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HomeMy WebLinkAbout20080827crownMEMORANDUM TO: Board of County Commissioners Regular Meeting -August 27, 2008 b~~J ~~~ THRU: Cindy Hou n, ommunity Development Director FROM: Suzanne Wolff, Senior Planner RE: Crown Amendment to Development Permit SUMMARY: The Applicant is requesting to amend the approved "Building and Structure Envelope" to permit an existing uncovered outdoor sitting area to be covered and a patio to be enclosed to be used as an art studio. APPLICANT: Susan Crown REPRESENTATIVE: Alan Richman LOCATION: 2298 Owl Creek Road ZONING/LOT SIZE: The parcel contains approximately 4 acres and is nonconforming in size in the AR-10 zone district. BACKGROUND/: The Hearing Officer granted 1041 hazard review approval to the prior owner in 1998, pursuant to a Determination recorded as Reception #414585; the site plan was recorded in Plat Book 48 at Page 34. The vested rights expired in 2001. The Hearing Officer granted a new 1041 hazard review approval in 2002, pursuant to Determination No. 14- 2002, but denied a request to utilize two TDRs for additional floor area. The owner appealed the decision to the BOCC. The BOCC granted the appeal, pursuant to Resolution No. 121-2002, and designated the property as a TDR receiver site for up to two TDRs (10,750 square feet of floor area). The Community Development Director approved a minor amendment to allow a dewatering system to be installed outside of the approved building envelope, pursuant to Administrative Decision No. 10-2004. The site plan was recorded in Plat Book 62 at Page 41. The Certificate of Occupancy for the residence was issued in January, 2008. The Hearing Officer granted special review and GMQS exemption approval to allow one additional TDR to be used for additional floor area, pursuant to Determination No. 09-2008. The floor area is proposed to be used as follows: - Finish and occupy an attic space that was previously exempt from floor area calculations (approximately 1,663 square feet). Planned uses include an additional bedroom, living room and exercise rooms. - Enclose an existing outdoor entryway as an internal mud room (approximately 182.5 square feet). - Place aroof/greenhouse structure over an existing outdoor patio to utilize as an art studio (approximately 510 square feet). - Place a solar panel shingle roof over an existing outdoor sitting area to create a gazebo (walls will remain open). Condition #3 of the Determination states that the floor area associated with the TDR may only be used for the proposed art studio/greenhouse and gazebo, if the BOCC grants approval to amend the previously approved "building and structure envelope" to encompass the proposed structures. REFERRAL AGENCIES: Referral agency comments from Zoning are attached to the staff memo to the Hearing Officer. The application was referred to the Owl Creek Caucus, but comments were not received. STAFF COMMENTS: The approved 1041 site plan establishes a "building and structure envelope" that is set back 75' from Owl Creek and a "building and septic envelope" that is set back 50' from Owl Creek. A note on the site plan states, Irrespective of the Pitkin County Land Use Code definition of "structure ", for purposes of this 1041 site plan and associated approvals, only buildings (i. e. the single fanZily residence, the caretaker dwelling unit, and other FAR calculated appurtenances such as covered porches and the similar) shall be limited to the setback requirements established in conditions 4 and S of BOCC Resolution No. 121-2002. That is, buildings must be located not only within the designated building envelope but also at least 200' from Owl Creek Road and 75 'from Owl Creek and any associated riparian habitat, as such setbacks are shown hereon. Other improvements, such as but not necessarily limited to, individual sewage disposal systems, landscaping, driveways, walkways and other improvements not confined to the above described setbacks, can be constructed within the applicable envelopes. The proposed art studio/greenhouse and gazebo are located partially within the "building and structure envelope," but the majority of both structures would be within the "building and septic envelope" and the "landscape envelope." These areas are currently developed as patios surrounded by stacked stone landscape walls, and as such were permitted as landscape improvements that could be located within the "building and septic envelope" and "landscape envelope." However, the proposal to enclose (art studio) and cover (gazebo) these patios makes these structures that count as floor area. The prior approval does not permit structures within the "building and septic envelope." Therefore, the Applicant is pursuing this amendment to the prior approval to amend the "building and structure envelope" to include the proposed art studio and gazebo. Sec. 2-20-150(b) of the Code established the following standards for review of a minor amendment to any development application or permit: 1. Is consistent with action(s) taken during previous development apps°ovals for the property; and Response: The amendment is generally consistent with the prior approvals. A key issue in the prior reviews was to maintain an adequate setback from Owl Creek. The areas to be enclosed/covered are already developed and do not extend into wetland or riparian areas; they maintain a minimum setback of 50' from the high water line of Owl Creek. 2. Does not change the use of the proposed development between ~°esidential, commercial and tourist accommodation uses; and Response: Not applicable. 3. Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and Response: The basic character will remain residential. The Applicant provided photo simulations of the proposed art studio/greenhouse; the proposed structure will be screened by an existing landscaped berm and will not change the basic visual appearance of the residence as seen from the road. 4. Does not constitute a new land development activity; and Response: The areas that are proposed to be enclosed and covered have already been improved with patios and landscape walls, so no new land development will occur. 2 `V 5. Does not increase off-site impacts in the surrounding neighborhood; and 6. Does not endanger the public health, safety or welfare; and Response: The proposed accessory structures will not increase off-site impacts or endanger the public health, safety or welfare. 7. Does not violate any Land Use Code standard; and Response: When the property received approval in 2002, the minimum stream setback was 20'. Both the County's Wildlife Biologist and the Division of Wildlife recommended a 50' setback at that time, which is reflected by the boundary of the "Building and Septic Envelope." The 75' setback for structures was established as a result of the appeal approval. As noted above, the areas to be enclosed/covered are already developed and do not extend into wetland or riparian areas; they maintain a minimum setback of 50' from the high water line of Owl Creek. No extension of the paved area would occur as a result and no natural areas would be impacted. 8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and 9. Does not increase the floor area of the use by more than five (S) perce~zt or decrease the open space on the site by more than five (5) percent. Response: The amendment will not increase the need for on-site parking or utilities or affordable housing. The maximum floor area permitted on the property is 13,250 square feet; the floor area of the art studio and gazebo would be included in this maximum. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt a motion to approve the Crown Minor Amendment to a Development Permit, subject to the attached Resolution. ATTACHMENTS: A. Hearing Officer Determination B. Staff Memo to Hearing Officer dated July 15, 2008 Application provided separately RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING PARTIAL APPROVAL OF THE CROWN MINOR AMENDMENT TO DEVELOPMENT PERMIT Resolution No. -2008 RECITALS 1. Susan Crown ("Applicant")has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") to amend the approved "Building and Structure Envelope" to permit an existing uncovered outdoor sitting area to be covered and a patio to be enclosed to be used as an art studio. 2. The property is located at 2298 Owl Creek Road, and more specifically described in Exhibit A. 3. The parcel contains approximately 4 acres and is a nonconforming size lot in the AR-10 zone district. 4. The Hearing Officer granted 1041 hazard review approval to the prior owner in 1998, pursuant to a Determination recorded as Reception #414585; the site plan was recorded in Plat Book 48 at Page 34. The vested rights expired in 2001. 5. The Hearing Officer granted a new 1041 hazard review approval in 2002, pursuant to Determination No. 14-2002, but denied a request to utilize two TDRs for additional floor area. The owner appealed the decision to the BOCC. The BOCC granted the appeal, pursuant to Resolution No. 121-2002, and designated the property as a TDR receiver site for up to two TDRs (10,750 square feet of floor area). The Community Development Director approved a minor amendment to allow a dewatering system to be installed outside of the approved building envelope, pursuant to Administrative Decision No. 10-2004. The site plan was recorded in Plat Book 62 at Page 41. The Certificate of Occupancy for the residence was issued in January, 2008. 6. The Hearing Officer granted special review and GMQS exemption approval to allow one additional TDR to be used for additional floor area, pursuant to Determination No. 09-2008. The floor area is proposed to be used as follows: A. Finish and occupy an attic space that was previously exempt from floor area calculations (approximately 1,663 square feet). Planned uses include an additional bedroom, living room and exercise rooms. B. Enclose an existing outdoor entryway as an internal mud room (approximately 182.5 square feet). C. Place aroof/greenhouse structure over an existing outdoor patio to utilize as an art studio (approximately 510 square feet). D. Place a solar panel shingle roof over an existing outdoor sitting area to create a gazebo (walls will remain open). 7. Condition #3 of the Determination states that the floor area associated with the TDR may only be used for the proposed art studio/greenhouse and gazebo, if the BOCC grants approval to amend the previously approved "building and structure envelope" to encompass the proposed structures. 8. The BOCC considered this application at a duly noticed public hearing on August 27, 2008, at which time evidence and testimony were presented with respect to the application. 9. The BOCC finds that the proposed amendment complies with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land, is Resolution No. _-2008 Page 2 consistent with action taken during the original review, does not increase off-site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. 10. The BOCC further finds that enclosing the patio and covering the sitting area will not create any impacts on the previously approved 50' stream setback from Owl Creek, since the areas are already developed. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Crown Minor Amendment to a Development Permit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all conditions of Hearing Officer Determination Nos. 14-2002 and 09- 2008, BOCC Resolution No. 121-2002, and Administrative Decision No. 10-2004, except as amended herein. Prior to submission of any development permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended Site Plan. The above referenced approvals shall be a condition precedent to finalization and recordation. The owner must sign the mylar copy of the site plan prior to submission for recordation. The Applicant shall amend the site plan as follows: A. The "Building and Structure Envelope" shall be amended to include the patio that is proposed to be enclosed as an art studio and the outdoor sitting area that is proposed to be covered. 4. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. _~ Resolution No. -2008 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 2T" day of July, 2008. APPROVED AND ADOPTED on the 27`" day of August, 2008. By ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO CONTENT: ~~: ti <~~~ .~ Citj'dy vouben Community Development Director BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO Jack Hatfield, Chairman APPROVED AS TO FORM: John Ely County Attorney P073-08 PID #273504300008 ''~.C1=r~T1®Pa#: 551258, 07P21/2a08 at .14:22 p'IVI, 1 C3~ 7, ~ $a.1~0 C3s3C Code ~ETEFtNliN,4T1C~1V Janice K. Vos Caudill, Pitkin County, CO DETERMINATION Or ins n~t~tcii~~ vrritJr,ic yr ins ~,vivilvtui~ITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE CROWN SPECIAL REVIEW AND GMQS EXEMPTION FOR A TDR RECEIVER SITE Determination No.~-2008 RECITALS 1) Susan Crown (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") to obtain Special Review and GMQS exemption approval to utilize one additional TDR to develop up to 13,250 square feet of floor area. The prior approval permitted development of up to 10,750 square feet of floor area utilizing two TDRs; the existing improvements contain slightly less than this amount. The additional floor area is intended to be used as follows: A) Finish and occupy an attic space that was previously exempt from floor area calculations (approximately 1,663 square feet). Planned uses include an additional bedroom, living room and exercise rooms. B) Enclose an existing outdoor entryway as an internal mud room (approximately 182.5 square feet). C) Place aroof/greenhouse structure over an existing outdoor patio to utilize as an art studio (approximately 510 square feet). D) Place a solar panel shingle roof over an existing patio to create a gazebo (walls will remain open). 2) The property is located at 2298 Owl Creek Road, and more specifically described in Exhibit A. 3) The parcel contains approximately 4 acres and is a nonconforming size lot in the AR-10 zone district. 4) The Hearing Officer granted 1041 hazard review approval to the prior owner in 1998, pursuant to a Determination recorded as Reception #414585; the site plan was recorded in Plat Book 48 at Page 34. The vested rights expired in 2001. 5) The Hearing Officer granted a new 1041 hazard review approval in 2002, pursuant to Determination No. 14-2002, but denied a request to utilize two TDRs for additional floor area. The owner appealed the decision to the BOCC. The BOCC granted the appeal, pursuant to Resolution No. 121-2002, and designated the properly as a TDR receiver site for up to two TDRs (10,750 square feet of floor area). The Community Development Director approved a minor amendment to allow a dewatering system to be installed outside of the approved building envelope, pursuant to Administrative Decision No. 10-2004. The site plan was recorded in Plat Book 62 at Page 41. The Certificate of Occupancy for the residence was issued in January, 2008. 6) The Hearing Officer heard this application at a duly noticed public hearing on July 15, 2008, at which time evidence and testimony were presented with respect to this application. 7) The Hearing Officer finds that the request complies with the applicable provisions of the Land Use Code, and that the use of one additional TDR on the site is appropriate, given that the improvements will be made within the existing footprint of the residence (attic space and entryway) or over existing landscape improvements directly adjacent to the residence (patios). NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Crown Special Review and GMQS Exemption for TDR ooooos ~~~/~ ~ Determinatio~z Na~-2008 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 15"' day of June, 2008. APPROVED AND ADOPTED this 15`h day of July, 2008. PUBLISHED AFTER ADOPTION FO_R VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the~~day of , 2008. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: ~~~-, ~ ~~.. h-~ Bonnie Wae ter, Administrative Assistant APPROVED AS TO FORM: John Ely, County Attorney P073-08;PID#273504300008 ~ ~~~~ ~~ James R. True, Hearing Officer Date ~ `~ l~ ~ 3 l APPROVED AS TO CONTENT: Cindy Houben, Community Development Director 00(~(~08 oooa~o %V1 L6918Ln n16 X31 zeoi 9Ln et6 8 N t3189Z6 9i2 2i2 ~ ' BI001 AN AN 9 ZOb ,.If19'"19 HlBE 163M OEE g EE901 AN'NOlONIAtlI i191B 0]'N3d9tl _ 90Z z 311!16' 133tl19 NIVW 153m E OtlOE N33N] lM0 96R 1]311H]tltl NDBYHO tlNH19Y H]NHtl 3NIH611f16 j \\ xad L65LeL9 916 nssi I ol~ O ~ ~~ X31 ZHDi HG9 9t6 tZ Q l31 HH26 9IZ Z H[OOf AN AN 206 z 311f1H'"15 HLBE 163M OE£ EESOI AN'N019NIAHI i191H D]'N3d5tl : $ ~'~ 9GZ z 311f1'a ' 1336:6 NIVN L53M E pw0e M33tl3 HMO B6R - ~ ~ j 1~311HJHtl NOHLMJ HfIH1Htl H~NYtl 3NIHSNf15 uu~ls'r ppu~LL fiP ~ ~!. 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'~3L~~ ass r n ~~ ~aoya - ~I I I ° m m c $ _ o u m o m i ___ ~ i i LL ~ G ii r g T~ yrc ~m Qoo ~ _N,e 'oWU~ i~:~ ~ p„~$ ~'^i ~_ .o~aoo ~ `:~'J, ~ ` s ~i3 W w~wwrcwF'p`w ~ , iro ~'`~ Yd w~ x~~~O pLL~~1+Qw MEMORANDUM TO: Pitkin County Hearing Officer E FROM: Suzanne Wolff, Senior Planner _~, , RE: Crown Special Review & GMQS Exemption for TDR Receiver Site DATE: July 15, 2008 SUMMARY: The Applicant is requesting approval to utilize one TDR for additional floor area. The prior approval permitted development of up to 10,750 square feet of floor area; the existing improvements contain slightly less than this amount. The additional floor area is intended to be used as follows: - Finish and occupy an attic space that was previously exempt from floor area calculations (approximately 1,663 square feet). Planned uses include an additional bedroom, living room and exercise rooms. - Enclose an existing outdoor entryway as an internal mud room (approximately 182.5 square feet). - Place aroof/greenhouse structure over an existing outdoor patio to utilize as an art studio (approximately 510 square feet). - Place a solar panel shingle roof over an existing patio to create a gazebo (walls will remain open). APPLICANT: Susan Crown REPRESENTATIVE: Alan Richman LOCATION: 2298 Owl Creek Road ZONING/LOT SIZE: The parcel contains approximately 4 acres and is nonconforming in size in the AR- l Ozone district. BACKGROUND/EXISTING CONDITIONS: The Hearing Officer granted 1041 hazard review approval to the prior owner in 1998, pursuant to a Determination recorded as Reception #414585; the site plan was recorded in Plat Book 48 at Page 34. The vested rights expired in 2001. The Hearing Officer granted a new 1041 hazard review approval in 2002, pursuant to Determination No. 14-2002, but denied a request to utilize two TDRs for additional floor area. The owner appealed the decision to the BOCC. The BOCC granted the appeal, pursuant to Resolution No. 121-2002, and designated the property as a TDR receiver site for up to two TDRs (10,750 square feet of floor area). The Community Development Director approved a minor amendment to allow a dewatering system to be installed outside of the approved building envelope, pursuant to Administrative Decision No. 10-2004. The site plan was recorded in Plat Book 62 at Page 41. The Certificate of Occupancy for the residence was issued in January, 2008. REFERRAL AGENCIES: Referral agency comments from Zoning are incorporated throughout this memorandum and are attached for reference. The application was referred to the Owl Creek Caucus, but comments were not received. 000001 ~-~ IZ ~~ ~o~~g \~ STAFF CONIlVIENTS: SPECIAL REVIEW: Special Review approval is required to designate the property a TDR receiver site for one additional TDR to allow up to 13,250 square feet of floor area, subject to compliance with the following standards. A. The special review use shall be consistent with the applicable County Master Plan. Response: The use of TDRs for additional floor area up to 15,000 square feet is contemplated in the Owl Creek Land Use Master Plan. The Plan acknowledges that larger homes are already established in this area and are part of its character. The request to allow one additional TDR to be utilized for up to 13,250 square feet of floor area is consistent with the master plan. The Applicant also notes that the proposal to install a solar cover on the gazebo is consistent with the Countywide Comprehensive Plan, which supports sustainable development and resource conservation. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed development does not conflict with the applicable provisions of the Code, as specified within this memorandum, or with the County land use policies. C. The proposed development must not materially endanger the public health, safety or welfare. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would endanger the public health, safety or welfare, or injure the value of adjacent properties. D. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The intent of the AR-10 zone district is to "accommodate ... large lot residential development that maintains the rural character and appearance of the land." The proposed additional floor area is consistent with the intent of the zone district. The additional development will not change the character or appearance of the land as the improvements will be made within the existing footprint of the residence (attic space and entryway) or over existing landscape improvements (patios). E. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The proposed residential development is compatible with surrounding residential uses. The parcel can accommodate the additional floor area without compromising the character of the surrounding area. F. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimizes adverse effects, including visual impacts, impacts on 2 pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/waterpollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed residential development is compatible with surrounding residential uses. As noted previously, the improvements will be made within the existing footprint of the residence or over existing landscape improvements. The roof/greenhouse structure over the art studio will be slightly visible from Owl Creek Road, but will be substantially screened by existing trees and other landscape features. The additional floor area will not create additional impacts beyond those of the existing residence. No impacts on natural resources will be caused due to the location of the improvements within and adjacent to the residence (see below for discussion of setbacks from Owl Creek). G. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: There are adequate facilities to serve the existing residence and the proposed additional floor area. H. The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. Response: The standards from Sec. 4-30 are addressed above, and no standards from Sec. 2-40-20 are applicable. OTHER: Owl Creek Setbacks: The approved 1041 site plan establishes a "building and structure envelope" that is set back 75' from Owl Creek and a "building and septic envelope" that is set back 50' from Owl Creek. A note on the site plan states, Irrespective of the Pitkin County Land Use Code definition of "structure ", for purposes of this 1041 site plan and associated approvals, only buildings (i. e. the single family residence, the caretaker dwelling unit, and other FAR calculated appurtenances such as covered porches and the similar) shall be limited to the setback requirements established in conditions 4 and 5 of BOCC Resolution No. 121-2002. That is, buildings must be located not only within the designated building envelope but also at least 200' from Owl Creek Road and 75 'from Owl Creek and any associated riparian habitat, as such setbacks are shown hereon. Other improvements, such as but not necessarily limited to, individual sewage disposal systems, landscaping, driveways, walkways and other improvements not conftned to the above described setbacks, can be constructed within the applicable envelopes. The proposed art studio/greenhouse and gazebo are located within the "building and septic envelope," but are outside of the "building and structure envelope." These areas are currently patios surrounded by stacked stone landscape wall, and as such were permitted as landscape improvements that could be located within the "building and septic envelope." However, the proposal to enclose (art studio) and cover (gazebo) these patios makes these structures that count as floor area. The prior approval does not permit structures within the "building and septic envelope." The Applicant has agreed to pursue an amendment to the prior approval (must be reviewed/approved by BOCC) to amend the "building and structure envelope" to include the 000~~~ \~ proposed art studio and gazebo. Staff has drafted a condition that acknowledges that the floor area from the TDR can only be used for these spaces if the amendment is approved. RECOMMENDATION: Staff recommends that the Hearing Officer approve the Crown Special Review and GMQS Exemption, subject to the attached Determination. ATTACHMENTS: A. Zoning Application provided separately 00000~~ a From: Joanna Schaffner Sent: Friday, July 04, 2008 9:36 AM To: Suzanne Wolff Subject: Crown I have reviewed the application for Special Review and GMQS Exemption for TDR Receiver Site (PID# 2735-043-00-008) for the Crown residence and offer the following comments. 1. The site should be checked for compliance with previous conditions pertaining to wildfire and riparian protection. The planning engineer should be consulted if financial security is still being held for condition #4 of Admin Dec 10-2002, and if so, an inspection should also be made at this time and if applicable, the monies released. 2. The residence appears to have overhangs that were included in floor area calculation prior to 2000, which would be exempt under today's calculation. 3. At building permit for the proposed additional work, the applicant is subject to the employee housing impact fee but not the road impact fee. 4. The proposed greenhouse and gazebo are located within the 75' stream setback for Owl Creek and are located (in part) outside of the approved building envelope. 000005 ~~ 10I°~ r~P.a~ ,~tcl ~ Sax 3613 >4e~iea, ~ 81612 July 22, 2008 ~ ~ s~ ~lsos~e/~ax (370)320-1125 a~ciclu~ca.i~k a,~r~..iet Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: MINOR AMENDMENT TO DEVELOPMENT PERMIT FOR CROWN PROPERTY Dear Suzanne, On July 15, 2008, the Hearing Officer approved Determination No. = 2008, granting the Crown special review and GMQS exemption for a TDR receiver site. Condition #3 of that determination requires the applicant, Ms. Susan Crown, to apply for an amendment to the building and structure envelope that was previously designated for the property to permit an existing outdoor landscape feature to be covered and a second feature to be enclosed. The purpose of this letter is to request County approval of that amendment. Following is some background information to provide a context for this application. Property Description The subject property is an irregularly shaped parcel of land that is approximately 4.0165 acres in size. It is located along Owl Creek Road, just over two miles west of its intersection with State Highway 82 (see vicinity map). It is improved with asingle-family residence that was completed several years ago. The residence is a two story structure with an existing floor area of approximately 10,500 sq. ft. This is a relatively flat parcel of land that rises by only approximately 20' from the front to the rear property lines, covering a distance of over 450 linear feet. Therefore, slopes on this property are less than 5%. Owl Creek traverses the southeastern portion of the property, and there are wetland and riparian areas associated with the Creek. Prior Land Use Approvals This property has been through the County's land use review process on two prior occasions. In 1998, the Hearing Officer granted 1041 approval to the Stapleton Family, the original owners of the property. The site plan documenting this approval is recorded in Plat Book 48 at Page 34 of the Pitkin County Records. Ms. Suzanne Wolff July 22, 2008 Page Two The vested rights for the 1998 approval expired three years after they were granted, in 2001. This was important because in 2000 the County adopted new regulations limiting .the growth management exemption for properties in the Rural Area to just 5,750 sq. ft., where 15,000 sq. ft. had previously been permitted. Therefore, an application requesting an extension of those vested rights was submitted, but final action was not taken on it since the County generally was not granting such extensions at that time. Since the property no longer had vested rights, the then-owner of the property submitted a new application in 2002 to re-establish the site plan for the property and to designate it as a receiving site for two (2) TDR's. The Hearing Officer granted approval of the new site plan that replaced and superseded the prior site plan in its entirety, pursuant to Hearing Officer Determination 14-2002, but denied the request to designate the site as a TDR receiver site, limiting development of the site to 5,750 sq. ft. of floor area. The owner appealed the Hearing Officer's decision to the BOCC. The Board granted the owner's. appeal pursuant to Resolution 121-2002, designating the property as a TDR receiver site on which up to two (2) TDR's could be utilized. Proposed Amendment The envelope that is requested to be amended is depicted on the 1041 site plan that is recorded in Plat Book 62 @ Page 41, memorializing the 2002 Hearing Officer approval. This site plan establishes several envelopes, including a "building and structure envelope", which is set back 75' from Owl Creek and a "building and septic envelope" and a "landscape envelope" that are set back by 50' from Owl Creek. As you pointed out in your staff report to the Hearing Officer, there is a note on the site plan that helps the reader to understand what types of activities are allowed to occur within these envelopes. This note reads as follows: "Irrespective of the Pitkin County Land Use Code definition of "structure", for purposes of this 1041 site plan and associated approvals, only buildings (i.e. the single family residence, the caretaker dwelling unit and other FAR calculated appurtenances such as covered porches and the similar) shall be limited to the setback requirements established in conditions 4 and 5 of BOCC Resolution No. 121-2002. That is, buildings must be located not only within the designated building envelope but also at least 200' from Owl Creek Road and 75' from Owl Creek and any associated riparian habitat, as such setbacks are shown hereon. Other improvements, such as but not necessarily limited to, individual sewage disposal systems, landscaping, driveways, walkways and other improvements not confined to the above described setbacks, can be constructed within the applicable envelopes." i~ Ms. Suzanne Wolff July 22, 2008 Page Three The existing conditions map illustrates that while virtually all of the improvements to the property have been built within the designated building and structure envelope, there are two areas where improvements were permitted to be built by the County in locations that are just outside of this envelope. First, there is an existing "dog run", which is a walled-in stone patio area, that is located within the building and septic envelope. Second, there is an existing "gazebo", which is an uncovered outdoor sitting area, that is located within the landscape envelope. Both of these improvements were permitted by the County as outdoor improvements that must therefore be set back by at least 50' from Owl Creek. In the special review application recently approved by the Hearing Officer, the applicant proposed that there would be further improvements to these areas. The applicant requested that the dog run be enclosed with a greenhouse structure, so it can function as an art studio. The applicant creates art pieces using paint and various other noxious chemicals and would hope to be able to confine that activity to an area that is separate from the main house. The greenhouse would contain approximately 510 sq. ft. of floor area and would not extend beyond the existing paved walled area. The applicant also proposed installing a roof on the gazebo/outdoor sitting area. This area would remain open on its sides and would not change in size. The roof would be made of solar panel shingles that would provide renewable energy for the house. Minor Amendment to a Development Permit As noted above, staff has determined that the building and structure envelope must be amended to include the proposed art studio and covered gazebo/outdoor sitting area. Staff has also determined that this amendment should be reviewed by the Board of County Commissioners, since it was the Board that originally established the conditions for administering these envelopes. Section 2-20-150 (b) of the Land Use Code establishes the standards for review of a minor amendment to a development permit, as follows: 1. is consistent with action(s) taken during previous development approvals for the property. Response: The proposed activities would be generally consistent with the prior 1041 and special review approvals granted to the property. A key consideration in the prior reviews was that development be adequately set back from Owl Creek to ensure that water quality, wetlands and riparian habitat would be properly protected. As we saw during our recent site visit, the areas proposed to be enclosed/covered are already developed, and do not extend into functioning wetlands or riparian areas. There will be no impacts on natural features from enclosing the art studio or from covering the outdoor sitting area. \~ Ms. Suzanne Wolff July 22, 2008 Page Four A second key consideration in the prior reviews was to minimize the visual impact of the development from Owl Creek Road. Three photo-simulations have been prepared to illustrate the appearance of the proposed art studio. These simulations use photographs taken from three vantage points along Owl Creek Road. Computer techniques have been used to insert the proposed greenhouse into the pictures. However, because of the screening established by the existing landscaped berm, with its dense vegetation, it is virtually impossible to even see the structure from two of the views, and in the third view just a small section of the roof is visible. If the County or neighbors have any visual concerns based on the proposed development, the applicant would be willing to plant additional trees and shrubs to the extent necessary to further screen the greenhouse from view. 2. Does not change the use of the proposed development between residential, commercial and tourist accommodation uses. Response: No change in use is proposed. 3. Does not change the basic character of the approved use of land on which the activity occurs including basic visual appearance and method of operation. Response: The basic character of the approved land use will remain residential. The impacts on the visual appearance of the property are addressed in standard #1, above. 4. Does not constitute a new land development activity. Response: The proposed amendment does not constitute a new land development activity. Both areas where development would occur are already improved with outdoor uses and paving, so no new land development will occur. 5. Does not increase off-site impacts in the surrounding neighborhood. 6. Does not endanger the public health, safety, or welfare. Response: The proposed activities are accessory structures that will not increase off-site impacts nor will they endanger the public health, safety or welfare. 7. Does not violate any Land Use Code standard. Response: The proposed activities would not violate any Code standard. When the property received 1041 approval in 2002, the minimum stream setback was just 20', so the 50' and 75' setbacks that were established exceeded the minimum requirement. The proposed development would not effectively. change these setbacks, since the areas to be affected are already paved and no extension of the paved area would occur. 1% Ms. Suzanne Wolff July 22, 2008 Page Five The proposed development also complies with the standards of Sec. 7-20-80 (a) (4) of the Land Use Code, which identifies various natural features (slopes, water quality, vegetation, and habitat) that must not be impacted by the proposal. None of these areas would in any way be affected by the proposals. 8. Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation. 9. Does not increase the floor area of the use by more than five percent (5%) or decrease the open space on the site by more than five percent (5%). Response: The proposal has no impacts on the need for parking, utilities or affordable housing, and does not change open space calculations on the- site. The maximum floor area now permitted on the property by virtue of the Hearing Officer's recent determination is 13,250 sq. ft. The floor area of the proposed art studio and outdoor sitting area (a total of less than 750 sq. ft.) would be included in this maximum. If these improvements are not built, the applicant could utilize this floor area elsewhere on the property. Therefore, the proposed amendment does not represent an increase in the floor area of the property. Conclusion I believe the above responses provide the information you require to process this application. If there is anything else you need, please do not hesitate to contact me. 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