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Home My WebLink Aboutbocc.res.101.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,GRANTING 1041 HAZARD REVIEW,CONCEPTUAL SUBMISSION AND RURAL/REMOTE SPECIAL REVIEW APPROVAL TO ROBERT KOPP AND LARKSPUR CABIN,LLC. Resolution No. 10 1 -2001 RECITALS 1. Robert Kopp and Larkspur Cabin,LLC("Applicant"),have applied to the Board of County Commissioners of Pitkin County, Colorado(`BOCC")to establish an activity envelope of approximately 0.45 acres in size in order to construct a 1,000 square foot cabin on a parcel within the Rural/Remote zone district. 2. The property is located at the top of Larkspur Mountain off of a Forest Road referred to as 526. The property is comprised of five mining claims known as Excelsior MS#12695,Whale, Texas and Alps MS #12691 and Harpoon MS#12691. The property is more specifically described in Exhibit A. 3. The Planning and Zoning Commission("Commission")at a regularly scheduled meeting onApril 3, 2001, and recommended approval subject to conditions. 4. The BOCC heard this application at a duly noticed public hearing on May 23,2001, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the Applicant has complied with the applicable policies and regulations of the Pitkin County Land Use Code,provided that conditions of this document are adhered to. NOW,THEREFORE,BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant 1041 Hazard Review,Conceptual Submission,and Rural and Remote Special Review approval to Robert Kopp and Larkspur Cabin,LLC.,subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. Prior to submission of any earthmoving,access,or building permit applications,the Applicant shall submit a 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code to the Community Development Department for approval and recording.The site plan shall also be submitted in digital format for integration into the County's GIS system. The mylar copy of the site plan must be signed by the owner prior to submittal for recording. 2. The Applicant shall comply with the following wildlife mitigation: A. No more than 2 dogs shall be allowed on site. Dogs must be kenneled or leashed at all times. B. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to Certificate of Occupancy, compliance with the ordinance shall be verified. I 11111111111111111111111111111111111111111111111111111111 IN 455445 06/14/2001 11:51A RESOLUTI DAVIS SILVI 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 2001 Page 2 C. Fencing outside of the building envelope shall comply with the Pitkin County Fencing Guidelines at the time of building permit. D. Native vegetation shall be maintained outside of the building envelope. Maintain snags for cavity nesters. E. Fruit bearing trees and shrubs shall be avoided in any landscaping due to the high level of black bear activity in the area. Bird feeders, including hummingbird feeders, shall be kept awayfrom the structure and strung 10' off the ground between 2 trees. F. Tall,overly mature trees and standing dead tress should be retained whenever possible as nesting and roosting habitat. G. The design of the structure shall incorporate some type of wood shutters that will close and secure tightly over the outside ofthe windows to prevent bears from breaking into the structure when it is not occupied. 3. The following wildfire mitigation standards shall apply to all parcels: A. Defensible Space: 1. The area around all structures shall incorporate landscaping with wildfire defensible space considerations as follows(NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): a. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 15 foot perimeter around all structures. Vegetation in this area shall be at 6"or less(i.e. mowed grass, low-growing perennials). No vegetation taller than 6"shall be planted in this area. Any combination of mulch, hardscape(i.e. sidewalks, stones,etc.)may be utilized. b. For a distance of 100 feet in every direction existing conifer stands shall be thinned to reduce the density. The trees shall be thinned so there is a least 10 feet between crowns measured at the outside edge of the tree crowns. The lower limbs should be removed up to a height of 10 feet or half the total height of the tree to eliminate ladder fuels. c. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Structural Design and Construction Requirements: 1. Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof covering are prohibited in all wildfire hazard areas. Roofs with less than 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: A. All roof coverings shall be non-combustible materials as defined in the Uniform Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. I IIIIII "III IIIIII IIIIII IIIII IIIII IIIII III "III IIII IIII 455445 06/14/2001 11:51A RESOLUTI DAVIS SILVI 2 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. -2001 Page 3 B. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. C. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited D. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. E. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 2. All vents shall be screened with corrosive resistant wire mesh of one-quarter inch maximum. 3. Projections at the roof line(which include but are not limited to eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for 1- hour fire-resistive construction. 4. For projections below the roof line(including but not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows which extend over a flat or sloped surface)the open space between grade and the underside of projections below the roof line shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the wall and shall extend from the top of grade to the underside of the floor decking or walls of the projection. An alternative construction method for such projections would require use of totally noncombustible building materials,or heavy timber or log wall construction, if the underside of the projecting portion is covered with materials approved for one-hour fire resistive construction and if there are not inside angles of lessthan 75 degrees. Areas below such projections shall be void of vegetative or other combustible materials. These areas below projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with rocks or gravel or by coverage with concrete or stone. There shall be no storage of combustible materials under projections. The walls underneath projections shall be constructed with materials approved for 1 hour fire-resistive construction on the exterior side of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or 1 3/4"solid wood. 5. Glazed openings shall be provided with closable,solid,exterior non-flammable shutters or shall be tempered glass. 6. Siding and exterior walls construction shall have a minimum ore-hour fire-resistive rating ground level to roofline. Exterior doors shall be noncombustible or one and three- fourths inch(1 3/4")solid wood. 7. The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for one hour fire-resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of he floor decking and walls. I 11111111111111111111111111111111111111111111111111111111111111 IN 455445 06/14/2001 11:51A RESOLUTI DAVIS SILVI 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No.jb -2001 Page 4 C. Maintenance: I. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter,slash,and flammable debris. 3. All flammable materials(including firewood/wood piles)shall be stored on a parallel contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures. D. Miscellaneous: 1. Fences shall be kept clear of brush and debris. 2. Wood fences shall not be connected to the structure. 3. Fuel tanks shall be installed underground with an approved container. 4. Each structure shall have a minimum of one 10 lb.ABC fire extinguisher. 5. Addresses shall be clearly marked and visible with minimum 2"non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on a non-combustible post. 6. Any outbuildings or additional buildings shall adhere to tlr same standards as structures. 4. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit(if necessary). 5. Prior to the issuance of any building permits,the Applicant shall obtain a septic permit from tle Environmental Health Department. All sewage disposal systems must be designed by a registered professional engineer. Sewage disposal system shall be located within the approved building envelope. 6. Installation of a well requires approval from the Pitkin County Environmental Health Department. The well shall meet all applicable setback requirements. 7. Commercial water truck delivery to the subject property is prohibited. 8. The Applicant shall submit a Drainage and Erosion Control Plan to the County Engineer for review and approval, prior to the submittal for any building permits. 9. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 10. All development must comply with the provisions of the Pitkin County's Noxious Weed Management Plan. I'llll I'lll "III' I'lll' I'I') II'll 'll'I III 111111111 IN 455445 06/14/2001 11:51A RESOLUTI DAVIS SILVI 4 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. /�-2001 Page S 11. No development, including grading,excavation, fill placement, landscaping,and vegetation removal or disturbance, shall occur outside of the approved activity envelope,except driveway extension and maintenance and to comply with the required wildfire mitigation. 12. The Applicant is not required to submit annual reports attesting to conformance with the conditions of this approval,nor is this special review use permit subject to any time limitations, as long as the specific use described herein is maintained. 13. Extension of a telephone line or other utilities is prohibited,unless subsequently approved through Special Review. 14. The building footprint may exceed 500 square feet,but shall not exceed 1,000 square feet. Outhouse, storage and mechanical enclosures shall not exceed a total of 160 square feet,which is excluded from the 1,000 square feet. 15. The setbacks for the parcel shall be as follows: A. Front: 100 feet B. West side: 50 feet C. East Side: 50 feet D. Rear: Zero feet 16. Prior to the submittal of any building permit applications,the Applicant shall obtain an Access/Driveway Development permit for review and approval by the County Engineer. The access road design shall be approved by the County Engineer and shall be the minimum improvement necessary to assure adequate, safe access to the cabin. The driveway shall not exceed the standards for roads and driveways within the Rural/Remote zone district. No change can be made in the existing driveway or any subsequently approved access without review and approval of the County Engineer. 17. 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. 18. 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 time of building permit issuance. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 23,2004. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TEVIES ON THE 21ST APRIL 2001. APPROVED AND ADOPTED ON THE 231tD OF MAY 2001. PUBLISHED AFTER ADOPTION IN THE ASPEN TRgES WEEKLY ON THE DAY OF 2001 r04 I II'lll I'III "III' I'I'I' I'I'I II'll II"I III "I'I IIII I"I 455445 06/14/2001 11:51A RESOLUTI DAVIS SILVI 5 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. JAL-2001 Page 6 ATTEST: BOARD OF COUNTY COMMISSIONERS oOF PITKIN COUNTY COLORADO y dee R.Dean Michael C. Ire and, Deputy County Clerk Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, Coun rney Community Development Director Case#018-01 264115200005 i I"III "III "III' I'I'I' I'III II'II 'I"I III "II' IIII II'I 455445 06/14/2001 11:51A RESOLUTI DAVIS SILVI 6 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO win n.W.. �• lol -Zo�j E [BIT A - LEGAL DESCREMON THE HARPOON LODE MINING CLAIM,U.S.M.S.NO, 12691, THE WHALE LODE MINING CLAIM,U.S.M.S. NO. 12691, THE ALPS LODE MINING CLAIM, U.S.M.S., NO. 12691, THE TEXAS LODE MINING CLAIM,U.S.M.S. NO. 12691, THE EXCELSIOR LODE MINING CLAIM,U.S.M.S.N0. 12695, embracing a portion of Township 9 South, Range 84 West of the Sixth Principal Meridian, COUNTY OF PITKIN, STATE OF COLORADO. rcalcstatcllcga1 dcs davis I 111111111111111111111111111111111 445 06/14/2001 11-51A RE S!L1111111111111!! AVIS IN 1111 7 of 7 R 0.00 D 0.00 N 0.00 PITKIND COUNTY ICOI