement and right-of-way shall be permitted on each of the following lots: Lot 3, Lot 5 and Lot 7. 3, Colorado National Bank, Glenwood Springs, is the owner in fee simple of Lot 3 and Lot 5 pursuant to a duly executed and issued Pubiic Trustee's Deed, 4. This Agreement is to affirm the rights of the owners of Lot 3 and Lot 5 pursuant to the E"sement Agreement recorded in Book 335, at Page 80. NOW THEREFORE, for 'good and valuable consideration, the receipt and suftie Leney of which are hereby admitt"d and acknowledged it is agrred as follows: [, Description. The Salvation Ditch Company hereby grants onto Colorado National Bank, Glenwood Springs, its successors and assigns a nonexclusive easement eighteen feet in width located on the West side of the center line of the ditch and pipeline as now constructed in place, subject expressly to the Salvation Ditch Company's absolute nonexclusive right of access to inspect, maintain, operate, uSe and repair its ditch and pipeline as required for the transportation of water across and under the above described lands, together with the right to uSe so much of the above described road as shall be reasonably necessary to enable workmen and 1 t"""'\ n DRAFT J, equipment to properly and conveniently inspect, maintain and' repair said ditch and pipeline, and together with the right of ingress and egress to said road over a road as now constructed. 2. Mutual Easements. The Grantor and Grantee acknowledge to each other for the easement of ingress and egress over a roadway in place for vehicular traffic in connection with their respective properties and the propurtias of Lot 3 and Lot 5 as described above. 3. Obstructions. The Grantee agrees not to obstruct, impede or interfere, with the reasonable use of such roadway for the purpose of ingress and egress to and from Lot 3 and Lot 5 and the Grantor agrees to make a reasonable effort not to interfere with the rights of the Grantee for ingress and egress except a. is reasonably necessary for pipeline maintenance, inspection and repair. 4. Maintenance. Salvation Ditch Company shall have. absolutely no cost whatsoever concerning this easement except as it elects in its sole discretion for the purpose of,its pi15eline and water transportation facility. 5. Effective Term. This Agreement shall be effective in perpetuity and be a covenant that shall run with the land. 6, Binding Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the Grantor and Grantee and the Grantee is 'hereby specifically authorized to convey the rights and duties pursuant to this Agreement to any successors in inten,st. 7, Whole Agreement. It is expressly agreed that this Agreement contains the entire understanding of the parties relevant to the subject matter h"reof and that there are no verbal or written representations, agreements, warranties or promises per~aining to the subj"ct'matter hereof not expressly incorporated in this writing. 8. M~dification. It is agreed that neither this Agreement nor any of it s terms, provisions, conditions, representations or covenants can he modified, changed, terminated, amended, superseded, waived or extended except 15y an appropriate written instrument duly executed and subsequently recorded by the parties. 9. Attorneys' Fees. In the event that this Agreement or any of the provisions contained herein become the subject .of lltigation among the parties the prevailing party shall be awarded its reasonable attorneys' fees and costs as a part of any judgment, 10. Severability. If any provisions of this Agreement shall be invalid, illegal or unenforceable, it shall not affect or impair the validity, legality or enforceability of this Agreement itself or any other provision hereof; and there shall be 'substituted for the affected provision DRAFT 2 f"""\ ~ a valid and enforceable provision as similar as possible to the affected provision which shall ,to the maximum extent p088~ble, provide for the intent of the parties as set forth in the original provision. IN WITNESS WHEREOF, the parties have ,executed this Agreement effective the day and year first written above', Colorado National Bank, Glenwood Springs, a Colorado corporation by: " John H. Kerr, Vice President Salvation Ditch Company, a Colorado corporation by: George S. Stranahan, President State of Colorado ) )88, County of Pitkin ) The foregoing was acknowledged before me this day of 1986 by John H. Kerr as Vice President for Color<1do~i"nal B<1nk, Glenwo'od Springs, <1 Color<1do corporation. Witness my hand and official seal. My commission expires: My address is: Notary Public State of Color<1do ) )ss, County of Pitkin ) The foregoing was acknowledged before me this day of 1986 by George S. Stranahan as President for Salvation Ditch Company, a Colorado corporation. Witness my hand and official seal. My commission expires: My address is: Notary Public in.salvat 3 DRAFT ,~ n March 27, 1986 Jim Markalunas City of Aspen Water Department 130 So. Galena Aspen, CO 81611 Dear Mr. Markalunas: I met with you in your office today to discuss a client of mine who is contemplating building a single family residence on Lot 3, Sunny Park North Subdivision in the City of Aspen, The subject property and proposed construction on it is close enough to elevation 8040 ft. to necessitate 8040 Greenline review. One of the review criteria is whether sufficient water pressure can be provided to the house, As I indicated to you today, the highest floor elevation in the house is at elevation 8026, making the highest point of water delivery, a shower head on that floor, to be at elevation 80)2, below the 8040 line. You indicated that providing water at sufficient should be no problem and that water at a pressure of about 50 p.s.i. could be anticipated. In order to expeditiously process this application for my client, I ask that you confirm our conservation of today in writing to me, with whatever conditions for this specific site you deem appropriate, such as water ,meter location as you suggested, Thank you for your assistance. Si7;&~~ Peter Dobrovolny ~ Peter Dobrovolny AlA drawer 340 old snowmass CO 81654 $ ,~.---- 927-3369 ~. ~'''.r -;...~-_., "'~~~:2i8~~::q;';*jQ;~~;~' ,; ">,:,~~)t;,; \i#>;': , 4i1<~ ',M~i& ,. ",,: L t""'\ , r'\ /l MEK>RANDUM TO: Ci ty Engi neer Aspen Water Department Aspell~ Cern-sol idat,ed S,anit,atiorr Jlt-~"rict" Fire ~,lar shall ' '," " ~,,;Ii FRor~: Steve Burstein, Planning Office RE: Lots 3 and 5, Sunny Park North Subdivision - 8040 Greenline Review DATE: April 10, 1986 ---------------------------------------------------------------- ----------------------------------------------------------------- Attached is an application submitted by Gary Wright on behalf of his clients Barry and Sharon Siegel and Robert and Glenda Smith, requesting 8040 Greenline Review for the construction two single family homes, one on Lot 3 and one on Lot 5, Sunny Park North Subdivision. Both parcels are crossed by the 8040 elevation line and therefore must be reviewed pursuant to Section 24-6.2 8040 Greenline Review criteria. Please revie\~ this material and return your referral comments to the Planning Office no later than May 5, 1986. Thank you. -rllese i~'" f'IlQ('oSE'~ s/"'t:t.e FAI"1IL'I /'JOMes c,.... 1!>e '5el:.vet> l'\V "N':/e. "...Pc.... co.."'...,"'....,.'='''' SAJoo,,.,.,1'Io_ 1">151<<"<:'-'-: d~..& ~/7 tv ~ ,4SI'8'1- C~ I-SO "I ~A-TEfo::;;. SA... .:1'",1'.. _ 1:> L I 71t-.<:. r 11 ,.. "'",~e It-- 1""'\ f"'\ , M E M 0 RAN DUM TO: Steve Burstein, Planning Office FROM: Jim Wilson, Fire Marshal ~ Lots 3 & 5, Sunny Park North Subdivision 8040 Greenline Review RE: DATE: May 29, 1986 ---------------------------------------------------------------- ----------~--------~-------------------------------------------- ,..... ... ..,.. , .,......... ... ,_ .,....,..,... ,..,...... ,....." .. ...,.. ....,_,.. _._.'...'_" ,.. '....'.... C'. _. ."..,. _ . . _,..,.".._.,. ., -,... _..._ ..". ,..... ... . ... ,..... ... .... .., .~ I have completed my review of the 8040 Greenline submittal for Lots 3 & 5, Sunny Park North Subdivision, and find Fire Department access and hydrants location to be,in conformance with local fire codes. The lots are located in a low wildfire hazard area, so no addi t ional fire pre~a.utions ;"{lih;;' necessary. JW/ar ~ ^ , " , ,.,f~ :':f,/~,~ 'iJ;~. _',.''{;.'I''.'. .. CITY ol11~ (~~~:'J~;t~S;3:~," 13 0 s~lll~ asp et:'~'5t~Q.O 30'j':'9'21' . '~ ~ , PEN April 1, 1986 Peter Dobrovolny AlA Sunup Ltd Architects Drawer 340 Old Snowmass, CO 81654 Dear Peter, This is to acknowledge receipt of your letter of March 27, 1986 which confirms our basic understanding as to availability of water to Lot 3 of Sunny Park. I would like also to include the need to provide a meter pit and shut off valve, at or near the property line adjacent to the public right of way, Since, no doubt, the water service line will cross the Salvation Ditch, our regulations require that the owner of the premises be respon- sible for said service line, including any water that might be lost due to leakage should the line be damaged because of ditch work. I believe the Ditch Company will require you to "sleeve under the ditch". You may apply for a tap permit at our convenience. , nc:re~ J'm Markalunas, Director pen Water Department JM:ab -"--"~".'.""'...-;;'-'..'- ~",' ,....", ,I"") 14 July 1986 Aspen, Co, 81611 ~rn@@OWjg ~ I~)I I' ~I -IJl14~ II~ Planning Office 130 South Galena Re: Driveway Access Sunny Park North Subdivision, Lots3 and 5 Siegel - Smith 8040 Greenline Review Enclosed please find the new Proposed driveway access for Lots 3 and 5, using this access we will not have to use the salvation ditch as an access to our property as originally planned. Please consider this amendment to proposal with all other aspects previously submitted. We expect to be on the Aug 5, agenda to have our 8040 Greenline Review, If you ha~ any questions please contact us at 925-3937. Barry and Sharon Siegel Bob and Glenda Smith cc Gary Wright Jack Kerr .~"111'''~ ~CNBa! tS =:=: ~(!)mne~ ~"Jm~\~ '" COlOIV\LJO NATIONAL BANK ClENWOOD f1 March 31, 1986 City of Aspen Planning Department 130 South Galena Aspen, CO 81611 Re: Sunnypark North Subdivision, First Filing, City of Aspen To Whom It May Concern: By virtue of the Public Trustee's deed dated January 28, 1986, Colorado National Bank - Glenwood is owner of both lots referenced above. With reference to these lots, both have been sold under approved contract to Barry and Sharon Siegel (#3), and Robert and Glenda Smith (#5), subject only to receipt of a non-exclusive easement from the Salvation Ditch Company and an approved building permit by the City of Aspen. o:"!~11"~ f . e President JAK /bjm Ninth and Grand Glenwood Springs, Colorado 81601 (303) 94S-7422 Mailing Address: P,O, Box 520 Glenwood Springs, co 81602 ~"'mm~ ~CNB~ E 3. == ~ ;E:l!).:;;;..eJ:s; ~ "". ~ ~iJJjl~~\.~ r:"\ ("\ . - ~ COLOAADO NATIONAL BANK CLENWOOD ,d i: ~i, G ~ D"W~ I' ".'~ .. I (.:\ "..-",. \t\\\ JUl 231986 \ H\'11 I July 22, 1986 Steve Burstein City of Aspen Planning Department 130 S. Galena St. Aspen, CO 81611 RE: Siegel/Smith 8040 Greenline, August 5, 1986 Dear Steve: Per our recent phone conversation, please accept this letter as bank authorization for the 8040 review with alternate access to lots 3 & 5 via Park Circle. Should you have any questions, contact the writer at your convenience. Yours truly, Jo A, K.'; ~t . e President JAK/bjm Ninth and Grand Glenwood Springs, Colorado 81601 (303) 94S, 7 422 Mailing Address: P,O, Box 520 Glenwood Springs, CO 81602 ,,-,~-. f', '~(- tj INbEx 1. Application for 8040 Greenline Review on lot 5 Sunny Park North Subl:!ivision, City of Aspen 2. Exhibit "A" - Report from Banner and Associates, Nick Lampiris Engineer 3. Exhibit "B" - 'lbpographical Map and Section of Building ~, 4. Exhibit "c" - Draft of Driveway am utility Easement 1\greement ~ t""\ .1"'\ ~~.~!..~!lWAY .0.r:P. UtILITY EAsF:MR/.rT DRAFT THIS AGREEJ.lRNT is ent"red into thIs _ day of March,1986, by and between Salvation Dtten C'"",pn"y, " Colo'C,~do co"porlltion, ("Grantor") and Colorado National Bank, (:lenwood Springs, a Col',rado corporation ("Gr"ntee"), ~ECITALS : ~----- 1. Salvation Ditch Company hy Ea."m".,t Agreement recOl."ded 16 Septemb"" 1977, Reception No. 197440, in Book 335 at Page 80 was the Grantee of an easement which encumbers Snnn_y F.::tr'lt North Subdi.vtsfon and is twenty-.four fe'~t in width" stx .fe~t on the En~t s5de and eighteen fe~t on the W~st side of the ditch and p:lp"line as construct(>d In p1~c", togeth,.;r with the perpE'!tu::tl t nonr;oxcl w~ive e.R~~m~n_t "'r1d r tght-of-'p3,Y oV~r .:t T.o:td :1$ con<<;;t r'11Ctf'!d in place whlch parallels' the dItch ,dese" lhea "hO\'e and i" wlthin th" eighteen f~etW~8t of thp: l::el)t~t" line (te,~clihed abov~. 2. In that Agrecm0nt Snlvntion Ditch Company agreed that only one road cmsslng this ditch and plpellne "nBement "nd right-of-way "1,,.11 be pe"mitt"d on each of the fo11.o"'tng lot.: Lot 3, Lot 5 and Lot 7. 3. Colorado I'R,tion.l1. Bank, Glen\1ood Springs, is the OWner in fee simple of Lot 3 and Lot 5 pursuant to " duly ""ecuted and l.."ed Public Tru~tee"'s Deed. 4. This Agreement is to affirm the rights of the Owo,.;rs of Lot 3 and Lot 5 puraM"t to the ERRement Agr('('meut recMd...d In Book 335 at Page 80. NOW TflF:REI'ORE, :for I(ood ",,,] valuable consl<leraUon, the receipt And 81lff:l.cIency of which nr"-I1"r,,11y admitted and acknowl",dg"d It is !!grred a. fol.lows: 1. Description. The Salvation Ditch Company hereby grants onto Colorado Natinn:l1 Bank, Glenw00d Springs, 1. ts f:;~!r.:eefl~!)r.~ -1ndas,si.gns a n,one'Xclustve et\1:u;~ment f'!fghteen f~'et inwldth loC::~te~t on the. West sidet)f the center line of the'dltch and pipelb" as now constr'Jct"dln p1..~ce, subject expresqly to the S.ntvation D't ten Company"'s ahsolute none1l':c:l1J~ive right of A,c.ce:qg to in.spect, mBintatn, o'f)er..ate, u~e 1Ind r.ep,-:'JJ.r itR ditch al1,d pipeline agr~quired for the tr.ansportA',t:1.0'l of ~"~t~r ;tcrog~ ,1no. under~nc. I1bove descrihed L'tnd8, together 1-7lt.h ti~Q ri.gh',.o r-.o U~P, gO much of the above descrihed ro.",-r1 .1:R: ~ho3.11 be rCt\r:ion:l.hly necf-',$s;!ry to enahle, work::men and 1 A ^ , ~ equipment to properly and conv~ri!ently in~pect. ditch and pipeline, and togeth"r.,1th th" right said road over Jl 'r.oad as t10W construc.ted. , , " 0 " " , . ~" maintain <lnd repair said of ingress and egress to 2. Mutual Easements. The Grantor and Grl1ntee acknowledg~ to'each other for the ea~em"nt of ingres~ and egress over a roadway in place for vehicular traffic in conn~caonwlth their respective properties !lno the properties of Lot 3 and Lot 5 as described above. ' j ~', ' , , 3. Obstruct1ons. the Gra~tee <1gree~ not to obstruct, impede or 'irlterfere-;-with the reaMnable Us" of such rOl1dwl1Y for the purpose of ingress"nd egress to and from Lot 3 and Lot 5 "no the Grantor agrees to make a r"asonable "effort not to' interf'''t'e wIth the rIghts of the Crant'el!! for Ingresa and egr"ss e"cept "A.. is r~!lSonably necessary for piPetil\e m,dntenance. !nspectIrm and'repair. 4. MalnteMnce. Sah,Kton Ditch Company shall hll;;'~ abMltlte1y no cost -- whatsoevet' concerning this eMeml'!1,t ">lC"pt AS Itelectsln !.taaole discretlon for the purpose of its pipeHne and w"ter tra'rispon"tion facility. 5. and be a Effeetive term. Thi~ Ap;'r"l>~ent shrill he coveMnt tii;,i:shAll. run ,dth th" land. ,dfecttve In perpetuit}. 6. llIndInl':Effect. ThJ.SAltred1lenl:lOhaitbe1:i{ndlng up~n ~nd inure to the benefit of theli;lrs, succ,,"ssors and Msigns of the Grantor And Grantee and the Grsntee is hereby specif:ically authorized to convey the rights and duties pur~uant to this Ag1:'e~'m('.ht to arty succes:sots in Interest. 7. Whole Agree"!ent. 1t is expressly agreed that this 'Agreement ".', ,>,;,,,,,,,,,,,,contaIna the entire tiiid:er<;tanding of the parties relevllot td'the subJ~€f. <" "'Y";~~", ':'iill1hel:" Iteteof and tnl!lt there' are' il~''''erbitlol:" i:irltt;'n tepre\'i4lTit'at':'lona, ' ,',;'<",: : '" 'agre"ments, warrAntiea or promise~" pii!r't"Ining to the subJect'mlll:ter hereof not e"pl'~ssly Incotpol:"ated in "'dUng. ' ":j:S:''-;':\y( ,':';:,,':"--'::" '-",";. "" "" 8.\'MoJifi~~'~[0~:::i its te'rms, prov.islons., condit ton~, rep-re~ent"'tlon$ or covenanv:; can be modified, chanp;"d, terminAt"d, nmend"o, sup,-'rseded, ",aj "eo or e"tended . except by an .i1pproprlate wri tten instrument dulj~ ex:~cnted and subs~quently recorded ryy the p~rttes. 9. Attorneys' Fe"s. Tn the eVent that thIs Agreement or any of the pro"i"ion8 cont,1lnedheiein hcco",e the snbjlOct of. lltigation 'among the partIes the prevailing pArty shAll he aWl!lrded its re,sonsh1" attorneys' fees and costs as a part of any judgment. " ',' _" - ' , ' ~.- _' ,:"" ~,' .:--_","j '- " J.- 10 .Slverithilft:y. Xf ani'pi-o,,{~ioog (jft:hla Ag~eelllentahail he Iovl!llid, illegal or unenforceable, itshall. not ,He'd or impa,!r the vl!lUdl.ty, legall.ty or enforceability of this Agreement, Itself or any other provision hereof; and there Shall be substituted for. the affecteo pro,.ision 2 DQ^ r:r " 1"\ n ! .', ~.. . .. .., " a v"Ud and enforceable provision M '~i';":ii"r provision which shall ;to the m~xi~um intent of the parties as set forth 1,n the' , .. . '0,"','''' ."".' ~. '. ..'"<.> :',;0;:.) ~~~;':I;;;;:i:')':.., H "_ IN mfN~ss ~i!ltRJtOt, 'the'pa'fi:ies' have dRY and year (i.ist ,written ~bov". . ,'I ....r,_:.". State of Colorado ) )ss. County of Pitkin ) The foregoing was 'aCknowledged before 1986 by John H. Kerr:is Vtce prestdent for Springs, a Colorado corporation. WHnMs my hand Il!1d official "eat. My commiqqion p-xpircs: My address i,,: 'by: George S. '.f':>, ~, Stranahan, preside~t me this day of Colorado~i.onal ~ank, , Glenwood State of Colorado ) )ss~ ) :,'1" 'q" County of Pitkin .;"" 4.". , I. ''',,' The foregoIng \litis '1986 by George S. StranAhan Colorado corporation. a , ;',',',;"","<' ", . Witness my hand ~';d off.5d,"'li';a1; My cllrilm1'sslon exptres: My addres!'; is: ,'..", "'0' "," 'f 'i',';" '"." .';'. DRAFT ".1. ~ . ;J~ . , ,l~, _ J J. ,~<J~ .~~,. ~ 4~._ .J ~ ~ .1>.4 " ,1:)1. ,,; '. .'4~. :, ..'-.." ~'^O /" ' 1'"'\ . . i n ,o<)S \ \ iY\i,) )\1\0\'\11 ~'1 'fi' ' tI;.o MEMORANDUM TO: THE BOARD OF COUNTY COMMISSIONERS OF P1TKIN COUNTY COLORADO FROM: JAMES LUCAS ADAMSKI, HOUSING DIRECTOR RE: SMUGGLER HEIGHTS: A LAND USE PROPOSAL DATE: JULY 17, 1986 =========i==================================~=~~~==~~~====~=~~==~ ISSUE/BACKGROUND: During recent 8040 Greenline reviews being conducted by the Ci ty of Aspen for lots 3, 5 and 7 of the Sunny Park Sub- division, it was determined that several problems existed with these potential building sites. Lots 3 and 5 are presently under contract to local citizens, and lot 7 has been obtained by the County through a "land swap" which took place during the development of the Centennial project. !l~~.'I"~rJ/:.!d~{ The lots traverse a steep hillside on the southeast side of 'I L L~7..'" Aspen, and houses placed on the lots as presently configured 'tf"":"f', '" would cut against the visual intent of the 8040 Greenline .! " t.p__~ bYII~,,, review process. I~;m ~d ' -e..lI~I'f "'~ ""The extension of City utilities up to these three building 'it ill1J-.,....: sites would result in very high insta);.lation costs to the landowners. ,Access to lots 3 and 5':i:s. proposed along the Salvation Ditch. The Nordic Council would like to install and maintain a cross-country/pedestrian trail along the Salvation Ditch, eventually connecting the Hunter Creek trail to the Northstar preserve. This trail is listed as a proposed trail in the Trails Master Plan of 1979 as amended to the 1966 Aspen Area Master Plan. Easements for the trail alignment have been granted from Hunter Creek to Molly Gibson Park. All of on lots sell lot these concerns add up to serious construction delays 3 and 5, as well as the inability of the County to 7 with a bonafide, approved building envelope. Previous discussions with you and others concerning the downvalley comprehensive plan indicated that the County may not be fulfilling all the desired housing needs of local employees. The apparent excess of multi-family dwelling units shows that the condominium approach to the local housing problem may not be the complete answer. Small deed- restricted building lots, located close to town, are what local res idents prefer. These lots could enab le employees to buy affordable land located close to town that single family dwelling units could be build on. '. 1:~1 ) {.f. \0' \I._I ,>l' " ff!.;"''r ..,) In an effort to maximize the and with the cost of running County is attempting to put productive use. utilization of public assets, local government rising, Pitkin it's present assets into more STAFF PROPOSAL: These issues could be resolved through a single land use proposal called Smuggler Heights Subdivision. The proposed subdivision would eliminate the 8040 Greenline concerns that have been hampering development of the Sunny Park North lots, reroute access to these lots away from the Salvation Ditch through access above the lots and develop some deed- f€.HSil1el;~ j..,.\,. ~;,~ S ~\ viv~ ~ fk, 111<0"", not ~ I r") i"'""\ ; restricted employee lots close to town. proposal would benefit the County government single family residential sites for the local This land use by developing employee. Figure 1 shows the existing conditions around the proposed subdivision. The lots would be located on a small bench near the middle portions of the Mascotte and 99 mining claims (currently owned by the County). These mining claims were used to create the Midland Park Subdivision, an employee dwelling unit project completed in 1977. Although the Midland Park proposal stipulated that the remaining sections of these mining claims were to be deeded to the County as open space, this idea was never persued. In addition to the Mascotte and 99 Lodes, the county owns an adjacent claim, called the Silver Brick Lode, immedeately above and contigous with the Mascotte Lode (see figure 1). As a result, these 30-plus acres have remained County owned, non-restricted and partially P.M.H. zoned. The Sunny Park North subdivision is located immediately to the west of the proposed subdivision (see figure 1). Lot 7 presently has deeded access through the Mascotte lode off of Smuggler Mountain Road (county road #21), and the County has agreed to maintain this access in the winter. Lots 3 and 5 could also be accessed through this road, but property line adjustments to these lots would be necessary. Figure 2 shows the area with the proposed Smuggler Heights Subdivision in place. Lots 3, 5 and 7 of the Sunny Park North Subdivision would be adjusted to include portions of the bench within the lot boundaries. This will allow the owners of these lots to place their building envelopes on the bench, reducing the potential visual impact of their future dwelling units. Access will be granted to all three lots through the existing Lot 7 access. In addition to these lot line adjustments, three additional lots could be created on the bench and accessed by the same cul-de-sac created for the Sunny Park North lots. By deeding additional property to the owners of lots 3, 5 and 7, the County will receive granted easements to the Salvation Ditch across lots 3 and 5.. This will allow the Nordic Council to pursue it's cross-country trail. Exten- sion of utilities to these new building sit~s becomes more affordable when there are six lots dividing the costs of hook-ups instead of three. This proposal will bring three deed-restricted single family lots onto the employee housing market. The monies received from the sale of these parcels will pay for the project development (see Jigure 3 cost estimates). ACTION NEEDED: The Smuggler Heights Subdivision land use proposal is now in the beginning stages of development. A vote o~ conceptual approval is all that is requested from the Board today. 2 . t""l r\ y' , .....>-:: '. '...', ..., <,\,' \\\ '. ' ,\\~",,'" FIGURE 1 .~'Mt:J~L.ERHEIG~TS': -,' ,:', " \ \ \ \ \, '- '''<\\ \,\ . 7'.~" '\ ',. \. \ " _ ". , .' .. \ ' . '.' ", \ '" \ '---.. '< \<,0." . ~--:::-.,_,"z~.\;>..:~:<,,,,"'. . ' "~-~::~'\:.': '\~>~T< " '.>{, '.'->, "'>"-- ".,. ' . ')\\ ' ~"'.,,' .\,' "'. '~\', , "'.:.'''\.'.' ,.., i' -\.,,-\.\ \'" ,/ ~ ;,,",', \ \.\\\,\' '.\\ \ ! /)\(., ,I .\ ' . ,"< EXISTING CONDITIONS / \ / / / / '. , "") ( \ . . I . \: \ -.\, ".\ -~\, '\)'. " I' \ I , i\ " './ \ ' \ .'1' \ I ., \ ," , . .\ l'-.... "l..., I~~/'~.t.'~.'.n?~ial ..,'i" "t.~~1 - ,'\ \". I ,,/\ 0:- -'- ,J\)-,:;';-i.~~:., ,,,,,~"'~".......,,' .'-.., _:._.'Y_...'.,.'...~. "- "~. ;..<. .,.' \" ._~~:~~:' :==J.~, ~~~" '~' '~:>:: .,.~."..", ,'~>'~ 'c.?' '>l'\:'giiil(r1oo' .~. /,>;;~; /j;-.~,~ '.1// < ::" \ '. .,<',i1d ,.~,! '::&7 ( ! . I .\ , ), \ / - ----::~.,- . n ~ FIGURE 2 PROPOSED SUBDIVISION / ~,# / / / /'~ ; /~ OPEN SPA,CE ~ ,#,#/ / / ; ~ ,~~ " ." J) I"""" """ t.J . - Figure 3 - ESTIMATED COSTS FOR THE DEVELOPMENT OF SMUGGLER HEIGgTS SUBDIVISION 1) PLANNING a) Conceptual and Detailed Design........,........in house b) Surveying and Final Plat....................... $ 2000.00 c) County Planning Submission: - Subdivision Review.,.. ..".. ,.............. $ 1680.00 - 2-step Land Use Review.... .,............... 1400.00 - Referal Agencies...,.......,............... 500.00 - Final Plat................................. 700.00 TOTAL............... $ 4280.00 d) City Planning Submission: - Annexation Review/Approval., ............... $ 1490.00 TOTAL............,.. $ 1490.00 TOTAL PLANNING COSTS.............................. $ 7700.00 2) ENGINEERING/LAND DEVELOPMENT a) b) c) d) e) f) TOTAL 12" Sewer Line w/2 drop structures......$ 60 _ 8" Water Line w/ 1 fire hydrant......... 40- Raod Upgrade w/ cul-de-sac.............. 12- Engineering. . . . . : . . . . . . . . . . . . . . . . . . . . . . . 9- Legal Fees for Crossing Salvation Ditch. 6- 15% Profit Margin....................... 16- ENGINEERING/LAND DEVELOPMENT COSTS.... .$141 - 75000 50000 15000 11000 7000 19000 177000 3) TOTAL DEVELOPMENT COSTS............. ". $146700 to $184700 4) DEFERRED COSTS a) Sunny Park Lot 3 Participation......... . $ 7500 b) Sunny Park Lot 5 Participation......... . 7500 c) Sunny Park Lot 7 Participation......... . 10000 TOTAL DEFERRED COSTS. . . . . . . . . . . . . . . . . . . . $25000 5) TOTAL COSTS TO FORM 3 DEED RESTRICTED, SINGLE FAMILY LOTS................. $121700 to $159700 OR $40500 TO $53000 PER LOT 3 ~,C'"".."' ..,'.'.' ., :m>o""~'. ,"~. ' , .,'.. ..' ,; l , ~' ! >- >- ~ \ I , , . , I " , - .. " h " I : "'" ,. - ,.. ~ ........ . .' " \ . \ \ . . .,!, i' ...,. . , . .', I :~. ," I . .'.:' t' 4.... "' -"", .... .1_' .. . ..,... o\. ...l .,- , ~" ~, ~ .<<\ "r ~! \\\1 :> I ;Z \ ~ \ :z ,'~ a ~ z ~ },\: ~ :s 4;::.' ::r. ~ ~" ~ , . 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' , ,.,. --- '/ ,: ."{Y' :::::, ,-- , "./ /;/ --.//' ;, -;;c>~~~~l;{\:\iL //--- - . ~.----.~:-:;:.-;/./' " ,', ,~:)~::::.I:.:'-:.: '.-:; ~',:'> :/ "'////:-- /->:,;/ /) / .~ ;;~~: ,/ ./ ".: f1/ / ' ""/' /' / .,.. /' / ~"'~O~ /' ./ "."/ ",.,.'::?": '/ ,// "'., itO~ ';,.- {:,.::~"t \ ,//':;~ . ,','I. ~" ,c."'" ~,,;;..'.~~~~ m'\~ \J.'" ;;t' '\\l "~ ~ UX' 'tl ?= ~ 4 ts z , '\u :..J ~. '~/:i>':! ;~>- "',.,j;; ,o~r. ~' ,,",, ~.. '^ ',"" ~,' , ""(,"'0'.-_-"': ..~ ^ ("') MBII>RANDOM DATE: Tom Newland, County Engineer Steve Burstein, Planning Office Siegel/Mill er 8040 Greenl ine Review May 14, 1986 TO: FROM: RE: ======= =================='============== =========================== Attached is an application submitted by Gary Wright on behalf of his clients, the Siegels and Millers, requesting 8040 Greenline Review for the construction of two single-family houses on Lots 3 and 5, Sunny Park North Subdivision respectively. Access to the houses is proposed along the Salvation Ditch where it intersects the Smuggler Mtn. Road at the second switchback. The Ditch then runs through Pitkin County owned land before entering the City's right-of-way along Park Circle, then Lots 5 and 3. Please note the vicinity map attached and the "Draft Driveway and Utility Easement" within the Siegel portion of the application. I would appreciate your comments no later than May 19, 1986. SB.12 ^' (""1 March 27, 1986 c c As I indicated to you today, the highest floor elevation in the house is at elevation 8026, making the highest point of water delivery, a shower head on that floor, to be at elevation 8032, below the 8040 line. f t'.. I .' ~ rJ ~ .' i1 ~ (, .~ ~: ., !,'t ? .;./ ~ ~ i1! '~ i i * f.i ii,' }.;, }. ;> 'i.' ~, r Jim Markalunas City of Aspen Water Department 130 So, Galena Aspen, CO 81611 Dear Mr, Markalunas: I met with you in your office today to discuss a client of mine who is contemplating building a single family residence on Lot 3, Sunny Park North Subdivision in the City of Aspen. The subject property and proposed construction on it is close enough to elevation 8040 ft. to necessitate 8040 Greenline review, One of the review criteria is whether sufficient water pressure can be provided to the house, You indicated that providing water at sufficient should be no problem and that water at a pressure of about 50 p.s,i. could be anticipated. In order to expeditiously process this application for my client. I ask that you confirm our conservation of today in writing to me, with whatever conditions for this specific site you deem appropriate, such as water meter location as you suggested, ~, . J: -.f' ~~ ?, , Thank you for your assistance. S~7ii&~~ Peter Dobrovolny ~ ;, , Peter Dobrovolny AlA drawer 340 old snowmass CO 81654 ~ - I " 927-3369 ,'"j..,\ -, ^ t"'\ ) MEK>RANDUM FROM: Peter Dobrovolny Steve Burstein, Planning Office Siegel/Mill er 8040 Greenl ine Review May 14, 1986 TO: RE: DATE: =========================~=========================~======~====== At the site meeting on May 8, 1986 you requested further information on items of concern that the Planning Office has identified at this time for the development proposals on Sunny Park North Subdivision Lots 3 and 5, Following are the items for which the Planning Office and Engineering Department need responses by May 19 or I will be unable to review this project for the June 3, 1986 Aspen Planning and Zoning Commission meeting: 1. Geotechnical st udy including (a) analysi s of the ground instability potential on the sites and (b) feasibility of foundation design serving as a retaining structure, submitted to the Engineering Department by May 19,1986. 2. fobre detail ed information on the vegetation techniques and schemes proposed on Lots 3 and 5 to ascertain that the pI ans will wor k submitted to the Engineering Department by May 19, 1986. 3. Visual impacts analysis submitted to the Planning Office by May 19, 1986. It has been noted that neither house substantially steps back along the hillside, show significantly reduced heights or bulk from the Area and Bulk Requirements of the R-15 (PUD) zone district, attempt clustering as allowed in PUD, nor have roof lines that approximate the slopes of the hillside. There are some of the possible measures that would reduce visual impacts. I request that photographs from several important perspectives in the city on which the buildings are superimposed (or a similar perspective study) be submitted to the Planning Office. I would like to take th~ opportunity to mention other areas of concerns which are in theprocesB of being reviewed by the Planning Office and referral agencies. There may be additional information on these matters that you or Gary Wright would like to give to the Planning Office, but I am not requesting specific response at this time. 1. Access to Houses: Easements across Pitkin County and Ci ty of Aspen property and along the Salvation Dit ch. --..- ^ ~ A "draft driveway and utility easement" has been submitted within the Siegel portion of the appli- cation. It is being reviewed by the County Engineer, City Engineering.Department, and City Attorney. 2. Issue of how to meet the long-term priority of a "pedestrian/Bicycle/Nordic Trail following Salvation Ditch from the Aspen Club to Hunter Creek Trail" (p.38 Aspen Area COJllprehensi ve Plan: Park/Recreation/Open Space Trails Element, July 1985) Note: It appears that the applicants have no intention to accommodate a trail along the Salvation Ditch through Lots 3 and 5, nor offer any alternatives to that alignment. 3. Fire protection standards for water flow, length of driveways, turn radii and wildfire mitigation. The applications have been referred to Jim Wilson, Fire Marshall and comments have not yet been received. Jim Markalunas' comments are attached. 4. Steepness of slopes as relates to site disturbance, excavation, stability, drainage and erosion. Statements have been made by the applicants that all of these concerns would be minimal and some mitigation measures are di scussed. cc: Jack Kerr, Colorado National Bank, Glenwood Springs Gary Wright, Attorney Jim Gibbard, Engineering Department Jim Wilson, Fire Marshall SB . 514 ^ ~ MEHORANDDM TO: Sunny Vann, Planning Office FROM: * Jay Hammond, Engineering Office DATE: Hay I, 1980 RE: Sunny Park North Lots 3 and 5, Exemption from Mandatory P.D.D. Having reviewed the above application and made a site inspec- tion, the Engineering Department has several comments regarding the application. First of all, the applicants reference to previously approved exemptions from mandatory P.D.D., specifically lots 2 and 4 of the Hoag Subdivision is not entirely appropriate due to notable differ- ences in the two siteS. Both lots in the Hoag Subdivision are in an area of good water service, both lots are far less obtrusive than the Sunny Park North sites, and the slopes on lots 2 and 4, while subject to the fringes of snowslide activity, are inherently more stable due to well establish~d pines on both sites. Secondly, both Sunny Park North lots are subject to 8040 Greenline review and th~applicants contention in an earlier let- ter dated June 8, 1979 that the 8040 Greenline was principally intended "to protect the environment and visual integrity of Aspen l1QuM:ajcn" . l~ .ir1~p1:'1:'~f-l:.' The.En9'in~E;rin.g'Depi.i.r't.men.l:.a.lso has several problems with thi; aPl?lication i.nt.e:P~s. .cif the specific criteria of both the P.LI.D. alIa ~04()!Glf!i;~nlinea!';:ff9g(}",s: A!';. Il(}J:e.O! .iIl<jll\e~g7~na)uI1L flfo!11 gim Hcu;kaltlna~<:l.at:edgtlly 9, 1~79, .wat.er'i;lervice to the Duildlng site is niaiginal due t.<> their 11 It it:1.ld.e . Trafff? on pa;rksJ-rf1e}-s a.rready parHcularl:( heavy. The County has r>roposed ini:erconIl~~tiIlg the dead-end a~ it now exi~ts ar(}und the trail~r park into the Spruce Street area in all attempt to relieve congestion through- .out the area. Construc.tion of two additional duplexes would only serve to increase the existing problems. The development plan fails to adequately sho", 11m" pro- posed cut and fill to accomodate the road and buildings will be accomplished. I am inclined to feel that sub- stantial cut and fill would be required resulting in re- duced soil stability, possible erosion problems due to removal of vegetation, and a substantial visual impact. Inclusion of retaining walls and/or rip-rap type slope stabilization .Viould. rep1.l1t in S1.lbstcmtial site distur- bance and, due t6 the highly visible nature of the lots, considerable eyesore. In view of these concerns, the Engineering Department recom- mends denial of exemption from mandatory P.D.D. for lots 3 and 5 of the Sunny Park North Subdivision, We also feel that, should the applicant wish to pursue this construction, that he submit a more detailed development plan addressing the above concerns and be subjected to both P.D.D. and 8040 review. 1) 2) 3) . ,-. , t'"1, MEK>RANDUM FRO~I: Karen McLaughlin, Assistant City Attorney Steve Burstein, Planning Office Siegel/Miller 8040 Greenline Review TO: RE: DATE: May 14, 1986 ---------------------------------------------------------------- ---------------------------------------------------------------- Attached is the "Draft Driveway and Utility Easement" prepared by Attorney Gary Wright to accomplish access to the proposed building sites on Lots 3 and 5 of the Sunny Park Subdivision. A vicinity map showing the Salvation Ditch along which the access easement would be created is also attached. I request your opinion with regard to the legality of the easement and whether further documentation is necessary to demonstrate proof of access to the building sites. If you would like additional background information on this case, please call me. 5B.13 ( . \ \ "- "" "" ---'\. - /E LCJC?P - ~:- n I ~ ; -.;;; " "- '\ \ \ \ \ \ \ \ \ "- "- "- "" " ~o '''..... "-;90 ~ <\ .... ... vlY4'G'G'L E/( ,,~\ ",-------- ( . ""'" '- \ . r-- \ -",,- \ \ \ \ \ \ . \ '\ J "" / "'" / \ / \,. '. \ .'\;-......-- \). - \~\\ \"'<;>, \ ~~ \ \'S~".;. ~~\ _.. '\ -'" - ....,,~ .. ""A"Z. \ \ ""- \ \~~~ \ \"'-:- .......'.)~. "<'/' "3.. c = ~ ":l;;> ~ ~ ~ ~ "> ""A/A'E,f' ---//.r...",o'Y """"o-/YTY -....... . , ........ "'" " .l~' . A'~ . ,I I" "''''WE", ,.,I ,iV-'1YA'E' '00 J'/YE.J'/X '0' ~14 ~qT S Jdlt~7/(),.y ~C}<"':'UHL' "'......A'E-1' :..../b'C5.1r..r.' ~A'~4'UcT ~LUB L",?,,,, ..... -::;x, <'::> ~ '" L"'?' 3 ~)C/.lYE...r h~Q"..y..rd/...v /...yJ-"....-...rT~/'.:f"...yT 'P.Jv'..-Y..:.""--f" r'E/Y,yy EWlNS .~:.: . '\ /"A-1'CcL Oc/NG T'" It.:!>T 7 &, A, T.:!> T//c C/TY.:? "'/V/YE'" ~T...r;~,... ccu..v IV 4.z....l"t1~.;V /..,,' S4S.2/'",!)"W 4S~ .:--e: '9..i 1 I V f" J " I M I I I f ,......., (j April 4, 1986 City and County Planning Department City of Aspen 130 South Galena Aspen reI 8040 Greenline Review application for Siegel residence, Lot 3, Sunny Park North Subdivision, submitted April 1, 1986 Attached are copies of a letter from the City of Aspen Water Department to be included with the above application. ~~2. 1 reltJ 'l~ it/M ; eter Dobrovolny Peter Dobrovolny AlA drawer 340 old snowmass CO 81654 ~ 927-3369 ~ ..-" ~ ASPEN WATER DEPARTMENT MEMORANDUH TO: FROM: SUBJECT: DATE: STEVE BURSTEIN, PLANNING OFFICE JIM MARKALUN1\S LOTS 3 & lSUNNY PARK APRIL 14, 986 " In 0 of April 10, 1986, we have indicated as stated in your a hed letter, that water would be available to Lot 3 of Sunny Park. In respect to the structure to be located on Lot 5, which appears to be below the 8040 line, this structure can receive water from the Water Department provided it meets the same conditions as set forth in our letter of April 1, 1986 regarding Lot 3, and that is, the owner will be responsible for the water line from the point of attachment at the water main located in Park Circle. The meter must be located at or near the property line. The water line should also be sleeved where it passes under the Salvation Ditch. Exhibit B (drawing showing Topo line and location of house on lot) is not entirely clear as to what portion (if any) of the house might be above the 8040 line. I assume that the top left of the drawing represents a profile. This profile is not clear as to the 8040 line. In attempting to interpret the drawing, it appears that the fixtures in the bedroom would be at or near the 8040 line. Therefore, the pressure would be adequate for residential purposes. City water main pressure should be approximately 40 psi at or near the 8040 elevation. However, we cannot guarantee this pressure because of other influences such as house plumbing and service line friction losses. In summation, the same special conditions should apply to both lots 3 & 5. The applicant may apply for a water tap permit in accordance with standard procedures. JM:ab r-\SPEN/PITKIN PLANNING OFFI~. .' . . . .. .... .. . . I, ...~ . 130 S. Galena Street ' Aspen, Colorado 81611 (303) 925-2020 'f~ l::obr-(yJ6!(j ~~~ ~IL~ RE: ~ V> ':z,.~:; - ~.! ~~'\ O"'~'L ''--h~l- ".i'1> '-(" C'-'-i' " \'" Dear ~;fe V This is to inform you that the Planning Office has completed its preliminary review of your <Cclt!, (.;V-r$.n!i'/'VL application for complete- ness. We have determined that your application Y is complete. is not complete. The additional items we will require are as followS: Disclosure of ownership (one copy only heeded) . Adjacent property owners list (one copY' only needed). Additional copies of entire applicatiO'fl. Authorization by owner for representative to submit application. Response to the attached list of items demonstrat- ing compliance with the applicable policies and regul ations of the Code, or other specif ied material s. A check in the amount of $ _ is due. ~- A. Since your application s complete, we have scheduled it f or rev iew by the ' n ill /I^c:; .o..() . We will be calling you i e need any additional information prior to that date. In any case, we will be calling you several days prior to your hearing to make a copy of the revie~randum available to you. please I'lOte that it (is) is not your responsibility to post your property with a sign, c we can provide you. B. Since your application is incomplete, we have not scheduled it for public review at this time. When we have received the materials we have requested, we will be happy to place you on the next available agenda. Please feel free to call S~t Rrs-t.eJtYl , who is the planner assigned to this case, if you have any questions. Sincer ely, ASPEN/PITKIN PLANNIN'G OFFfcE MtU<..7?t~ k J~;P~ ,'..~.,,-","' ,-' ~... ,'';'>'''~&''M''_ .. -.W...."_...."""_~_,~_U"_._ ,C:.W' t"", N LA W OFFICES WRIGHT & SCHUMACHER JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE 106 ASPEN. COLORADO 8161 1 GARY A. WRIGHT B. LEE SCHUMACHER ALLEN H. ADGER DA VID I. MARSH TELEPHONE 303-925-5625 3 April 1986 Steve Berstein Planning Office City of Aspen 130 South Galena Aspen, Colorado 81611 Re: 8040 Greenline Review for IDts 3 and 5 Sunny Park N:>rth Subdivision, City of Aspen, Pitkin County, Colorado Dear Steve: I am writing to request that the attached Application in behalf of the Erniths be revie~ concurrently with the Application of Barry and Sharon Siegel on IDt 3. I am the representative of both the Erniths and the Siegels in the purchase of this property fran Colorado National Bank and althou::Jh Peter Dobrovolny prepared the Appliction in beha1f of the Siegels you are authorized and instructed to inc1trle me in all ccmnunications regarding either Application. I realize that this is a very busy time of the year and many Applications are pending. I would request your help and I will offer my canplete cooperation to have this Application presented as soon as is reasonably possible. I am infonned that the earliest date is May 21st but I would appreciate anything you could do to schedule an earlier review. If you have any questions or require additional information please give me a call. Sincerely, Wright & Schumacher rr;'M~ G1\.W/vs Encl. co: Robert and Glenda Ernith Barry and Sharon Siegel Peter Dobrovolny ,Jack Kerr, Vice President GEOPHYSICAL & GEOTECHNICAL SUBSIDENCE INVESTIGATION FOR LOTS 3 & 5, SUNNY PARK NORTH SUBDIVISION ASPEN, COLORADO May 1986 Client: Colorado National Bank P.O. Box 520 Glenwood Springs, CO 81602 Prepared by: Western Engineers, Inc. 2150 Highway 6 & 50 Grand Junction, CO 81505 [W.O. II 1656] ,7 I. I i ~i,1 ,i WORK SCOPE AND STUDY PLAN The purpose of the investigation summarized herein was to attempt to identify subsurface mine workings beneath Lots 3 and 5 of the Sunny Park Subdivision in Aspen, Colorado, and evaluate the effect that any identified cavities may have on proposed residential structures for the two lots. The purpose of this investigation also included making a preliminary evaluation of soil conditions in order to determine whether it will be possible to construct adequate foundations for the proposed structures. The originally-envisioned study plan generally consisted of the following: 1) Perform a detailed gravity survey to identify any low gravity areas that may indicate the existence of cavities. 2) Perform seismic refraction and normal resistivity surveys at several locatious across the, site to obtain general information on the overburden character and depth as well as depth to water table. 3) If any suspicious anomalies are revealed by the other methods, perform Bristow resistivity surveys in those areas to try and further identify the cause and location of the gravity anomalies. Although areas of low gravity readings were encountered investigation, time and weather considerations prevented use of method for further investigation of those areas. during the the Bristow -1- ", GEOPHYSICAL SURVEYS Microgravimetry Method: Precise gravity measurements were taken at grid points covering most of Lots 3 and 5. The grid points were set by survey methods on IS-foot centers. Elevations of the grid points were determined to the nearest 0.01 foot by differential leveling. ~ Gravity measurements were taken with a LaCoste & Romberg, Model G Gravity Meter, No. 735. Measurements were repeated at an arbitrarily chosen base station at approximately I-hour intervals. The times of all readings were recorded so the measurements could be corrected for the drift in the measured gravity detected at the base station. The elevation of the instrument was measured to the nearest 0.01 foot from the grid point stake. The position of the instrument relative to the grid point was noted to the nearest 0.5 foot. The instrument was placed as close as practical to each grid point. The average elevation of the ground surface within 3 feet of the instrument was also measured. The elevation of the instrument and the ground surface in the vicinity were used to correct the gravity measurements for the free air and Bouguer anomalies, respectively. The gravity measurements were corrected for drift, latitude, free-air, and Bouguer anomalies and then plotted on the grid map. Grid points for which gravity measurements were obtained are shown on Figure 1. Limitations: The magnitude of the effect that subsurface mine workings would have upon gravity measurements was expected to be in the range of 20 to 100 ~als. The procedures used in the field were adequate to obtain measurements accurate to 10 - 15 ~als. Gravity variations in the range expected for the mine workings can -2- be caused by other subsurface conditions; for example, variable overburden thickness over bedrock, overburden layers of variable thickness, lateral variations in the overburden material, and variable depth to water table. The interpretation of gravity data is then dependent upon knowing which of these conditions are preBent and to what extent they influence the gravity measurements. The gravity data obtained at the site was refraction and electrical resistivity soundings conditions effecting the gravity measurements. supplemented with seismic to estimate the subsurface The gravity measurements obtained varied several hundred J\gals across the site and therefore, were not in themselves conclusive about whether mine workings exist beneath the site. The range in the gravity measurements was caused primarily by the variable thickness of low density bouldery glacial deposits over denser glacial deposits indicated by seismic refraction data. Also, lateral variations caused by the bouldery and heterogeneous nature of the overburden is believed to have contributed significantly to the variability in the gravity measurements. Seismic Refraction Method: Seismic refraction lines were run at four locations on the site to provide data on the depth and nature of the overburden. Two of the lines were 150 feet long, the other two were 100 feet long. The locations of the seismic lines are shown on Figure 1. The interpretations of the seismic data are shown on Figures 2 through 5. The seismic refraction method permits calculation of depths to near-surface soil and rock layers by determining seismic velocity variations between layers. The survey is performed by producing seismic waves at varying distances from the ends of a line and measuring the time of arrival of the wave at each end. In this survey the seismic waves were generated manually with a sledge-hammer -3- equipped with a switch to start a timer in the seismograph at the instant of impact. Arrival times were detected by geophones at each end of the line and measured in milliseconds. Several times were measured to each geophone from each hammer station to obtain a good average and reduce error. On a time-distance graph plotted from the data, each subsurface layer is represented by a straight line segment representing a constant velocity. Compressional wave velocities of these layers are equal to the inverse slopes of the line segments. Depths to increasingly high velocity material can be calculated from the locations of the velocity breaks on the graph, or by time differences between arrivals to each end of the line. The latter method can be used if there is an' overlap between readings to either end from the same velocity layer. This enables the calculation of the depth to the velocity interface beneath each hammer station in the overlap, and provides a profile of the interface over a segment of the center of the seismic line. Limitations: The organization of seismic refraction surveys and the interpretation of the data are generally well-established and straight-forward. There are, ~owever, no inflexible approaches to interpreting the data, and ambiguities and un..."rtainties are common. There are also two major potential problem areas inherent in the method: velocity reversals and blind zones. The velocity reversal problem exists when higher seismic velocity material overlies lower velocity material. Refraction data analyses are based on the assumption that seismic velocity increases with depth. The blind zone problem is the inability of the method to discern the existence of layers because of insufficient velocity contrast or thickness. Results obtained from shallow refraction investigations are useful because they rapidly provide information on the bedrock configuration and can be used as a guide for subsequent drilling. Due to the problems mentioned above, it is normal practice to use exploratory drilling in conjunction with the seismic survey in cases where accuracy is essential. Also, it should be remembered that the results of refraction analyses are depths to velocity interfaces and not -4- 1:; '3', necessarily depths to soil unit boundaries. Inherent limitations in the seismic refraction method increase the ambiguities in interpretation, and decrease the accuracy of the results obtained. Ambiguities and uncertainties in interpretation commonly cause errors in calculated depths of 10 to 25 percent. Results: The seismic refraction data indicated two distinct overburden units over bedrock. The upper or surface unit consisting of bouldery glacial deposits had an average velocity of 1225 fps (feet per second) and ranged from 1160 fps to 1300 fps. The depth of the upper unit ranged from 8 to 16 feet on an undulating contact. The second unit had an approximate average velocity of 2300 fps, which ranged from 1900 to 2825 fps. The velocity of this unit is too low to be bedrock and was interpreted as older glacial deposits. At the lower end of the site (SL-2) the second overburden unit had a velocity of over 3200 fps indicating it was partially or wholly saturated and the velocity interface was interpreted as water table. The seismic data indicates bedrock at of the stte and 40 feet at the lower end. 7350 fps. a depth of 60 feet at the upper end The velocity of the bedrock averaged Electrical Resistivity Electrical resistivity soundings were conducted near the locations of the four seismic lines. The data was used to corroborate the seismic data and to determine if lateral variations occur in the overburden which would affect the gravity measurements. Method: Electrical resistivity sounding methods are based on the differences in the resistance to electrical current flow of different earth materials. Resistivity is a unit volumetric measure of resistance. In earth materials the degree of -5- '*., I I::: " ';". saturation, the presence of dissolved conductive solids, these solids within a soil or rock matrix or the presence all effect the resistivity. and the mobility of of voids or cavities Field measurements' are taken by the placement of two current electrodes through which an electrical current is introduced to the soil, and two potential electrodes which measure the drop in potential of a distance between the current electrodes. For this survey the spacing (nA" = distance) between the electrodes was equal. This is called the Wenner Array. In addition, a potential electrode was placed at the center of the array and measurements were made from it to each of the other potential electrodes. This is called Lee Partitioning and allows for detection of lateral variations in the resistivity of the soil. The apparent resistivity is then calculated by the formula: V R=27rA- I ,I "I il where ViI is equal to the resistance across the potential electrodes according to Ohm's law. By progressively increasing the "A" distance of the array the depth of penetration is increased, being approximately equal to the "A" distance. The field measurements were interpreted by apparent resistivity plots, and as Barne's layer values. The later is an empirical method. plots are found following the discussion as Figures 6 through 9. depth These Results: The resistivity data were not quantitatively interpreted in terms of depths to anomalies. Instead, visual confirmation of resistivity anomalies with seismic depths were made. Also, the Lee Partitioning plots indicated considerable lateral variation in the overburden materials, which is believed to have contributed to the variation in the gravity measurements. -6- f~. CONCLUSIONS The results of the gravity survey were very erratic with a number of anomalous areas indicated. The anomalies included areas of both high and low gravity readings. For the purpose of this investigation only, the areas of low gravity readings were c.onsidered since they would indicate the possibility of subsurface cavities. However, it should be noted that an area of very high gravity readings was encountered along the north boundary of Lot 5. The reason for this anomaly is not known. The locations of these low anomalies are shown on Figure 1. A total of 10 low gravity anomalies were encountered as shown on Figure 1 -- 6 on Lot 5 and 4 on Lot 3. These low gravity areas can be caused by conditions other than underground cavities. Some of these conditions may include variations in subsurface horizons such as the overburden bedrock contact or the contact of two different soil layers, isolated areas of low density material, and buried channels. The concern at this site is based on the possible existence of tunnels. Tunnels should be indicated by the survey as roughly linear trends of low gravity readings. Of the 10 low gravity anomalies, it was seen that 4 were very isolated and localized -- limited to a lO-foot radius area or less. The remaining 6 low gravity anomalies showed a somewhat linear trend. However, of these 6, 4 were found to be completely surrounded by areas of higher gravity readings and were limited in length from 30 to 45 feet. The two remaining anomalies exhibiting somewhat linear trends were found at the limits of the survey, one along the southern boundary of Lot 3, and one along the western boundary of Lot 5. In order to obtain background information on the mine workings in the area, we had several discussions with Mr. Steffan Albouy, a local miner. Mr. Albouy is currently working mines in the area and has the original records of both the Smuggler and Molly Gibson Mines. He provided information on the most likely general trend of the main tunnels and drifts, the probable maximum size of the drifts and stopes, approximate depths to water table, and generally how close the mine workings could be expected to come to the overburden-bedrock contact. Based on this information, the ,most probable trend of tunnels from the Moliy Gibson Shaft No. 1 which could impact the two lots runs SW-NE from the shaft on Lot 7, crossing the lower elevations of Lots 3 and 5. This area is indicated on Figure 1. Mr. Albouy also indicated that there is a possibility of drifts extending from the main tunnel toward the lots. However, he was doubtful that -7- this would be the case. Mr. Albouy indicated that the drifts were generally about 5' x 7' in dimension and the stopes would be less than 15' in width. He expected that the water table would be about 10 feet below the level of Park Circle. In consideration of the information provided by Mr. Albouy, only one of the low gravity anomalies which exhibited a linear trend would conform to the expected trend. This is the one along the west boundary of Lot 5. However, this anomaly is limited in extent to the area below the ditch pipeline where no construction is proposed. The anomalous area along the south boundary of Lot 3 originates south of the site and trends in a direction completely inconsistent with that anticipated based on Mr;Albouy's information. It should also be noted that, of the anomalies which exhibited linear trends, 4 were found to run in a north-south direction similar to the one along the south boundary of Lot 3. These directional trends are all very inconsistent with Mr. Albouy' s information. However, their direction is nearly paral~el with the valley and would be very consistent with alluvial and/or glacial features. The general conclusion drawn from the gravity survey was that, while numerous low gravity areas were encountered, only one is consistent with the direction and ~rend expected based on the information available. This was an area along the weot boundary of Lot 5, trending NW~SE and limited to that part of the lot below the ditch pipeline where no buildings are anticipated. This conclusion was based on the limit, isolation, trend and location of the anomalies. As was previously discussed, the results of the gravity survey were much more erratic than was expected. The most probable reasons for this variability was indicated by the seismic refraction and resistivity surveys. These surveys showed two layers of glacial deposits overlying bedrock. The contact between these two layers was found to be undulating. Along seismic line 4. the variation in gravity readings correlated very well with the indicated horium between the two soil layers indicating that this contact significantly influenced the gravity readings. However, the correlation with the other 3 seismic lines was not as good which indicated that other factors than variations in this horizon contributed to the gravity variations. It is expected that the -8- (~ overburden-bedrock contact is also irregular. Based on surface observations plus geologic knowledge of the glacial deposits in the area. the overburden is very bouldery and heterogeneous. It is also likely that the glacial deposits (especially near the valley bottom) will be intermixed with soils of both alluvial and colluvial origin. The resistivity soundings revealed that the soil conductivity varies unpredictably with both depth and lateral extent. This combined data indicates that the erratic results of the gravity survey were due to the extreme heterogeneous nature of the overburden soils along with the undulating character of the contact between the two soil layers as well as the overburden-bedrock contact. Because of these wide variations, it was difficult to make any reliable and conclusive interpretations based exclusively on the gravity measurements. At the beginning of this project. we anticipated that anomalies would be encountered which mayor may not indicate the presence of subsurface cavities. The original work plan included closer examination of any suspicious-appearing anomalies using specialized resistivity techniques. However, due to time limitations based on the submittal deadline and adverse weather conditions which limited the field work, these resistivity surveys were not performed. Seismic refraction surveys and normal resistivity soundings were made at several locations across the sites. The results of these measurements are shown on Figures 2 through 9. The seismic data indicated that the upper soil layer is somewhat less dense than the lower layer and is between 8 and 16 feet thick. It was also found that the depth to bedrock for the portions of the lots higher in elevation than the ditch pipeline are underlain by between 55 and 60 feet of glacial till overburden. The area closer to the valley bottom below the ditch pipeline was found to have approximately 40 feet of overburden. The seismic wave velocities encountered during the seismic surveys indicated that the overburden soils are very dense -~ particularly the lower one. The estimate of bulk specific gravity' of the soil including voids and moisture based on the gravity measurements was 2.54 -- also indicating a dense, well-consolidated soil. The resistivity soundings confirmed the existence of 2 previously discussed, they also revealed lateral variations which helped to explain the erratic gravity readings. soil layers. As in soil character -9- Based on the information provided by the seismic and resistivity data, it was possible to estimate soil strength characteristics and make an evaluation of the impact which a subsurface tunnel, of the dimensions indicated by Mr. Albouy and located at the bedrock-overburden contact would have on a residential structure on the surface. The glacial soils at the site are dense, bouldery, clayey materials and could be expected to possess strengths on the order of 500 Ibs/sq.ft. for cohesion and an internal angle of friction of 35 degrees. Using these estimated soil strengths along with a maximum cavity width of 15 feet, the critical depth was found to be about 25 to 30 feet. This means that cavities below this depth, 15 feet in width or less, will have negligible impact on the surface. At these depths, the influence of the load applied by the structure foundation is very small compared to the soil loads. For mine workings located at the 50-foot depth, the safety factor against surficial subsidence caused by a mine collapse is about 1.5, based on this analysis. A 1.5 safety factor means that the forces resisting subsidence are 1.5 times greater than the forces tending to cause subsidence. Although the gravity surveys indicate the possibility of a mine tunnel on Lot 5, the erratic nature of the readings proved inconclusive. The overburden depth and character indicated by the seismic surveys provided adequate information to evaluate the possible effect that a mine tunnel of the maximum dimensions indicated by Mr. Albouy located at the bedrock-overburden contact would have on the surface. We consider the safety factor of 1.5 adequate for safe foundation support on the surface at the site. Based on the information provided by Mr. Albouy, we believe this to be a conservative number. He indicated that it was very unlikely that a continuous tunnel as wide as 15 feet would exist. A small decrease in the tunnel width would significantly increase the safety factor. Based on the investigations discussed herein, it is our opinion that' the subsurface conditions at the site, along with information provided by Mr. Albouy, indicate that there is no significant risk to structures built on Lots'3 and 5 due to collapse of subsurface mine workings. Since one. possible tunnel was identified along the west boundary of Lot 5 using the gravity measurements, we recommend that no structures be built on that portion of Lot 5 below the ditch pipeline unless further investigations are made. -10- ~\ The general character of the overburden at the building sites revealed by the geophysical surveys indicates that, based on soil character considerations, adequate foundations can be constructed at the anticipated building locations for the proposed structures. We do recommend, however, that a site-specific subsurface soil inv!!stigation be performed for each building site to provide more specific data for foundation design -- such as soil bearing characteristics and lateral loads for high retaining walls. It may be possible to perform these investigations after the building site has been prepared. Submitted by: WESTERN ENGINEERS, INC. ~b!kt( Lawrence E. Violett Engineering Geologist ~~ Bruce D. Marvin, P.E. 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