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HomeMy WebLinkAboutho.deter.12.2008RECEPTION#: 554157, 11/12/2008 at 09:59:00 AM, 1 OF 8, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO DETERbIINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE CARNEY ACTIVITY ENVELOPE AND STTE PLAN REVIEW, SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT, and SPECIAL REVIEW FOR A TDR RECEIVER STTE Hearing Officer Determination No. ~-2008 RECITALS 1. Gayla Carney ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for Activity Envelope, Site Plan Review, Special Review for a Caretaker Dwelling Unit (CDU), and Special Review for a Transferrable Development Right (TDR) Receiver Site to construct up to 8, 250 square feet of floor area. 2. The parcel is located at 47 Difficult Lane and is legally described as Attachment A. PID#: 2737-283- 00-008. 3. The parcel contains approximately 2.25 acres and is in the AR-10 wne district. The lot was developed with a residence but has been demolished. 4. The parcel received 1041 Hazard Review, Special Review for use of a TDR, and Lot Line Adjustment approval pursuant to Determination No. 14-2004. >n 2006, the Applicant received approval for a CDU ~ pursuant to Administrative Decision No. 94-2006 with a second Lot Line Adjustment approved ~ pursuant to Administrative Decision No. 89-2006. -C 5. The Applicant submitted a complete application after July 6, 2006, therefore, the application is being ~ considered pursuant to the 2006 Land Use Code as amended. ~ 6. The Heazing Officer considered this application at a duly noticed public hearing on October 28, 2008 ~ at which time evidence and testimony were presented with respect to this application. 7. The Hearing Officer finds that the property has the ability to locate residential development in ~ compliance with Site Plan review. The Applicant can amend the gading plan to lessen disturbance -r of the driveway and CDU in better effort to lessen disturbance of the lazge Spruce root system. The Hearing officer further finds that the driveway loop by the garage can be shifted so the Lodgepole ~(. Pine can be retained. 8. The Hearing Officer also finds that the Lot is: (1) eligible to receive 1 TDR; (2) can accommodate the ~ proposed development on a constraint free site subject to the conditions outlined below, and (3) can d accommodate a detached CDU. L NOW THEREFORE BE TT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Carney Activity Envelope, Site Plan Review, Special Review for a TDR Receiver Site, and Special Review for a CDU 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 current or prior applications or in public meetings or heazings and shall consider those representations to be conditions of approval, unless amended by other conditions. RECEPTION#: 554067, 11106/2008 at 11:23:12 AM, 7 OF 7, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO Hearing Offrcer Determination No. ~ ~-2008 Page 2 2. At the time of building permit submittal, the Applicant shall surrender the TDR for additional floor area up to 8,250 square feet from a base 5,750 square feet. 3. 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. Structures represented in the application may not be permitted under building and zoning regulations. 4. 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 an Activity Envelope and Site Plan that illustrates the approved building envelope 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. The Site Plan shall also incorporate the following changes: a) Remove plantings that are not located on the property; b) Create signing blocks for the Hearing Officer, Clerk and Recorders, and owners. 5. The Applicant shall submit a fmal grading and landscape plan that significantly minimizes grading disturbance for the driveway and CDU. The concept of not excavating for the driveway should be explored to a reasonable extent and final grade for the CDU, with regazd to minimizing root disturbance, should be analyzed. Minor changes to the building footprints and their locations may be necessary to retain the Lodgepole and Spruce tree. 6. Submit a landscape plan that implements the recommendations of the riparian setback report dated November 5, 2007. The report shall be submitted with building permit submittal. Establish an activity envelope east of Difficult Lane and place a note on the site plan that identifies the area as a "riparian reclamation area". The landscape plan shall also conform to the wildfire standards outlined below. The Applicant shall comply with all representations made in the Site Plan Review including but not limited to the following: a) Utilization of earth tone colors and/or materials on the building fagade; b) Installation ofnon-reflective roofing; c) All lighting shall comply with the Code. There shall be no driveway lighting. 8. Prior to issuance of a building permit application for the residence, the Applicant shall: A. Complete afireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. If necessary obtain a County access/driveway/turnaround permit acceptable to the Aspen Fire Protection District and County Engineer. D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit engineered plans for retaining walls greater than four feet in height. F. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. Hearing Oj~cer Determination No. ~ 2008 Page 3 G. Pay the applicable road and employee housing impact fees. H. Obtain a permit for construction of the OWTS. 9 Standards Applicable to All Wildfire Hazard Areas: Development is allowed in wildfire hazard areas subject to conformance with the following development standards. A. Defensible Space: the Applicant shall comply with the defensible recommendations outlined in the wildfire report dated February 27, 2004. This includes: B. Access 1. Zone l: Around the house for a distance of 15 feet, the area shall be primarily noncombustible hazd scope surfaces, low growing perennials, flowerbeds, cut grass and deciduous, well-trimmed and irrigated plants. Woody vegetation shall not be planted within this area with the exception of the two large evergreen trees subject to wildfire consultant approval. 2. Zone 2: Beyond Zone 1 within 30 feet of the residence or other structures in every direction maintain grass at 6 inches or less in height. Woody plants shall not be within this area. Aspen trees with that have no dead limbs are acceptable in this zone. The existing conifers that will remain beyond Zone 1 shall have the lower branches pruned to a height of 10-feet or one half the height of the tree, whichever is less. No laddering shrubs or bushes should be planted or permitted to grow within the drip line of these trees. Crowns of the clump of trees to the north should be separated from the other trees or clumps of trees shall be separated by a buffer of 30 feet or more. 3. Zone 3: Beyond Zone 2 within 100 feet of the residence or other structure in every direction thin and divide all bushes and shrubs into individual plants or clusters of vegetation. The spacing between crowns of the individual plants or of clusters shall be 2 '/z times the height of the vegetation. 4. All standing deadfall shall be removed for a distance of 150 feet of the residence or other structure. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazazds based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. C. Water Supply for Fire Safety 1. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the local fire district. 2. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The Lot shall have a Hearing Oj~cer Determination No.2008 Page 4 minimum 20,000 gallon water storage tank. Verification of the closest hydrant satisfactory to the AFPD can mitigate this requirement. 3. All new development shall conform to the appropriate building Code(s) with regazd to sprinklering structures. D. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire expert has recommended a different method of construction, roofs and projections at or below roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to the following specifications: 1. Low Hazard Area a) Roofing Materials b) Class A covering or Class A Assembly as defined by the currently adopted Building Code. c) No wood shakes or shingles. d) All other adopted Building Code compliant methods and materials permitted. E. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: 1. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 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. Hearing Oj~cer Determination No.~'~, -2008 Page 5 Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/<) inch maximum. 3. Yards shall be kept cleaz of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a pazallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (] 0) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire-resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. The Applicant shall comply with all requirements of the Aspen Fire District Code. 14. Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on anon-combustible post. 10 The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point-five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever passible as nesting and perching habitat. F. In azeas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. G. Development shall be clustered to the maximum extent possible to minimize impact on wildlife. H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. Hearing Oj~cer Determination No.~~2008 Page 6 I. Contractors and the homeowner shall at all time keep trash/garbage in an approved bear resistant container or enclosure. J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (]0) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. K. Horse grains, pellets, and cookies shall be stored in beaz resistant containers. L. Pet food shall not be left outside. 11. The CDU shall not exceed 1,000 net livable square feet of floor azea, which shall count toward the total allowable floor azea for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two-burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14"WX16"DX5.25"H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezes The floor plan for the CDU shall be submitted to the County Housing Office for review. At building permit submittal, the Applicant shall provide proof of adequate water for the CDU. 12. The Applicant shall, by recording a covenant prior to issuance of building permit, guarantee that the caretaker unit: A. Shall not be required to be rented; B. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; C. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; D. Shall be rented for terms not less than 6 months if rented. 13. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-referenced requirements. 14. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. if modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 15. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or pazcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 16. No development shall occur outside the approved envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. Hearing Officer Determination No. ~-2008 Page 7 17. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing azound the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 18. 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. 19. 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 October 28, 2011. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 28t° of September 2008. APPROVED AND ADOPTED this 28'" day of October, 2008. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the ~ day of i~i y , 2008. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER ATTEST: ~ cmn'ie (~ 4: oc~l:~ Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: .~- John Ely, County Attorney OF PITKIN COUNTY, C~OLO-RA-D-O- By G------ K . ~e J es R. True, Hearing Officer Date G I `I APPROVED AS TO CONTENT: ' ^i ,,~~i'r/~. ,.~e C~y Houben, Community Development Director P088-08; PIDN2737-283-00-008 Attachment A Legal Description SECT,TWN,RNG:28-10-84 DESC: A TR OF LAND SIT IN THE SW4SW4 28-10-84 BGNNG AT A PT WH THE SW SEC COR OF SEC 28 MONUMENTED WITH A 1978 BLM BRASS CAP BEARS S 33 DEG 59'51"W 943.72 FT TH N 00 DEG 01'23"E 197.07 FT TH S 89 DEG 58'37"E 307.31 FT TO THE INTERSECTION WITH THE BOUNDARY OF THE WHITE RIVER NATL FOREST TH ALNG THE BOUNDARY OF THE WHITE RIVER NATL FOREST AS SHOWN INPLAT BK 437 PG 420 FOR .SIX (3) COURSES 1. TH S 00 DEG 35'58"W 284.98 FT TO A 1/1024 COR OF SEC 28 MONUMENTED WITH A 1978 BLM BRASS CAP 2. TH N 89 DEG 20'18"E 494.36 FT TO A C-S-SW 1/64 COR OF SEC 28 MONUMENTED WITH A ,1978 BLM BRASS CAP 3. TH S 00 DEG '32'25"W 40.99 FT TH N 89 DEG 59'45"W 650.99 FT ALNG THE N LINE OF THE WIGHT TR AT REC 396645 TH N OS DEG 43'01 "W 20.09 FT TH 70.25 FT ALNG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FT AN INCLUDED ANGLE OF 26 DEG 49'55" AND THE CHORD BEARS N 07 ,DEG 41'57"E 69.61 FT TH N 21 DEG 06'54"E 35.12 FT TH N 89 DEG 21'21 "W 135.16 FT TH N 89 DEG 59'45"W 32.19 TO POB CONT 98232 SQ FT OR 2.255 AC AKA L.E. THOMPSON TRACT