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Home My WebLink Aboutbocc.res.062.2001 IIIIII IIIII IIIIII III IIIIIIII IIII IIIIII III IIIII IIII IIII 0 584 0e 10:03R SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,FINDING A TAKING AND REMEDIATING THE TAKING FOR THE LE BLANC 1041 HAZARD REVIEW AND GENERAL SUBMISSION Resolution NoAA-2001 RECITALS 1. Nathan and Carol Le Blanc("Applicants")have applied to the Pitkin County Hearing Officer for 1041 Hazard Review and General Submission. 2. The property is described as Tract 5 of Seven Oaks Subdivision and is located across the Crystal River from the`BRB" in the Crystal River Valley. 3. The parcel is zoned RS-30 and contains approximately 1 acre. 4. The Hearing Officer denied the request at a duly noticed public hearing on January 16, 2001, pursuant to Determination No. 1-2001. 5. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5-220 of the Land Use Code on January 30, 2001,to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 6. The BOCC considered the takings request at a regular meeting on February 14, 2001, at which r 141 time further evidence and testimony were presented with respect to the taking. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code. Remediation resolution approved on March 28, 2001. 0 NOW,THEREFORE,BE IT RESOLVED by the BOCC that the denial of the Le Blanc 1041 Hazard Review and General Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of the Pitkin County Land Use Code. N BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting approval, subject to the following conditions,which shall run with the land and be binding on all successors in interest: < 1. The Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the Land Use Code. The applicant shall depict an access/septic I IIIIII "III "IIII IIIIII III IIIIII IIIIII III "III IIII IIII 453867 04/26/2001 02:48P RESOLUTI DAVIS SILVI 1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.06Z-2001 Page 2 envelope on the site plan to be approved by Community Development prior to recordation. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS)prior to submission of a building permit or septic permit. 2. The Applicants shall obtain an access permit from the Pitkin County Engineer prior to building permit submission. 3. Any structure over 30"in height within the required setbacks shall receive Board of Adjustment approval prior to building permit submission. 4. The Applicants shall comply with the following landscaping and wildfire defensible space mitigation standards: a. Brush,debris,and non-ornamental vegetation shall be removed within a minimum 20 foot perimeter around the structure. b. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum thirty-foot(30')perimeter around a structure built on flat ground. c. For a distance of 15 feet around all structures,vegetation shall be maintained at 6 inches or less in height. d. For a distance of 100 feet in every direction, shrubby material shall be thinned. Shrubs shall be thinned so that clumps are no larger in diameter than 2 times the height. e. Existing trees shall be thinned for a distance of 100 feet around the cabin.Tree crown separation within this perimeter shall have a minimum of 30 feet between the edges of the crowns. All m branches from trees within this perimeter shall be pruned to a height of 10 feet above the ground v o a or half the total height of the tree,whichever is less. crI w m f. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of a N m the chimneys shall be removed. m g. Remove deadfall within 100 foot perimeter shall be removed. m h. The Applicant shall be responsible for the continued maintenance of the defensible space 0. o 0 requirements. m ��rc 5. The Applicants shall comply with the following additional wildfire mitigation standards: s a. Roofs shall have a Class A,non-combustible roof system. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in o 1041 Wildfire Areas unless they comply with the following: i. All roof coverings shall be noncombustible materials as defined in the Uniform Building wm�� Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. �� ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing of the roof. iii. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. -i iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. V. All roof designs,coverings,or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. b. Vents shall be screened with corrosive resistant wire mesh with mesh'A inch maximum. c. Roofs and gutters shall be kept clear of debris. d. Yards shall be kept clear of all litter,slash,and flammable debris. e. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 111111111111111111111111 III 111111111111 III 11111 IIII IN 453867 04/26/2001 02:48P RESOLUTI DAVIS SILVI 2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.iW--2001 Page 3 f. Firewood/wood piles shall be stacked on a parallel contoura minimum of 15 feet away from the structure. g. Swimming pools or ponds shall be accessible to Fire Department vehicles. h. Fences shall be kept clear of brush and debris. i. Wood fences shall not connect to the structure. j. Fuel tanks shall be installed underground with an approved container. k. Propane tanks shall be installed according to NFPA 48 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 2 hour fire resistive construction on the exterior side of the walls. I. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. in Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. a ro 6. The Applicants shall comply with the following wildlife mitigation standards: m cri u 0 0 a. Dogs shall be kenneled on the property 0 m b. Fencing shall be prohibited outside the building envelope '" a 0 c. Native vegetation shall be maintained outside the building envelope as long as it v m complies with the wildfire mitigation standards listed above. � 0. 0 d. When existing vegetation must be altered for access or utility purposes,the Applicant 0 shall cooperate with the County and the Colorado Division of Wildlife to devise a m a vegetation compensation plan. e. The Applicant shall install bear proof trash containers as approved by the Pitkin County Wildlife Biologist prior to certificate of occupancy. f. Fruit bearing trees shall not be planted on the property. g. Landscaping shall include vegetational screening on the east side of the building y envelope to minimize the effects of increased human activity on wintering animals. h. An orange safety fence shall be required around the building envelope to prevent unnecessary vegetation disturbance during construction. 7. The Applicants shall design positive drainage to divert water away from structures on the =� property. a 8. The gully on the north side of the building envelope shall be kept clear of debris. 9. Pursuant to Ordinance No. 022-2000,the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the same time as building permit issuance. 10. Floor area exempt from growth management shall be limited to 5,750 square feet. Floor area shall be calculated based on the definition in effect at the time of building permit submittal. 11. The Applicants 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. 12. This approval and takings remediation shall be valid for one year from this date and thereafter any development on the property must comply with these conditions and any subsequent changes to the County Land Use Regulations. I IIIIII IIIII IIIIII IIIIII III IIIIII IIIIII III "I" IIII IIII 453867 04/26/2001 02:48P RESOLUTI DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution NoW2 -2001 Page 4 Takings Determination on February 1-4, 2001 APPROVED AND ADOPTED on the a2 8 day of March, 2001. BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY,COLORADO By X "/�/• S / Michael C. Ireland,Cha ATTEST: 4e . ean, C erk to t o BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: Cindy Houben John Ely Community Development Director Cou y P126-00 PID 4246334101006 IIIIII IIIII IIIIII III Illillll IIII IIIIII III IIIII IIII IIII 50 840 1 10:03A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 I IIII "III "III' I'III' III IIIIII I'I"I III 'IIII 'I'I I"I 453867 04/26/2001 02:48P RESOLUTI DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO