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Home My WebLink Aboutho.deter.04.2008RECEPTION#: 547997, 04/01/2008 at 11:50:00 AM, 1 OF 5, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE GSS PROPERTIES LLC STTE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER STTE AND CARETAKER DWELLING UNIT Determination No. ~-2008 RECITALS I) GSS Properties, LLC (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") to obtain Site Plan approval to construct a caretaker dwelling unit within the previously approved building envelope. The Applicant is also requesting special review approval and GMQS exemption to utilize one TDR to develop an additiona12,500 square feet of floor area to accommodate the caretaker dwelling unit, garage and additional storage space. The parcel is within a designated scenic view protection area as seen from Highway 133. 2) The property is located at 8888 Highway 133, and more specifically described in Exhibit A. 3) The parcel contains 55 acres and is conforming in size in the RS-30 zone district. 4) The BOCC granted 1041 hazard review and conceptual submission approval pursuant to Resolution Nos. 94-199 and 95-231; these approvals contemplated construction of a new single family residence and deed restriction of the existing residence as a caretaker dwelling unit. The vested rights expired and the Hearing Officer subsequently granted a new approval, pursuant to Determination No. 99-15; the site plan was recorded in Plat Book 51 at page 4. This approval contemplated expansion of the existing residence as the primary residence, rather than using it as a caretaker dwelling unit. The Hearing Officer granted an amendment to the approval to permit the pond and other landscape entry features to be completed and to permit two livestock shelters to be constructed, pursuant to Determination No. 40-2001; the amended site plan was recorded in Plat Book 60 at Page 38. The Community Development Director approved a third livestock shelter, pursuant to Administrative Decision No. 56-2002. The remodeling and expansion of the residence is complete, and a barn and two of the livestock shelters have been constructed. The existing residence and garage contain 5,241 square feet of floor area; the barn contains 3,745 square feet. 5) The Hearing Officer heard this application at a duly noticed public hearing on March 18, 2008, at which time evidence and testimony were presented with respect to this application. 6) The Director finds that the proposed Site Plan is consistent with the applicable requirements of the Land Use Code, and that the proposed structure is exempt from the Scenic View Protection standards as it is not visible from Highway 133. 7) The Hearing Officer further finds that the request complies with the applicable provisions of the Land Use Code, as follows: A) The use of one TDR on the site is appropriate, based on compliance with the special review criteria. B) The proposed caretaker dwelling unit complies with the applicable provisions of the Code. Determination No. ~-2008 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the GSS Properties LLC Site Plan Review, Special Review and GMQS Exemption for TDR Receiver Site and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The conditions of Hearing Officer Determination Nos. 99-15 and 40-2001 and Administrative Decision Nos. 56-2002 shall remain in full force and effect, except as amended herein. 2. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 3. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 4. At building permit application for the caretaker dwelling unit, the Applicant shall sun•ender one TDR Certificate and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificate (if applicable), in order to develop up to 8,250 square feet of floor area. 5. Prior to issuance of a building permit application for the caretaker dwelling unit, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable, to the Environmental Health and Natural Resources Department. The water supply shall be demonstrated to be adequate for two dwelling units. B. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. C. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. D. Obtain a County access/driveway permit for improvements to the driveway. E. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. F. Submit a construction management plan for review and approval by the Planning Engineer showing the locations of staging, material storage and employee and construction traffic parking. G. Pay the applicable road and employee housing impact fees. H. Obtain a permit for the on-site wastewater disposal system for the cazetaker dwelling unit. The system must be designed by a registered professional engineer. I. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. 6. The Applicant shall comply with the following wildfire mitigation standards, in addition to those specified in Determination No. 99-15: A. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A roof assembly. 2) Alt roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. Determination No. i -2008 Page 3 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Mazshall prior to submittal of a building permit application. B. An automatic fire sprinkler system shall be installed in the caretaker dwelling unit. 7. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 8. The Applicant shall comply with the Pitkin County District Court order dated November 18, 2003 in Case No. OICV 124, which permanently restrained GSS Properties LLC from "storing, mixing, applying or disposing of pesticides, herbicides, fertilizers or chemical compounds on the property in any manner that may pollute the town's water supply." This permanent injunction against these activities was sustained by the Colorado Supreme Court on October 15, 2007 in Town of Carbondale v. GSS Properties, LLC, 169 P.3d 675 (Colo. 2007). 9. The caretaker dwelling unit shall be limited to 1,000 net livable squaze feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. A minimum of one off-street parking space shall be provided for the unit. The Applicant shall provide two off-street parking spaces for the cazetaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 10. Concurrent with recordation of the Site Plan, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction and prior to issuance of a building permit. The Housing Office may inspect the unit. 1 l . No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 12. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on March 18, 2011. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Determination No. 7 -2008 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 17`" day of February, 2008. APPROVED AND ADOPTED this 18`s day of March, 2008. PUBLISHED AFTER ADOPTION F VES ED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the CD day o~ 2008. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITK IN COUNTY, COLORADO ATTEST: gy ~ ~~ James R. True, Hearing Officer Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: a John E , un ney /Date 3 2 0 ~ APPROVED AS TO CONTENT: ~~~ ~~~ Cindy Houben, Community Development Director P007-08;PID#264910100021 Our Order No. Q383230 LEGAL DESCRIPTION H.E. SURVEY NO. 90, EMBRACING A PORTTON OF SECTION 10: TOWNSHIP 9 SOUTH, RANGL- S8 WEST OF THL• STXTH PRINCIPAL MERIDLAN, COLORADO, MORE PARTICULARLY BOUNDED AND DESCR?BED AS FOLLOWS: BEGTNNINGAT CORNEA N0. 1, FROM WHICH THE CORNER OF SECTIONS 2, 3, JO AND 11. SAID '1'O W NSHIP AND RANGE, BEARS NORTH 8 DEGREES 03' F 1ST ?9.57 CHAINS DISTANT: THENCE SOUTH 13 DL-GREES 11' EAST 11.01 CHATNS TO CORNER NO. 2; THENCL- SOUTH 56 DEGREES 27' WEST 25.65 CHATNS TO CORNER NO. 3; THENCE NORTII 35 DEGREES 03' WEST 24.42 CHATNS TO CORNER NO. 4; THENCE NORTH 74 DEGREES 50' EAST 3.48 CHAINS TO CORNER NO. 5; THENCE NORTH 0 DEGREES 1.9' EAST 3.G CFIAINS TO CORNER NO_ G; THENCL- NORTiI 89 DEGREES ] 3' EAST 29.58 CHATNS TO CORNER N0. 1, THE Pt,ACE OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO 00002 RECEI'~,'ED TIME JUN. ?, E: SSAM