HomeMy WebLinkAboutpitkin.planning.264316200023 (2009)~(3~i71!/~~I~ ~ ~ ~~'~2~J~'
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A,~4maanas4rative FZetermFinatiom
Staff NAem~o
Appiication
Pmb4ic Notice, Aceeptamce Letter, ~eferrai(s) Letter
Site Plan
Miscetianeo~xs
Plat(s)
Parcel ID: 2643-16-2-00-023 Application Date: 5/8/09 Case No: P043-09
Description:
Planner: Mike Kraemer
# Copies: 6
Allocated Hours: 13
Project Address: 334 TWINING FLATS RD, ASPEN, CO 81611 % Over Hours: 5.6
Property Owner: MAUNTEL SUSAN L
Owner's REP: GRAFTON SMITH
REP's Email: graftonsmith@comcast.net
Address: PO BOX 10496
ASPEN, CO 81612
Address: 187 W LUPINE DR
ASPEN, CO 81611
Owner Phone:
REP's Phone: (970) 925-7120
Referrals: FIRE DEPT -ASPEN Other Referrals: Woody Creek Caucus 06/17/09
EH & NR REFERRAL Housing none
CDOW
ALL OTHER REFERRALS
Comments Due Date: 07/07/2009
Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting:
Meeting Date:
Review Body: admin
Public Hearing? yes
Notice Date: 06/07/2009
Meeting Notes: pn to rep & jj 5/27/09//bj
Approvals:
BOCC Resolution #: P&Z Determination #:
BOCC Ordinance #: HO Determination #:
Admin Determination #: 052-2009 #561060
Other Information:
VR Approval Date: 07/16/2009 Plat Recorded Date: 08/12/2009
VR Expires Date: 07/16/2012 Plat (Bk, PG): B91 P74 #561895
Remarks:
Application Type: Activity Envelope
Minor Special Review
caretaker Dwelling Unit (CDU)
Vested Rights -Extension/Reinstatement
ADMIIl~iISTRATIVE DECISION OF THE PITKIN COUNTY, COLORADO, COMMUNITY
DEVELOPMENT DHiECTOR GRANTING APPROVAL FOR THE MAUNTEL ACTIVITY ENVELOPE
AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT
Administrative Decision No. ~- 2009
RECTTALS
1. Susan Mauntel (hereafter referred to as the "Applicant") has applied to the Community Development
Director of Pitkin County, Colorado ("Director") for Acfivity Envelope Review and Special Review for a
Caretaker Dwelling Unit with vesting. The Applicant requests establishment of activity envelopes on
various areas of the property which include an upper bench, a lower bench, and a stairway.
2. The property is a metes and bounds parcel located off at 0334 Twining Flats Road. PID#: 2643-162-00-023
(Legal Description, Attachment A).
3. The parcel is approximately 2.2 acres, is in the AR-10 zone district, and is non-conforming in size.
4. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 044-
2001 (Rec. No. 461515) with the building envelope recorded at Book 60 Page 37. This approval
established a main building envelope on the upper bench of the property away from the Roaring Fork River.
5. The parcel is currently developed with a legal single family residence, two storage sheds, and a deck. The
deck and a shed reside within the 100'riparian/wetland setback of the Roaring Fork Rivet These structures
are identified on the recorded 2001 Hazazd Review plan and are considered legal non-conforming
structures.
6. The Woody Creek Caucus, Housing, Colorado Division of Wildlife (CDOW), and the Aspen Fire District
all commented on the application. Comments were in support of the application with some recommended
conditions.
7. Public notice was published in the Aspen Times on June 7, 2009. The Applicant mailed the public notice to
the adjacent property owners on June 6, 2009. No comments were received within 30 days.
8. The Director finds that the pazcel contains some constrained areas such as a low wildfire hazard, steep
slopes, and riparian areas. The Director further finds that the envelopes can either be modified or
mitigation can occur so that compliance with the Code is obtained.
9. The Director further finds that the proposed CDU complies with the Special Review criteria as outlined
in Section 2- 30- 30(h) of the Code. The CDU is consistent with the Downvalley Comprehensive Plan,
does not conflict with other code sections, does not endanger the public health, safety, or welfare, will
not injure adjoining property values, is consistent with the AR-10 zone district, is compatible with the
neighborhood and surrounding land uses, has adequate public facilities to serve it, and will comply with
Section 4-30-50(e) of the Code.
APPROVED by the Director, subject to the following conditions:
1. 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.
Page 1 of6 RECEPTION#: 561060, 07/20!2009 at
02:52:37 PM,
1 of 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
~a - 2009
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 review. Structures
represented in the application might not be permitted under building and zoning regulations.
Prior to submission of the site plan application, the Applicant shall be required to submit for approval by
the County Attorney and Community Development an Activity Envelope Plan in accordance with Land
Use Code Section 2-30-20(g) and Application Manual Section 2.1.1. The above referenced approvals shall
be a condition precedent to finalization and recordation.
a. The Activity Envelope shall be drawn 100' from the mean high water mark of the Roaring Fork
River,
b. The access and walkway maintenance envelope shall be reduced to 10' measured from the
center line of the walkway.
4. Site plan approval is required prior to submission of any building permits. Approval of this activity envelope
does not ensure approval of site plan review.
5. No structural development, with the exception of fencing, in excess of 30" shall occur within the
setbacks of the Lot. Landscaping in the form of berms shall not exceed four feet from the most
restrictive Bade. Any external development located within setbacks mandated by County zoning
regulations shall require a variance from the Board of Adjustment. Approval of a landscape envelope
within such setbacks does not assure approval of a variance.
6. The parcel is exempt from Growth Management up to 5,750 square feet and cannot exceed this floor area
limitation without approval for use of a TDR or successfully competing in the Growth Management
competition.
7. Hearing Officer Determinations No. 044-2001 shall be rescinded and replaced with this Decision.
8. The shed and deck that reside within the 100' riparian/wetland setback of the Roaring Fork River are
considered legal non-conforming structures. These sWctures may not be expanded, restored, or replaced
without further review.
9. No further landscaping or vegetation removal shall occur in the lower area down by the River.
10. The access and walkway activity envelope is for maintenance purposes only. The walkway shall not be
expanded.
11. Standards Applicable to All Wildfve Hazard Areas: Development is allowed in wildfire hazard areas
subject to conformance with the following development standard.
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit
a property owner's ability to comply with this section, 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 ten-foot (10')
perimeter around all structures.
b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a
minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater
slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners,
Page 2 of 6
5Z- zoos
which provides general guidelines that may be modified by a wildfire expert acceptable to the
County).
c) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a
minimum of two (2) times the height of the fuel Maximum diameter of the clumps shall be
equal to the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
d) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a
height of ten (]0) feet above the ground with removal of ladder fuels from azound trees and
brush.
e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10)
feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels
have been removed. In areas of aspen regeneration, understory shrubs and down and dead
materials shall be removed.
f) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
(15) feet of chimneys shall be removed.
g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced
where natural reduction has not already occurred.
h) All deadfall up to a one hundred (100) foot perimeter shall be removed.
i) No new conifer trees shall be planted within ten (10) feet of a residence.
j) No flammable mulches shall be placed within two (2) feet of a residence.
k) The property owner shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Access
a) Access roads and driveways shall be built to County standards; however, these standards may
be increased to mitigate wildfire hazards based on comments provided by the Colorado State
Forest Service, the Sheriff s Department, local fue 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
a) 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.
b) 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
departrnent approved mechanism (such as a fire hydrant). The Applicant shall install a 20,000
gallon water tank unless the Aspen Fire District confums the neazest hydrant or other adequate
water supply that would alleviate this requirement.
c) All new development shall conform to the appropriate building Code(s) with regard 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:
a) Low Hazard Area
Page 3 of 6
5 z- 20 ~~
1. Roofing Materials
2. Class A covering or Class A Assembly as defined by the currently adopted
Building Code.
3. No wood shakes or shingles.
4. All other adopted Building Code compliant methods and materials permitted.
E. Roofs with less than a 3:12 pitch aze not permitted in Low, Medium, or Severe Wildfire Hazard Areas
unless they comply with the following:
a) All roof coverings shall be constructed ofnon-combustible materials and installed on a Class A
roof assembly.
b) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
c) Protrusions above the roofline, such as parapets, shall be prohibited.
d) Roofs shall be installed as required by the adopted Building Code and shall have a minimum
pitch 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.
F. Maintenance and Miscellaneous Requirements
a) Roofs and gutters shall be kept clear of debris.
b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth ('/<) inch
maximum.
c) Yards shall be kept clear of all litter, slash and flammable debris.
d) All flammable materials shall be stored on a parallel contour a minimum of fifteen (I S) feet
away from any structure.
e) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more
than six (6) inches.
f) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away
from the structure.
g) Swimming pools and ponds shall be accessible by the local fve district.
h) Fences shall be kept clear of brush and debris.
i) Wood fences shall not connect to other structures.
j) Fuel tanks shall be installed underground with an approved container.
k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standazds 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.
I) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
m) The Applicant shall comply with all requirements of the Basalt Fire District Code.
n) 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 a non-
combustible post.
o) The Applicant shall comply with all requirements and standazds of the Aspen Fire Department.
12. The Applicant shall comply with the following general conditions regarding wildlife:
A. When existing native vegetation must be altered within the Activity Envelope, the Applicant
may be required to prepare a habitat mitigation plan acceptable to the County. Such mitigation
plan may substitute (in a nearby area on the subject property) vegetation equal in type and
Page 4 of 6
5Z- zoo°~
quantity to that being removed to mitigate effects on wildlife species. Should there be no
opportunity on the property for habitat mitigation or restoration, off-site mitigation benefiting
the same species may be required, or financial mitigation may be paid into a County habitat
mitigation fund should such a fund be established in the future.
B. Manipulation of vegetation outside of the Activity Envelope is prohibited.
C. Mesh or woven wire fences are prohibited outside the Activity Envelope.
D. 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.
E. Wire fencing must be three (3) strands or less. The top wire should be atwelve-point-five (12.5)
gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands
(which may be bazbed) 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 Bound.
F. Tall overly mature trees and standing dead trees (snags) shall be retained at the rate of two (2) to
five (5) per acre whenever possible as nesting and perching habitat.
G. In azeas of high black beaz activity, fruit bearing trees and shrubs shall be prohibited within the
Activity Envelope. This does not include pre-existing native trees and shrubs.
H. Development shall be clustered to the maximum extent possible to minimize impact on wildlife.
I. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or
otherwise managing wildlife.
J. Trash/garbage shall be kept in an approved bear resistant container or enclosure especially
during construction.
K. 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.
L. Horse grains, pellets, and cookies shall be stored in bear resistant containers.
M. Pet food shall not be left outside.
13. The CDU shall not exceed 1,000 net livable square feet of floor area, which shall count towazd the total
allowable floor area 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 freezer. The floor plan for the CDU shall be submitted to the County Housing Office for
review.
14. The Applicant shall, by covenant, 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;
o. 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 teens not less than 6 months if rented.
15. 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.
Page 5 of 6
5 z- ux~q
16. The cazetaker 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.
17. 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.
18. Upon building permit submittal for the CDU, legal proof of a water supply for the dwelling shall be
supplied.
19. No development shall occur outside the approved activity envelope with the exception of vegetation
removal necessary to comply with the wildfire mitigation measures described above. The Applicant
shall be required to obtain an Earthmoving Permit for any work outside the approved envelope.
20. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the
comers of the activity envelope and install construction fencing around the construction site within the
perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of
Occupancy.
21. All areas disturbed by construction shall be re-vegetated with native shrubs and gasses within one
growing season of the project's completion.
22. 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 July
2012.
23. 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.
PUBLISHED AF,~'ER A,pOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times
Weekly on thew'1 day of ~, 2009.
APPROVED by the Director, this (~ day of~, 2009.
(~ ~~ aye ~~g..J~ Cf~
Cin~y ~Iouben,
Community Development Director
PIDN 2643-162-00-023
P043-09
Page 6 oj6
o z- zoos
Attachment A
Legal Description
Subdivision: MB WOODY CREEKA TRACT IN LOT 12 SEC 16-9-85 DESC BY M/B BK
550 PG 380
Mauntel Activity Envelope Review
& CDU Special Review
Grafton Smith
graftonsmith@comcast.net
Mauntel Activity Envelope Review with Vesting
& Caretaker Dwelling Unit Special Review
List of Exhibits
Summary Letter -Request & Review Criteria Pages 1 - 29
Additional Review Criteria
Legally Created Parcel
Merger
Adjacent Land Owners
Activity Envelope Plan
Vicinity Map w/legal description
2001 1041 Approval - HO Determination 004-2001
ISDS Permit
Well Permit
1961 Deed -Matthew to Wazd
1920 Patent -State of Colorado to T.A. Smith
Certificate of Ownership
Signed Fee Agreement
Owner's Consent
Pre-application Conference Summary
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Parcel IU: ~r,-tt-Ih?-un-t12~
Page 30
Page 30
Page 30
J tl~~J ~~ W
Mauntel Activity Envelope Review with Vesting
& Caretaker Dwelling Unit Special Review
Applicant: Susan Mauntel
Location: 334 Twining Flats Road
Woody Creek, Colorado
Parcel Size: 2.24 Acres
Representative: Grafton Smith
Phone: (720) 536-8620
Parcel ID: 2643-162-00-023
Zone District: AR-10
Email: graftonsmith@comcast.net
Request: Susan Mauntel, the Applicant, requests Activity Envelope Review with
Vesting and detached Cazetaker Dwelling Unit (CDU) Special Review for her below
listed property (see attached Certificate of Ownership) in order to re-develop her Single-
Family Residence.
Property: The Property contains approximately 2.23 acres and is located between
Highway 82 and the Roazing Fork River about 1.7 miles down valley from the
intersection of Highway 82 and Brush Creek Road (see attached Vicinity Map and
Activity Envelope Plan.) It currently contains a Principal Residence of approximately
2,200 squaze feet of floor azea and is serviced by a permitted ISDS (see attached permit
number 720145) and a well (see attached Well Permit #71096). Twining Flats Road
transits the Property in a 60-foot wide easement and there is an access easement for the
use of the road running with the Property.
While the Property is in Highway 82's mapped scenic view plane, the terrace on which
the current structure is constructed and where requested Activity Envelope will be located
is over 80 feet below the level of the Highway and no structure meeting the current Land
Use Code could possibly be seen from 82.
Previous Land Use Approvals: The only previous land use approvals have been for
a 2001 1041 Hazazd Review and a 700 square foot Cazetaker's Dwelling Unit (see
attached Hearing Officer Determination 004 -2001)
The Property lies in the AR-10 zone district, is non-conforming as to size and is entitled,
under the 2006 Pitkin County Land Use Code (PCLUC) to up to 15,000 square feet of
development. Any new Residential Floor Area in excess of the 5,750 squaze feet exempt
from Growth Management will be need to be achieved by virtue of competing in the
GMQS for Additional Floor Area and/or through the TDR Program -subject to Special
Review.
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Parcel IU: 2r~-1t It,2 UO 1)21 Pa se 1
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Review Criteria for Specified Land Use Code Sections
2-30-20: ADM7NISTRAT7VE REV/EW PROCEDURE
(g) Criteria for Approval
(1) GENERAL
Except as stated in subsections (Z) through (781 below, an application fns administrative review shall he
upprored if i[ complies with lu1 all applicable provisions of this Land Use Code, (b) all applicable Land
U.ce Policies listed in Sec. /-611, and lcl all prior developnrentapprovuls applicahle to the subject
properh'. Where the decision of staff will result in the apprncal of a /crud use that is not permitted by
right in the none district where the property is located, compliance with the requirements ofthis Land
Use Cnde shall include, btd shall nol be limited tn, crnnplicrtrce with /hose standards for specicd review
uses in Sec.c. ?-30-301h1(') and ?-90-20, as applicable.
Response: The Application complies (a) with all applicable sections of the 2006 LUC,
(b) all applicable sections of the Land Use Policies listed in Section 1-60 of the LUC and
all previous land use approvals. All land uses requested in this application aze permitted
by right in the AR-10 zone district, with the exception of the detached CDU, which is
allowed via Special Review.
(3) S/TE PLAN
A Site Plcm shetll be approved if it complies with (a) all applicahle provisions of [his Lund 1' Ise Code, (b)
any Activity Envelope previously approved for [he property pursuunl to Sec. '-l0-J0, and lcl all prior
development approvals applicab/e to the subject property. Where the property contains Cbnstrctined
Areas, the Community Development Department .rtaffshall follow those Priorities fur Locating New
Activih+ or Development listed do Sec. ~-10-60. Ifun Activity Envelope has no[ been previously
established for the property pursuant to Sec. '-10-~0, one .shall he established us port of the .Site Plan
Review prncerc.
Response: The above section does not apply to this Application as Applicant is not
requesting Site Plan Review at this time.
(3) ACTIVITY ENVELOPE
An upplieutirrn firs designadion of un Activity Envelope shin/ be approved if it complies with the standards
artd erftericr e,ctctbli.ahed in Sec. '-10-50. If the applicant chooses to apply for definition of an Activity
F.nvelnpe separcnelc from approval ofa Si[e Plun, the Activity Envelope shall be designed to
crccmrunodute the largest Name and related septic field possible nn the .cite pursuant /o Table 5-1 after
the use gfTDRs ar a GMQS allocution to increase tenure .rice. The defmi[inn of an Activity Envelope
haled rnr a maximmn house sire acrd septic fie&1 shall nut create any pre,cvmptinn that a .Site Plun fur u
house u[ the same size car[ or will be upprored pm~suunt to this Land Use Cnde. The applicant may
spec[/j,~ that the Activity Envelope is being ereuted,for a house smaller than the nruxinrurn allowed under
Table ~-1, and in that event the Activity Envelope will be designed to uccammadute u house and septic
freld of that size. Where the property contains Consnwined Areas, the Community Development
Deportment ,cmjf shall jollmv those Priorities for Locating New Activity m~ Development lia'ted in Sec..'-
10-6t1 Achtal siting of the septic field shall require final approval pursuant to the Envirornnental Health
and Nantrul Resnutres On-Sfte Wuslewuter Treutnrent System regulations.
Response: The Application complies with the review requirements of Section 7-10-50
below. The Applicant chooses to apply for an Activity Envelope sepazately from the
approval of a Site Plan. In order to allow for the greatest flexibility in sizing and locating
future development on the Property, the proposed Activity Envelope (see Activity
Envelope Plan) encompasses the entire azea of the Property not subject to steep slope,
highway setback, stream setback restrictions or other hazards as they might exist on the
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Parcel ID: _'h-1. I(,? II(I 11^_3 Pa ac
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Property.
(4-a5& 8-/8) .SECT/ONS of 20-30-20(g)
Response: These sections do not apply to this Application.
(7) GMQS EXEMPT/ONS AVAILABLE THROUGH ADM/NISTR.~1 T/VE RE6%EW
Esemptinns,frnm the requirement for a GMOS allotment that use aruilable through Administrative Review,
as shown in Table ?-l, may approved j the comply with the requirements, for the specific /tipe qJ exemption,
ar se[,forlh in Sec. 6-30.
Response: The Application is requesting an exemption from growth management through
Administrative Review for a CDU as provided for in the LUC and will comply with the
requirements in Section 6.30 below regazding CDUs.
7-IO-50: SITE PLANAND ACTIVITY ENVELOPE
(q) The in[enl of this Chapter ~ is to allow uctivilies and development to take place where thzv comply with
the proviriuns qj dais Land Use Cnde and with the Pilkin County Comprehensive Plan for the urea.
Compliance evil! genera/Iv involve avoidance of "Cansh•uined Areas "through the identificut%ort of an
"Aclivihr Envelope, " as well as apprarul ofa Site Plan. For purposes of Chapter ,', "Constrnined Areas"
include all areas included in each of the following categories, as c(efrned ur:d regulated by dais Land Use
Code: (i1 Area.r n/:Stutewide Interest listed in C.R.S. 2-1-65.1-11)! eL .ceq.J. (iii steep and pntewtiaQv
unstable slopes, (iiil water courses, druinnge channeLg mrd m~eus sul?jec[ to erosirna, (iv) floodplain hazard
areas, hV geological hazard areas, (vi) severe or Iow [n moderate wildfre hazard areas. lvii) wildlife
habitat areas, li~iii/ river crud stream corridors and wetlands (ixl irrigated lands far fund nr trop
production, Lct historic presen¢rlion areas, and (xil arclrenlogicul re.cnurce areas.
Response: The proposed Activity Envelope avoids all of the above constrained aeeas.
(b) The Site Plun process incorporates an "Activity Enve/ape" approach in which the County stuff works
with the applicant to determine which portions of the site (if anyl would permit the proposed activity or
development to be conducted in compliance with this Land Use Cade and in conformity with the
Comprehensive Plun, for the urea Ln general, this process will involve bolls a detennincrtion of (i) which
portions n/the site are not availab/e firs development because of the existence nfConstruineu',4reus, and
(iil nfthe remaining portions of the site, which urecrs would uccwnmodate the uctirity or development so us
to minimize irnpaG.c oaa surrnttnding properties, maximize compliance with the reyuirenrents ~?Elbe
development standards irr this Chapter ', and maximize compliance with the Comprehensive Plan goals
and objecth~as.
Response: The proposed Activity Envelope does not include any constrained areas and
complies with the requirements of Section 7 of the LUC and the Comprehensive Plan's
goals. While the pazcel contains over two acres, a significant portion of the property is
either within highway or stream setbacks, is subject to the 60-foot wide Twining Flats
road easement, and restrictions for development on potentially unstable slopes.
(C) /n general, the defined Activih~ Envelope for development ofprimarv uses shall he large ~ennugh to
accommodate the proposed principal use of the properh~ and traditional permitted accessory structures,
inji•astrmture Iruadr and septic systems), and uses, but .chnuld not he significantly larger than the area
needed for such structures. 6t the Buse ~fu site wit/t.few Constrained Areas, the defined Activity Envelopz
may include more than one potenaial building site for a new single,fami[v home. The deferred Activity
~lumlcl \cUcrts I.m~lrr~~~. R~ciess K (~I)li tipc~ial Kccircc
Parcel Ill: 3(,-4i I(,'_ (1O (P2:, I':r_c ?
~, i 'l9 li `, ~{
Envelope mczy include non-contiguous areas (including separate areas fbr septic fields, landscaping,
driveways to public roads, mitigation measures required in connection with anv provision aj'this C'hupter
', and/or areas to be disttrbed only during construction on [he property -including staging areas and
materials storage areas/. Canstr•uction oftrailc tail/ nut require mt.9 clivity Envelope analvs'is except as
required hy~ Sec. ~-10-50.
Response: The proposed Activity Envelope complies with the above Section.
(d) Clearing, grading, grubbing, earthmoving that exceeds fifty (JIl) cubic yards, or changes in the natural
drainage of the site shall actor only after an Activity Envelope has been de/fined and all applicable local,
state and,federnl permits hcn+e been obtained. In addition, Site Plan Approval is required i,fthese activities
wit/occur on a property within a Scenic D'iew Protection Area.
Response: The Applicant will comply with the above.
(e) Once an Activity Envelope has been defined, the natural grade, topography, vegetation and drainage of
areas nutcide the defined ar•eus shall not he disturbed except as specifically permitted in dtis Land Use
Code. Prior [o anv development activity on the parcel, the boundaries ofthe ,4ctivity Envelape shall be
ideruifled with construction fencing and such. fencing shall remain in place until development has been
completed.
Response: The Applicant will comply with the above.
While it it preferable to oh(airt approval ofan Aclivlty Envelape us purl nfthe Site Plan approval
process, applicants wlto are not prepared to suhmit a Site P/an for a specifre structure rrtav request
approval of an .Activity Envelope separately. Prior to the issuance rfa Development Permit, the nppllccmt
shall he required to apply for and obtain approval ofa Site Plun ennftrming that the proposed development
is consistent with the defined Activity Em~elope and with other standards in this Lund Use Code not
considered at the time the Activity Envelope was defined.
Response: The Applicant is requesting Activity Envelope approval sepazate from Site
Plan and will comply with the above.
(g~ The standards in this Chapter ?shall be used (i) to ident fv the Activity Envelope on u property°, (iil ro
review and approve the Site Plan for proposed development, and (iii) to regulate development within the
,4ctivity Ern+edope-pursuant to the Si/e Plan. Development,Standards in this Chapter .' which are to be
reviewed us part afActivity Envelope and Site Plan review arc set forth in Table '-1 helots.
Response: The Applicant will comply with the above.
7-10-10: SITEPREPARATIONAND GRADING
(a) Grading and Fill Placement
Grading undfilling un u site shall take place only within cr defined Activity Envelope. All grading and fill
placement that exceeds Etta /501 cubic yards shall be indicated nn the Site Plan.
(b) Clearing, Grubbing, and Vegetation Remova(
C'/curing m~ grubbing of /and. or removal of vegetatiot shall take place only within an approved .9ctivi[y
Envelape, except removal ofnorious weeds may occur outside of un Activity Envelope. Each Site Plan shall
document cnmpliunec with [he requirements ofthis Sec. ~-20-10(h1 and Sec. '-20-/30.
(c) Tree Removal and Mitigation
Each tree with .cix (hl inches or larger diameter at breast height (D.6.H.1 Iha! is removed within Nre
Activity Envelope .stroll be replaced with one tl) or mare frees with tofu/ D.B.N. at least equal to the
caliper(sl n/7he b~eels) removed, nr the muximmn extent practicable. Am' tree that (i) is diseased, nr t iil is
~itnuucl .lctiyits I mclo~ir I<ccicyy c~ ('t)l' S~,cci,il Kcytcyt
Parcel ID: ~n-li-I(t~-l)(1-U'_3 Pa,e-l
~C~!` ~' 9
required m he removed pursuant to the provisions of Sec. '-20-611, us those regzdrements mqy he varied by
a wildfire expert approved by the Couny', mm' be removed and no replucement shall he required. All
revegetutinn .shall also comply with the Pitkin CoztnN Revegetution Guidelines. Required replucement trees
drat du not survive jor at least one l Il year utter inslallatiat shall be replaced at the owner's expense, and
the Cnunh~ may require financial secm•ity for such replacemern pursuant to Sec. ~-311-1301b1('l
Response: The Applicant will comply with the requirements of the above section.
(d) Prrrtection oJ'Naturul Terrain
The County Engineer nr Cammuntry Development Director shall suggest and muv require design and
construction techniques chat lesszn nr mitigate any plrysicul and visual damage caused $v the proposed
activity or development to Constrained Areas or to the nanrral terrain, stream vegetation, aul alher
natural fecr(ures of the landscape withbt llte .9etivity Envelope. Techniques shall include, but ore nal limited
to:
(/) REVEGETAT/ON
Revegetation and reforestation utilizing native or similar hortic•ulnrral nrulerial, to he completed during
the first plun[ingseuson after construction; where vegetation is removed it.ehall be replaced with
vegetation that will reach similar density and height to that removed within hvo (?/ years jirllowing
conclusion of construction.
(2) TOPSO/L
Rentrming aid saving topsail prior to any grading or excavating and replacement for rc vegetutiort.
(3) WEED PREVENT/ON
Weed prevention, thistle management, and prohibition gfnnn-natn~e plants, which mqv include reducing
animal damage to vegetation cover, as determined by the United S/ales Soil Cnnservatiurt Service Soil
Survey.
(4) UT/LITY/NSTALLAT/ON
Locating and installing utilities in n manner minimizing dancrge In the ncrlural envirmm~en/and scenic
qucrlih'
(S) EROSION, SED/MENTAT/ON, AND STORMVI'ATER MANAGEMENT
(u) Land user shall:
1. Nnt cause erosion problems and, if prae[icuhle, re/uin all soil art site;
2. Minimn_e disturbance of natural vegetation and.rnil cover;
3. Ensure tltctt cdl cuts rrrtd,fills are adeyvately designed and vegetated to control erosion as well
us .c[ability of the slope a•ea;
4. Ensure Thal nulurul drainage patteets are preserved and prolected.from iner•ecrsed waterjlnwtc
that subject existing channels aid adjacent areas to increased erasion, and
S. Preserve natural vegetation and soil cover within /hose bttfjer distances udjurent to rivers,
streams, lakes. reservoirs crud we tlands/riparian areas established in .Sec..'-20-80.
(b) Mitigation measures identified in un approved erosion, sedimentation, or sturmwater manageruen[
plan .ehall remain in place until revegetalion is viable.
Response: The Applicant will comply with the requirements of the above section,
7-20-20: STEEPAND POTENTIALLY UNSTABLE SLOPES
The fnllowirag provisions shall apply whenerer steep slopee• nr potentially tmstahle slnper occur within the
Activity Envelope, but do not apply when the Activity Envelope have been defined to crrnid such urecrs.
(a) Slope Delineation
Slopes shall be delineated within the Activity Envelope with hvo (21 foot contour intervals. Slopes' hehveen
each Min (2l foot contntrr in eueh of the fallowing categories shall be destgna/eel by a distinct graphic
punnet.
(!) Slopes dial a•e fifteen (151 percent or greater, btu less Ihcrn thirty (301 percent
(2) Slnpec that are thirty (301 percent or greater, but less than forty-Jive (4~l percent;
(3) Slopes that are forty-five (95) percent or greater.
(b) Forty-frve /45) Percent or Greater Gradient
Development is prohibited on slopes with u slope gradient equal to or exceeding forty-frve (-1.5J percent,
\-luun~cl ~ctisily Lmdnpe kc~icvs .~ CI)I~ S~~~rriul Rcsicss
Parcel IU: 21,d'. 11,2 O(l(123 Paee
ar;"^~'0 a
J L'i!
except:
(/) Where:
(a) The lot is in u legally platted subdivision, recorded prior to / 9'l, and
(bl There is no alternative building site that avoids areas ofslope exceeding forty-frve ld~l percent.
and
(c•J An engineer or geologist licensed in the State nfCnlorado demonstrates that the site run be
engineered sn that there is na hazard posed by the location ofdevelupmen! on such slopes, and
(dJ The proposed development complier with all standards in subsection te)(1) below applicable to
slopes of thtr[y 130) percent or greater; and
(2) As prortded in subsections (01131 or !c)(91 below
(c) Thirty (30) Percent or Greater Gradient
Development is prohibited on slopes with n slope gradient n171rirty (30l percent or more, except as follozas:
(/) N0.4LTER.NATl1 E BD/LD/NG S/TE
If7here it na uhertru[ive building site available an the parcel with slopes' ofles's than thirty t30) percent,
development that not roads or driveways) mqv be approved fiv the Commzmihr
Development Department through the Site Plan process subject to the fi~llowing development standcn~ds:
(a/ An engineer or geologist licensed in the State qj Colorac(o shall he required to demoastrc+te that the
site run he engineered sa that there is no hazard posed by the locution nfdevelupment on such slopes.
(6) To the extent passible, dee development shall be desigtaed so as to. avoid adding water to the site
that would cause decreased stuhillh': ovoid removing the toe of the slope without adeyuc:4e medtanicnl
support; avoid increcrsirtg the weight load on top nf~the slope; re<•ontnur disturbed slopes so [hat they
can he re-vegetated; ovoid steepening of existing slopes.
(cJ 4rrv development approved pursuant to this section .shut! he conditioned upon compliance with the
engineer or geologist's recommended mitigation measures.
(d) Followbtg Site Plan review, and prior to dhe application for a Building Permit, a precise engineer
or geologist approved mitigation plan shall he submitted by the applicant that .shows the area of
distm~hed slope, any re-grading required and the exact size and location ofall mitigation devices. The
nritigution meurm~es nn+st he determined by the Contmunih' Development Depart+nenl to be the lec+s(
visually and eeologkulh- ohhztsive alte+•natives.
Response: There aze no slopes with gradients in excess of 30% within the proposed
Activity Envelope other than a proposed access envelope to allow repairs and
maintenance of the stairway connection to the lower relatively flat recreation area of the
Property closer to the river.
(2J PARCELS W/TH SOME AREAS OF LESS THAN TH/RTY (30) PERCENT SLOPES
(a) Ifa parcel contains areas with less than thirty (30) percent slopes that are accessible by a rood or
drivewdv that meets the requirements afthis Lund (Ise Code, but such areas (after exchcriun of
Constrained Areas) c+re not large enough to develop the floor area permitted by underly+>rg .Doing,
then areas containing slopes of less dhan thirty (301 percent must be utilised to derelap us much of the
floor area as can feasibly be ucconntroduted. Areas containing slopes of thirty (3!I) percent nr greater
(but mu exceeding forty-five (d5) pereenl) may then be used for develnpnrent of the remainder of the
permitted floor urea. The resulting area specified for development should defrne a contiguous urea
with slopes of less than thirty (30) percent to the maximum extent practicable.
(6) Development ors slopes equal !o or exceeding thirty %30/ percent jbut less than or eyual to j'orN jive
ld51 percent/ shall be subject to the developmem standards in ,Sec '-20-30(c)I11 lal through Idl., and
shcdl minimize disruption ofnatura! terrain us viewed fivnn any of those roods fdentifted in Sec. '-20-
110(6).
Response: There are no slopes with gradients in excess of 30% within the proposed
Activity Envelope other than a proposed access envelope to allow repairs and
maintenance of the stairway connection to the lower relatively flat recreation azea of the
Property closer to the river.
\4aunlrl :Acticit~ I~mclupc ticxicss & ('I)1 S~~crial hrcicss
Parcel ID: 2(rd i ~ h_' 00 f)^_ i 1'at!c (~
~~y~;Gf~
(3) M/NOR SLOPE ANOMAL Y
Through the Site Plan process, exceptiats for minor changes in slope-develnpmeru~ray he ,permitted on
lands [hat bore a slope equal to or in ercesr of thirty l301 percent when the slope is due ut +'he presence
of a minor natural or minor man-made change in the gradient of a continuous slope, provided that un
engineer nr geologist licensed in the State ofCudorado demonstrates that the slope's ground surface it
nut prone to instability ur faihme and [hut [he proposed develnpmeru will not causa greater instahility or
increase the pntenticrl for slope failure.
Response: The Applicant will comply with the above.
(4) EX/STING ROADS AND OR/[•EWA}S
Thrnttgh the Site Plan process, an exception for minor road and drirewgv improvements rn;ry be
permitted to existing roads crud driveways that draverse preciously distm~bed slopes equal to or in excess
ofthirty 1301 percent, provided that the upplicantdem~nstrates that all of the foll~wingcnrrditinns are
met:
(a) The road or driveway wac legally created, as demonstrated by li) u valid copy of the permit for the
road or driveway, or (ii) evidence that the road ar driveway seas consn•ucted prior to the Cntmh•'s
rood or driveway permit system in / 993, or (iii) thus a permit was not required to cartslntct the rood or
driveyvuv.
(bJ The proposed use of the road is an existing legal use /i. e., ifresidential develnpn:ent is proposed, it
shall he dernnnrtrated that the rood already services an existing legal residential sU•uctzrrel. The
current use of the rood or driveway shall not change hehveen residzntia/, cnnrnrercial, Irrdging nr
industrial:ese. No road intprorements shall he permitted pursuant to this provision to allow the
development of any structure where there is nn pre-existing, legal sh•ucture 1e.g., a mining rood or
jeep road [hut provides access to a vacant parcel shall not he improved pursuant to this provision /o
create ucces.r to a new residence).
(eJ The improvements shall be limited to existing roads and driveways diu[ traverse previously
disttzrbed.rlnpes equal to or in excess nfthirry (301 percent and comply, or can comply without
impacting sdnpes equal to ar in excess ofthirty (30l percent, with the minimum requirements in the
Pitkin County Road Management and Maintenance Plun fi»• width, grade and curvature. New rood
and drivervcrv imprnventenXS that h~averse mtdis[urbed slnper equal to nr in excess of thirty 13ti1
pereerzt are prohthiled.
(d) The improvements shall be minor in scope and.xhull he the minimum required to znsttre the safety
~f both the general public and safety agency personnel. hnprnvemerzts that Wray he permitted pursuant
m this provision Wray include, bu/ not be limited ta, pullouts, turnarounds nr grading rf dte road ur
driveway udzerwise complies with the standards of the Pitkin County Rnad Management and
Maintenance. Plzen. Improvements that would create further impacts on slopes equal m nr in ~rcesr of
thirty /30l percent in order to bring an existing road m driveway info cun:pliance with tl4e mittimum
s'tundards gfthe Pitkin Cowzry Road Murtugemenl and A-luintermnce Plan are prohibited.
(e) An engineer or geologist licensed in the State of C'nlorada demonstrates that the slope's ground
surface is urn prone to instahility or faihtre, and that the proposec( irnprvrvements will not cause
greater instahility nr increase the putentiul,frtr slope fuflure.
Response: The Application complies with the above. The Twining Flats road was
constructed prior to 1993 (existed prior to 1961) and does not cross slopes in excess of
30% while on the Property.
(SJ SHORT DR/VEWAY ENCROACHMENTS
Through the Building Permit process, an exception for short driveway encmachmenls muv he permitted
as fbl[uws:
/a) This exception may only he utilized where there is no alternative alignment on slopes less than
thirty (301 percent and dre proposed drirewuv is free ojall of the fndluwing lruzardr: high hazard
uvu[unche zone (red zone) mtd moderate hazard uvulunche zone (blue zunel, landslide areas, or
ruckfull meas. (See See. ?-10-50J
(b) For a maxtnttun atone-hundred 11001 linear feet per lot ur parcel, the driveway may encroach on
>-launtcl ~cti~ its I mrlu~~~_ Itcs irss c~ CDI S~+a:iul Rcs icss
W.u-ccl IU: _'(~~i Ih3 (10 O23 P,+_e i
slopes between thirty 1301 percent and a maximum nfforty-frve (45l percent gradient. The maximum ql'
one hundred (lull) linear feet of permitted enrrauclzment shall be measured along the centerline of the
drivetvav.
(c) Al[ development permitted pursuant to [his .czclian shall be .czrbject to tyre development .ctandardr of
Sec. '-20-20Ic'Jlll(a) through ld).
Response: This section does not apply to the Application as it does not contemplate a
driveway that would need to cross slopes in excess of 30%.
(h) MICRO HYDROELECTR/C SYSTEMS
Construction and maintenance nfmicro hvdroeleclrlc system improvements on steep slopes maybe
approved by zhe BOC'C' [hrrough (he Special Review urrd Site Plan process subject to the following
development standards:
(W An engineer ar geologist licensed in [he State of Colorado .rho/! he regrired [a demnnsh~ate that the
.cite can he engineered su that there is no hazard posed by the location of the system corrrportents on such
stapes.
I61 Tn the extent possible, the system components shcdl be designed so as to. avoid adding rvuler to the
site In et manner that would ccnrse decreased.rtability: avoid removing the toe of Ote slope: re-contour
disturbed slopes so drat Utev can be revegetated; avoid steepening of existing slopes.
Icl Anv development approved pursuant to this section .shall he conditionec( upon compliance with the
engineer or geologist's recommended mitigation measures.
Idl h'n/lowing site plan review and prior to the applicution for a building pormit, a prec ise engineer or
geologist approved mitigation plun shall be submitted by the applicant that shows the area ofdisturbed
slope, any re-grading reguired and the exact size and location of all mitigation devices. The mitigation
measures must be determined to be the least visually and ecologically obtrusive alternatives, and can
inchzde bu/ crre not (invited to hand-bm~ia! or non-burial of [rcrrrsmissinn pipelines; prohibition of the use
ofexcuvutiun eguipnrent for finmdation impruvemerrts: and the pasi(auning oJ'facilities so [hat vegetatimr
removal is Aept to a minimum.
Response: This section does not apply to the Application as it does not contemplate the
installation of a Micro Hydroelectric System but if in the future the Owner of the
Property wishes to, they will comply with the above code section.
(7) HABITABLE RETAINING STRUCTURES
Through the Site Plan process, an exception for 'habitable retaining structures"and similar types of
construction may be permitted at the toe, or along the base ofslopes equal to or in excess of thirty (30)
percent, including slopes in excess offorty-five (45) percent. This section shall not modify other
prohibitions on development including but not limited to those in Section 7-ZO-50 Geologic Hazards. This
section is available only when all of the following conditions are met:
(a) The property on which the habitable retaining structures are proposed to be built has previously been
developed with a structure(s) that meets County Codes for human habitation and that was built pursuant
to valid County land use approvals and 6uildingpermits (as applicable).
(b) An engineer or a geologist licensed in the State of Colorado has provided a report demonstrating to
the satisfaction of the BOCC that the site can be engineered so there is no hazard posed by the location
of the proposed habitable retaining structures on such slopes.
(c) The proposed structures shall be designed to function principally as retaining structures, but may
also be permitted for human habitation. A habitable retaining structure that also meets the Code
definition ofa residential dwelling unit, or is a structure that would typically be accessory to a
residential dwelling (such as a garage), or any structure that includes plumbing facilities shall not be
allowed pursuant to this sub-section.
(d) The proposed development at the toe or base of the slope shall be designed to avoid adding water to
the site that would cause decreased stability or would increase the weight load on the top cfthe slope.
(e) Slopes that are disturbed by the proposed development shall be re-contoured so they can be re-
vegetated, and a plan for such re-vegetation shall be provided which restores the exposed .slopes [o a
stable, natural condition.
tilaun~cl ~cUCii~ I mcluhc Kc~ic» & CI)I ~ tihc~iul I~ecic~o
P.u•ccl ID: ?h~I ; I(r2 (Itl (12?~ 1'aee S
`1 =.it' '7
`~Qu.. 1,
(n The proposed habitable retaining structures sha71 comply with the standards fim retatning walls found
in Section °-ZlI-20 (el j6) of this Cade as upplicahle, but shad! not be subject to the limits nta changinK
nahmul grade, the limite on graded, exccnarted or frlded man-made slopes, and the guidelines for
retaining walls fomtd in Section '-ZO-20 (e) ('2), (3l, and (5) of this Code.
Response: As the Activity Envelope does not include any azeas with slopes in excess of
30%, the above does not apply to the Application but where it might, the Applicant will
comply with the above.
(d) Less Thmr Thirty (30) Percent Gradient
Developmerzt is permitted on slopes with less than a thirty (301 percent gradient.
Response: As the proposed Activity Envelope does not include any azeas with slopes in
excess of 30%, development is permitted within its boundaries. There is a proposed
access envelope to allow for the repair and maintenance of the stairway connection to the
lower relatively flat recreation azea of the Property closer to the river which includes
areas of slopes in excess of 30% but it is not to be used for development other than the
stairway.
(e) Additional Standards
All activity and development on .elopes with a gradient of thirq~ (30I percent or greater shall comply with
the following standards.
(/) DENSITYSLOPE REDUCTION
/f more than thirty (30) percent of the total land area ofparcel is encumbered with slopes ofjorry five
(45) percent or greater, the maximum permitted density of development on the parcel shall be reduced
pursuant to Sec. 5-10-20.
(2) LIMITS ON CHANG/NG NATUR,4L GRADE
The original, natural grade of areas within the Activity Envelope .chctll nut he raised ar Imvered more
than form (4) feet a[ any poin! for construction of any structure or Improvement, except:
(a) The .cite 's original grade maybe raised or lowered a maximum of seven (?) feet iJ~retuining walls
are used to reduce the steepness of man-made slopes. provided dhat the retaining walls comply ivitlt the
requirements set Jbrth in this section.
(b) As neces.ccrrv to constrtrct o driveway Jrom the sheet to u garage or parking area grade changes or
retaining walls up to seven ('l feet ntcry he allowed.
Response: The Applicant will comply with the above.
(3) GRADING FOR ACCESSORY BU/LD/NG P.4 DS D/SCOURAGED
Separate building pods Jor acceesur}~ built/ings and .rhuctures other than garages, such as [ennis courts,
swimming pools, outbuildings, and similar,fucilities, shall be discouraged except evhere the natural slope
is hvwtPo I2(ll percent or less.
Response: The Applicant will comply with the above.
(4) LIM/TS ON GRADED, F..1CAV.4TED, OR F/LLED MAN-M,4DESLOPES
(a) Where grading, excavation, ar filling is necessary, grading, excavation, or Jilting to create slopes
ofhventy fve (2~) percent ar Iesc is strongly encom~aged.
(b) Graded ar Jilted mm:-made slopes shall not exceed u slope of ffty (50) percent.
(c) Cut man-made surfaces or slopes shut! not exceed a slope offrfry' 1501 percent unless cr soils
engineering ur u geotechnical report it frrnished stating [hat dre size has been im~estigm'ed and that in
the opinion Qfa yuulifted professional a cut at u steeper slope will be stuhle and not create a haaurd to
public nr private property
~launtrl \cticih I nrclr~p~_ Rc~~ir~~ ~ ('1)I ti~~trci,ll IZrcircc
Parcel IU: ~r,~;-Ih?-O(1-U2i V'a~~e'>
~~i~~~11
(d) .411 cut, filled. and graded slopes shall be recontoured to the natural, varied contour of the
srrrrouncfitrg terrain.
Response: The Applicant will comply with the above.
(5) GU/DEL/NES FOR RET,4/N/NG W'ALL.S
Use ofretuining wulle is encom'aged to reduce the steepness ofnrun-made slopes atd to provide planting
pocke/s conducive to revegetation.
(al Retaining walls' mm' he permitted to support steep slopes but should not exceed four r-1) fee( in
height front the finished grade, except for li) a structure's foundation wcr11, or (ii) crs neceesun• to
construct a drivewgv.firom the street to a garage ar parking area, or (iii) crs otherwise expressly
allow+ed by this Lund Use Code.
(b) A retaining wall should not exceed seven (7) fee[ in height. Retaining walls greater titan Jour (4)
Jeel in height shall he supported by appropriate engineering and reviewed crnc/ approved by the County
Engineer.
(eJ Terracing should he limited to hvo (2) tiers. The width nfthe terrace henveen any ttvo foxy ldl foot
ver[icu! relainingwalls should be at least three (3) feet. Retaining walls higher than,fnm~ (AI feet
should he separated from am other retaining wall by a tnininttrm of fve l5) horimntu/feet. Terraces
created het»•een retaining tvadls shall he permanently landscaped nr revegetated wi(h native
vegeta[iorr.
(dJ Retaining walls used to support existing road cuts mqv exceed lad (b), and (c) of Otese guidelines.
(h) ST.4NDARD.S FOR BETA/N/NG WALLS
(aJ Retaining tordls .droll be faced with stone or earth-colored materials similar to the surrounding
nuhtral landscape.
(6J All retaining walls shall comply with the adopted building code, except that token cure prnvisiwr of
this section eonJliets roith any provision set.forth in the adopted building code, the more restrictive
provision shall apply
Response: The Applicant will comply with the above.
(7) WATERWAYS PROH/8/TED Filling or dredging of muter coursee, tvedands, gullies, stream beds,
or storm water runoff channels is prohibited, except that bridge construction and cuh~erts a're ul/ntved
pm~suant to the starrdurds set fin7h in this Land Use Cnde and all applicable County engineering crtleriu.
Response: This Applicant does not contemplate any of the above acfions in the
redevelopment of the Property.
(8J DETENT/ON/STORMWATER F.4C/L/TIES
Where de/entlon basins and other storm and erosion control fucilitrec may he required any negative
visual and aest/tetie impacts on dte natural landscape and topography shall be minimized to the
marimunr extent practicable.
Response: The Applicant will comply with the above.
(9) UTILITY CUTS
Uti/ilv cuts on any slope with a gradient ojfifleen (hl perrent or greater shall be reviewed through the
.Site P(~m process.
(10) REVEGETAT/ON REQU/RED
Arry slope exposed nr created in new development shall be landscaped or revegetated pursuant m the
standards and provisions set forth in Sec. ?-2(1-73o us well us the revegetutlan standards in the Pitkin
Counh~ Revegetation Guide, the Pitkin County Landscaping Guidelines nmintained by the Pitkin County
Public Works Deportment, and the Rnudway Landscaping Guidelines included in the Pitkin Cum:[V Asset
Management P[un, us applicable. /n the event those dorunrentr contain incnnsi.ctent requirements with
regard to a particular area Qf land the .ch•lcler provision shall gnvent.
~-Ltunlcl \clicit~ I~nrclu~icRctir~t K ('ICI S~~~o.ial Rc~~icst
Parcel l U: ',t,-t i I b'_ 11O n?3 I'uae l n
I ~~Cs~?1.n'..
i •
Response: The Applicant will comply with the above two code sections.
7-20-30 WATER COURSES AND DRAINAGE
(n) Appiicabi/ity
The water resom~ces stundm•ds in this Sec. '-20-30 are applicable to all development.
(b) Encroachment or Channeling
Encroachment nr channeling activities in u river, stream (including internrittentstreamr), pond x~et
meadow, or wetland are cdso subject to the requirements oJ:Secs. ,'-20-40 and . -20-H0 gflhis Lund Use
Code, us well crs all other applicable state arrdfeder•al.rrututesand regulations (including, but not limited
to the U.S. Army Corps of Engineers perntilting requirements of Section 404 nj7he Federal Clean Water
Act/
(e) Drainage
(i) GENERAL
Activities and development shall provide for:
(al Maintenanre of historical,flow patterns and runoffanrovnts Lt reasonably preserve 0he natural
character nfan crreu crnd prevent property damage atlribtUable to runofJ'rate and velocity increases.
diversions, anpkmned paneling and/or stormwuier rmrnJJ;
(h) The unimpeded.flow ofnaturul x~aler courses and ditches;
/c•) Adequate drainage fi>r all !ow points;
(dl A drainage svrtem designed to account for an entire drahaage Karin capable ofaccurnnaodating
rmtoff from a proposed development and where applicable, the rtrnofffrom areas adjacent and
upsu•eamr
/e) Maintenance nfdrainage systems; and
{)9 Ort-site n~eutment ofstorm+vater by use ofbest management practices designed to detain and al7orv
infiltration nJ7unnff prior to discharge to any water body.
(2) RUNOFF VOLUMES
Runoff vohmaec and peaks within a development site and in areas affected by rmtgJf from u development
site shall not exceed the rurmff levels utlributuble to the undere[oped site as determined by a professional
engineer licensed in the State gfC'olarado.
(d) GROUND!•i:1 TER
Activities and deve(npmertt shall not result in the introduction t~funy contaminants to groamdwuter, nr
interfere with any recharge wren or aquifer
(d) /RRIGATED.4RE.4S
Activities and development shall:
(C) Not uch~erse/v affect the adequacy ~fw~ter supplies available for the irrigation ofugricultura! (ands;
and
(2) Nnt adversely affect the exercise of any existing and decreed irrigation water right.
(J) /RR/C,4 TION D/TCHES
,4ctivilies' and development shall:
(1) .gCCESS
Prnvide,fnr access to ir•rlgulion ditches by ditch owners and to the pub/ic ifa ditch is kr be, ur is part of
the Pitkin County Upen Space and Trails Svstena or uther ptrb/ic property
(2) PREVENT/NG LEAKAGE
Ensure tl:ut nn h~ilding.r/toll be constructed immediately donnhill qfa ditch unless the ditch can he
placed in u culvert. lined or otherwise treated to avoid leakage nfwuter downhill towards the building.
(3) AVOID FLOODING
Design land uses !o crvoid,flooding problems from flood irrigation.
(4) AVOID SEEPAGE,
Place basements and soil absorption on-site wastewater treatment systems in !orations where they will
not he Impuc•ted by.flood irrigation or seepage from irrigation ditches.
(g) Sedimentation
4chvities and developmen! shall:
(i) CONTROL DCrR/NG CONSTRUCTION
Provide adequate sedintentatton control throughout all phuces gfdevelopment.
Nltnuucl \cti~ m I mdo~c Rcvicss K CI)1 S{~~c~iul Res i~ss
Parcrl II): ?h.l; lo' ll(I {I?3 I'asc 1 I
'~~~"~~~
(2J SED/MENTATION
Retain sediment produced by soil disturbances on site where the didurbance occurs and prohibit run-qff~
into arty water body, wetlands, or riparian area.
(dJ REVEGETAT/ON
Revegetute c/curing and grading us soon as possible, but in nn event longer than one growing season
ufier cnnclr+sion of~develnpment on a.e11e.
(h) Water Qualih'
(lJ .All land uses shall comply with those setbacks required by Sec. '-20-R(1 and those .setbacks required
by Table 5-1
/2J Activities and development shall compdv with all state and federal stuhtte.r acrd regu(ulinna'
concerning the protection and enhum•ement of water quality (including but nut limited m the
reyuiremenls qJ adl state and federal permitting pragramsl.
(31 Acdvitie.c and c(eveloprnent shall be consistent with maintenance of the Stream Classifications for the
Roaring Fnrk River watershed, as identified in.Sec[irnt?ON ofthe Roaring Fnrk V1'alershed Manugenrenl
Plzen, and .chat! comply with .rm[e regulations pertnining to maintenance ofthnse classifications.
(i) E/Jleient Water Llse
,4ctivities and development shall emphasize the most efficient use of water, inchtding, to the extent
permissible under law, the re-cycling and reuse ofwuter
Response: The Applicant will comply with the above.
7--2040: FLOODPLAIN HAZARDS
(a) Floodp(ain Maps
(lJ Irr addition to the Pitkin County Floodplain Reguludions, the standards in this section apply to
mapped floodplain hazard areas as depicted in the Fedora( Emergency Management Agency /FEM,41
Flood Insurance Rale Mup, Notional Flood Insurance Program (June 4, 19R?, and including any
suhs'egvent amendments tri that map) and areas determined by the Cnuntv Floodplain Adm inistra(or to
he in flood hazard areas.
(2) Where a property owner believes that the mapped floodplain )tuzurd areas shown on the
FEMA Flood lnsurunce Rute Map are inaccurate, the property atvner may request Brut FEMA prrrce.cs
an amendment to that map, or• muv present alternative mapping to the County Engineer, who may accept
such mapping us an indication oj'lhe.floodpluin urea only if the County Engineer believes the alternative
muppbtg to be mare uccttrule than the FEMA Flood Ltsurunce Rate Map.
(3J Where the 100-year or intermediate regional flood has oat been established, u property owner mess
conduct a floodplain study to determine the boundaries of the.floodplain. The property mvner should
eoncult with the County Engineer to determine the appropriate methndolap~ for dte floodplain study.
(4) 4Y'here the 100-year or intermediate regional flood has not been established by the FEA4.A Flood
lnsurcrnce Rate Map pmsuunt to subsection (11 above, ur by a property owner study pursuant to
subs'eclinn 131 above, this regulation shall apply to all lands within an urea that is hventy (201 horizontal
or five I51 vertical feel (whichever land urea is greater) from the existing high water line on arty river,
stream ar material drainage channel, and unv urea that the County Flood Administrator determines to
he a flood hazard urea.
(5) It shall he [he harden of the applicant to demonstrate that the property seeking development approval
it not widtin u floodpluirt Jruzard area.
Response: The proposed Activity Envelope including the access envelope to the lower
recreation area is above the 100-yeaz floodplain (see Activity Envelope site plan).
(b) General Standards
(l) Al! activity and development is prohibited within the 100-year floodplain except us specifically
permitted ira dtic .cuhsectian (h) or by subsections (cl. (dl, or /el below.
(2) Within die /00-near floodplain, no use, fill, construction, excavation, embankment, or u'(terrrtinn nn
or over unv portion of dte,floodplaln shall be permitted that would result in any of the f rUnwing:
(u) The .rtorctge or processing of materials that br timer of Jlnndrng are bugyant, flammaiile, ecplosive,
ibl,uurici \ctitit~ I mclorc kcsictt c~CDI S~,criul Rctictt
Pstrccl IU: ~h-l;-Ir,? (1(11121 Pa_r I
~~~U ~1~~
or olherwice potenliulJv injurious to human, animal or plant Iije.
(hl The disposal ofgarhage or other solid waste nutterials.
(cl The human occupation of structures either fixed or mobile, permanent or temporary
(d) Substaruiul solid debris being carried doxmsn•eum by.floodwaters.
(e) Arty obstruction that would impair the flow or storage capacity qfa jloodplaiu se as to cause
fi~reseeuble dumcrge [n others either within or outside nffloodpluht boundaries.
(f) A substantial increase in sedimentation ar erosion.
(gl The infiltration offlnodwatens into on-site water supply and wastewater disposal systems that
avauld impair their functioning ar polhde the stream.
(hl Dumnge to or des[ructiorr ofuyuutic ecosystems, including but oat lirnitec! lo, wetlands and
riparian habitat areas.
Response: The Applicant will comply with the above
(c) Uses Perttdt[ed
The firllnwirtg user shin/ be permitted in u,flnadpluin area to the extent that they are not prohibited by any
other regulation and they comply with the guidelines set fitrtlt in s'ubseclion (bl above.
(1) Agricultural uses such us general farming, grazing, frn•estrv, sad farming and wild drop lrarve.ding.
(2) Public and private recreational uses, such us parks, natural swimming areas, galf~coursest driving
ranges, picnic grounds, wildlife and nanme preserves', game farms, spooling preserves, tur,Ket ranges,
trop and skeet ranges, hurrlin,>; fishing, skiing and hiking areas if such user do not cause eoncentrution of
people in areas during high huaurd probability. Any structures arsuciated with such uses shall be subject
to the provisions ofsubsecGon lb) above.
(3) Bridges ar other structures for irrigutiort, druinuge,.flood control, hydropower, or water diversion
may he allowed upura appmvul of plmts and specifications by the C'uunh' Engineer and C'ammvnitr
Development Director, provided the•v are engineered to prevent blockage ofdruinuge churrneLr during
peak water flows and their placement dues not result in the Inns of~wetlnnds ar riparian areas. A!/
strictures shall he required to cleurspun d:e waterway to the muximunt extent pructicuble.
Response: The lower flat area while not appropriate for residential development has in
the past been used as a private picnic area and such structures as are found there currently
(deck, landscaping, etc.,) should be allowed to continue under the above permitted uses
and by way of the Existing Non-Conforming Use and Structures provisions o f Sections 9-
30through 9-60 of the LUC.
7-20-60: WILDFIRE HAZARDS
This section establishes the standards jirr development in wildfire hazard areas. The level of hazard is
determined primarily fiv grerde or slope and continuity uJ;fuelr. As a general guideline, low husar•d is
locu(ed on slopes ofzero to tx'enty (0-301 percen( with discontinuous fuels: nroderute hm_urd is located an
slopes often to hvertly (10-20) percent with continuous jitels, or an slopes greater than twenty (301 percen[
with discontinuous fuels: and severe hazard is' located wr slopes ojgreater than trvenN (30l percent with
cnntinuousfuels.
(u) Wildfire Hazards Map
Areas of `:Severe Wildfire Hazard" and "Lott' to Medium Wildfire Hazard" are designated on the Pitkin
County adopted WildJlre Hazard Area Maps, which are maintained in the Community Development
Department However, the maps are only a general reference, and actual wildfire hazards shall be field
verifred. In the event.field verification identifies areas of wildfire hazard not ic(entified on such mops, the
provisions of this Sec. '-20-60 shall apply to such areas'. In each case where an applicant's property is
located purliully or entirely within un urea of "Severe !iildfire Hazard" ur "Low to Medium Wiklfrre
Huzurd, " u wildfire expert acceptable to the C'annty shall visit the property to eruluate the level orrisk in
more detull. The x~ildfere expert muv confirm the levels ofrisk indicated on the Wilditre Humrd ,4reu Mups',
or may recommend that all or u portion(sl of the site be reclassified to u higher or lower level ojwildfire
risk. /n addition, the wildfire expert shall make recommendations regarding ur:v mitigation m~eusures that
should be implemented irr light of the proposed activity ur development, and such reconrmendatiorts .chill
1-tauntcl ~ctitiis l.mrlu~ie Gct,ica ~ ('Ul' ti~~cuul hrsicts
Parcel IU: 26-1; I6? fN) O23 Paec I
J~~'..~ 1
he considered by the CntmN in the Site P(crn process.
(b) Wildfire Hazard Area Delineation and Activitti~ Envelope
/f requested by the Camnuenity Development Deportment diming apse-application conference, the Site
Plan shad! delineate all areas of "Severe Wilditre Hazard" and "Low to Medium Wilditre Husurd" within
the.4ctivily Envelope and within one hundred (100) feet outside the Activity Envelope. In the case of
varying hazard levels within dre .4ctirih~ Envelope, it shall be sufficient to label the en[ire Artiri[v Envelope
with the highest level7mzard existing in unv port of such area. The Activifi Envelope should he designed to
avoid comas of ".Severe Wildfire Hazard", and to mitigu[e wildfire ltamrds in areas of "Low to Mectimn
Wilditre Hazard" as set.forth in this Sec. ~- 20-60. All wildfire mitigation and creation of defensible space
shall occur within the Activity Envelope.
(c) Standards ,4pplicable to 9l! Wildfire Hazard Areas
Development is allowed in wilditra hazard ureur .subject to conformance with the fallowing development
standards, (tvhic•h may he varied upon recommendation by the xlditre expert), and amfirnnance wi(h the
additional standards in subsection (dl as applicable.
(I) DEFENS/BLESP.4CE
The urea around all buildingsistrttctures•, limited by property boundaries that may limit u property
oevner's abilit}• to comp)}~ with this sectinrr, .shall incorporate landscaping }vith wildfire defensible space
considerations as Jallows (note: actual vegetation manipulation to meet these conditions muv not he
necessunr xdtere the natm~al vegetation patlern.r hove already, firlfrlled these conditions):
(a) Brush, debris and non-ornamental vegetation shall he removed within a minimum tetgjrot (10')
perimeter nrmmd al/ structarer.
jhl Vegetation .eha!/ he reduced to break up the verlieul and hurizoraul continuity gfthe Jirels crl a
nuninnnn nfcr drirty 1301 foot perimeter around a struetw~e built on,flut ground.
IFor greaser slopes, reference the C:SN:S Safety Zone chart in Wildfire Guidelines For
Rural Homeowners, which provider geuercrl guidelines that may he modified by u wildfire expert
acceptable to the Countv1.
/cl Spacing between clumps nfhrush and vegelutiwr np to the thirty (301,foot perirnetersha/1 he a
minimwn of nvo (?) times the height nfthe,fuel. Maximum diameter of the chimps shall he equal to the
Neigh[ of the fuel. All measurements shall be from the edges gfdhe crowns of the Orel.
(d) A71 branches from mees and brush within the thirty (301 font perimeter shall he pruned (u u heig_ ht
of ten /101 feet above the Sn~ound with removal of )udder fzzels from around trees and brush.
1el Tree crown separation within the thirty (30) fool perimeters shall have a minimum often l 101 feet
between the edges of the crowns, eccept for mature stands nJ~aspen u•ees where ladder fuels have been
removed. ht areas nfaspen regeneration, understorv shrubs and down and dead materials shall he
removed.
(f) .All branches that extend over the roof eaves shall he trimmed and all branches within ffleen //5)
feet of ~chlmnevs shall he removed.
1g) l he densieV offue[s up to a one hundred (1001 Juot perimeter of the strut/ores shut/ he reduced
where rtutvra! reduction has not ab~eady occurred.
(h1 All deadfall up to a one hundred 11001 foot perimeter shall be removed.
(il No new conifer trees shall be planted within ten I70/ feet ofa residence.
O) No flammable mulches shall he placed within two j21 feet ofa residence.
The property owner shall be resporesible,for the continued nraimenance of Oee defensible space
vegetation regnirentents.
Response: While the proposed Activity Envelope does not include any aeeas with slopes
in excess 30% and the Property is mapped Low Wildfire Hazard, the Applicant will apply
the above measures to the aeeas with slopes in excess of 30% in the immediate area
adjacent to the Activity Envelope.
(2) ACCESS
Ial Access roads and drlvervcn~s shall be built to Cotmty standards: however, these standards muv be
irtarused to mitigate wildfere hazards bused on conunentc provided by the Colorado State Forest
Service, the Sheriff's Deportment, local, fire protection districts and/or a person approred by the
Cour:ty us an expert in wildfire urea designation and mitigation. hVl:ere feasible. looped comes ~f
accessiegress to a pt+blic road shall be incorporated ita the design nja proposed develnprnent. Looped
1-(auutcl lctitil~ I.mcln~ic Rcsiett K ('I~l' S~-~c~ial Kctu•tt
Narc•cl IU: 2h~i Ilr2 (1O O~3 P~cr 1-4
routes ofaccessiegress is defined as two (21 or more dedicated access roads to the main
ar7erv/highway for widely separatzd ingress; egress: looped drn~e.c with one (1l entrance point or
divided.eingle entrances do oat satisJi~ this condition. Where this is nol,feasihle, the Conrmuni[v
Development Deparnnen[ rngv approve vehicular turnaround areas u maximum oj~seven hundred fifty
/'~0) feet apart installed between the rood iraersectiort and its terminus. Turnuromtd ur Deus shall be
the scone standard ar col-desac turnaround pods; these mcty he incorporated into the proposed
driveway entries.
lbl New dead-end streets shall not be permitted, except for eul-dz-sacs and other turnarounds
accepted by the applicable local fire district.
lc) Col-de-sac turrurround pads shall have a minimmr: nfa thirty (30) fiutt drivable satrjace inside
tm~ning radius or a hammerhead or other T-hint area acceptable !u the uppliccrb[e Iota! fire distrtc(.
(d) Netv driveways and access roudwgy shall enter the roadway ut uninety-degree (911 °) ungle,for the
first hvenN-livz (?5).feet gl'the drivewgv.
/e) Fatel breaks us recommended by a wildfire expert approved by the Comrty may he incorporated into
the design gjaceess roads or driveways.
Response: The Applicant will comply with the above code section.
(3) WATER SLtPPLY FOR FIRE SAFETY
(a) When ac•c•ess to a public or private pressurized touter system is no! available or if it is neceesarv to
uugn:ent fire protection water svstents, private ponds maybe used if approved by the Community
Development Department and the local fire district.
(hl Anv fire deportment recontmendution for individual structure water supply and storage shut! he
accessible to fire depar[ntent vehicles front the exterior ojthe structure through a fire c(epurtment
approved mechanism (such us u fire hvdran7l. The amount of storage capacity shall he n'etermined by
the frre protection district with a minimum of one thousand (1,000/ gallon storage capacity per
.rtructtre.
Icl Regardless of size, all structures (inclvc(Ang detached garages and horse barns) }ahzre httmmts
congregcttc regu/arty that are located within areas identified as containing "C--Severe Huzard~ Trees"
or ",Y--Severe Hu=urd: brush"wildfire haaard shall be reytdred to install in-house sprinkAer systems
that meet the standards of ~lhe local frre protection district and [he adopted Building C'aa'e
(dl All strucurrer greu(er than five thousand (5,0007 syuure feet ir: size s'hal! be required to install in-
house sprinkler systems that meet the standards of the local fire protection district and the adopted
Building C'ude. A(huilding permit submittal, the local fire protection district mw require smaller
structures to be sprinkled due to haaard cnnsfder•utiotts, emergency access d~cuhies and luck of
praxinrity to fire protection services.
Response: The Property is mapped Low Wildfire Hazard and will comply with the
applicable sections of the above. It is notable that the Aspen Fire Protection District's
new AABC station is within 2 miles of the Property, the Snowmass Wildcat Fire Station
is only 4 miles distant and the Aspen Village Fire Station is 3 miles down Highway 82.
(4J ROOF/NG MATER/ALS, ROOF/NG 6 ENTS A,ND PROJECT/ONS AT AND BF.LOIti' ROOF
LINE
Unless tJte wildfre expert has recommended a different method ofc•onstructinn, roofs and projections ut
or belox~ rogjline in low, Medium and Severe Wildfrre Haaard Areas shall he constructed according !u
the fnlloxdng sperificationr:
!cd Low Hazard Area
L Roofrng Materials
a. C'luss ,9 covering or Clac.c A Assemhh~ as defrned by the currerrth adopted
Building Code.
h. Nn wood shakes or s'hirtgles.
c. A//other adopted Building Code campdiunt n:ethodr and materials permitted.
lhl Medium Hazard Area
7. Rngfing dhuteriuls
~'~lauuitl ~ctis iii I mcl++~u: Rc~icw & CDl' S~ircial Rc~ie~ti
Marcel IU: 21,43-11,2 UU 1123 f'a~~c I
cr. Class A covering or Clas.r A Assembly as defined by the currently adopted building code.
h. Nn wood shakes or shingles.
?. Rolf Venting
u. Soffit venting shall be located in the outer l,r3rd portion of the overhang.
h Attic, soffit and other roofrenting shall he ofnon-corrosive metal mesh with maxinnnn Ld "
openings.
3. Projections at the Roofline, including Soffits, Raf[ers. Porch or Deck Rnn_fs,
Fascias, ur Other:
a. Sheath with nun-conthustible nruterials, or
h. Combustible materials underlain with J,'N" Tvpe X gyphourd nr eyttal, or
c. Minimum 9sh rafters with 2x T&C decking.
-1. Decks, Decking, Cantilevered Floors, or Other Projections Below dre
Roofline
N4inimmn 6x6 posts, 6x/I7 beams, 3xN joists, 3x decking, and 2x railings, or ryuivulen[ !ng
construction.
.i Uther
Anv me[hods approved for Severe Wildfire Ha=urd Areas maybe used in Medium GV'ildfrre Huzurd
.4recrs.
(cl Severe Hamrd Area
AI/requirements for Medium Wildfire Hazard Areas apply with the fnDowing modifications:
1. Rogjrng Materials:
a Class ,4 covering or Class A Assembly us defined fiv the currently adopted huidding code.
h. No wood shakes or shingles.
1. Prnjec[iorzc at the Roofline, inchtdirtg Soffitc, Rufterc. Porch or Deck RoQfc,
Fcrscius, or Other:
a One (1 J hour rated material or any material underlain by 5/H"Type X
giphoard nr equal, or h "Ttpe IV"Heavy Timber materials, per the currently adopted building
code.
3. Decks, Decking, Cantilevered Floors, or Ollter Projections Below the
Roajltnz:
cr. C'onstruc[Lm with noncombustible nr one (1l hour rated material, ar material with,flante spread
<?J ((e.cted to ASTM E~4-0 and listed fim exterior use), or
h. Conventionally fronted deck with waterproof surface and underside protected with SrB" Tipe X
gyphoard or equal /decking as "a"above/, ar
c. "Tvpe IV" Heavv Timber materials: joist and beams minimum 6 "x10 ", columns ntininnnn H "zR ",
deckivrg minimum 4 " in depth, or decking as "a" ahove,~ nr eyuivalenl Ing construction, or
d. Enclose projection vertically to ground with nrre-hotm,frre resistive materials.
Decking ac "u"above.
-t Railings
Railings roust he constructed of noncombustible ur "Tvpe IV " Heavy Timber nmteriuls.
5. Exlerinr oj(he Structure, Including A!l Walls
a. One UI hour•,ftre resistive rated materials, or
h. s'R"gypboardunderlvingcombuslibJemateriuls.or
c. Cement sntcco, minimum 3, 4"thickness.
d All glazing to be tempered glazing' and
e. Dnnrs to be meta[ or wood 1 3/d "thick minimum.
6. Foundations
Foundations, skirting, and crawl space openings shall be frdly enclosed and cartstruc6ed with
materials approved for one UI hnurfire-resistive construction on the exterior side of the walls artd
shall extend, from the top nfgrade to the underside of the floor decking or walls.
!dl All Hazard Areas
Rogjs with /esr than a 3: 11 pitch are not permitted in Low, Medium, ur Severe Wildfire
Hazard Areas unless then comply widt tlte,follawing:
1. All ronjcoverings sha/1 he constructed of7ton-combustible nmteriulr and installed r,~n rr Class A
ro~J uc.remhly.
2. AU roof coverings shall have u smface that shall facilitate thz natural process of clearing roof
debris.
I~~launivl -AcUcin l~mdnpr Rryicst cti ('~)l S~n:ial Kctirtt
P~rail Il): 2643 162 (10 023
Pa,'r I h
3. Promusions above the rooline, such us parapets, shall be prohibited.
4. Roofs shul(be installed as required by the adapted Building Code and shulAhuve a rnininrum pitch
oJ'1. 48.
5. A!l roof designs, coverings, ur equivalent assemblies shall be speciJieally approved
by the Fire Marshall prior to .ruhmittal of a building permit application.
Response: The Applicant will comply with the above requirements as they relate to aeeas
designated as Low Wildfire Hazazd.
(5) MA/NTENANCE AND M/SCELLANEOC/S REQU/REMENTS
(u) Roofs and gutters shall be kept clear afdehris.
/bl Runjventr shall he screened with carrosire resistant wire mesh, with mesh one-fouruh l!.'4) inch
muzinrum.
let Yards shall be kept clear nfall [inert slash andJlammable debris.
ld) All,flammah[e materials shall be stored on a pwullel curnuur a minimum gfffteen ! 15) feet away
from any structure.
let Weeds and grasses within the [en (10l jbot perimeter shall he maintained to u height trot more Chart
six (6) inches.
(/) Firewood/tvnod piles shall be stacked on u parallel conta:m u rninimum of fifteen (1 SI feet away
wont the structure.
(g) Swimming pools and ponds shall be acce.rsihle by the local frre district.
(h1 Fences shall fie kept clear of brush and debris.
(i) Wnod fences shall not connect to of{ter structures.
(j) Fuel funks shut! he installed underground with un approved container.
(kl Propane tanks shat! 6e buried, ifpassib[e, or instal/ed according [o NFPA 58 standards and on u
contour away from the stnreture with standard defensible space vegetation mitigation around anv
ahovegrnunc/tank. Anv wood enclos:me around the tank shall be constricted with materials approved
,Jos hco (31 harm Dire-resistive construction on the exteria• side of the walls.
(1l Euch structure shall have u minimum of one ten /!0) pound ABC' fire extinguisher
(m) Addresser shall be clearh~ marked with nvo (ZI inch non-combustible tellers and shu116e visible ut
the printarv point of access from the public or conmron access' road and installed on a non-combustible
post.
ln) Additional recammendations,fram the Colorado State Forest Serrice, the Pitkin Coma/v
Sher~'s Department, the local fire protection district and/or u person certifred by the Community
Development Department ar an expert in designation of wildfire areas and wildfire mitigation may be
incorporated into any conditions ofapprovad as necassurv Io mitigate wildfire hazards.
Response: The Applicant will comply with the above requirements.
(d) .4ddtNonui Development Standards far Severe Wildrre Hazard .Areas
(I) Development is prohibited within ar immediately adjacent to anv Severe Wilditre Hazard
Area, mtless it is deterrttined that l1) there is no u!(ernutive development area on the properh~ that is
free of "C'--Severe Hazard: Trees"or "X---Severe Huzurd: Brash"wllditre Iruzurds; or (?) development
within the Severe Wildfire Hazard Area is preferable to uhernutive Lotr to Medium Wildfire Hazard
sitelsl because uJ'other hazard concerns relating k> the alternative sitels).
(2) Development permitted in Severe Wildfire Hazard Arens ptmsuant to this section shall he subject to
all of the standards oJSec. '-211-6h/cl above.
leJ Recommendations of Wildfire Expert
ht the case of both ' :Severe Wildfire Hamrd Areas "and "l.oty to Mediz+m Wildfire Huzurd Areas ", /he
tvildf[re expert is authorized to recommend that nritigatinn he provided through mtv combination of the
.rtrucnmul design and construction techniques and the defensible space [echniyuer idenliftec( in this ,Sec. °-
2/1-60.
Response: As the Property is mapped Low Wildfire Hazard the above section does not
apply to this Application.
~hl.uu~tol .~C(IIiU I metope Rcsirts K ('I)l ti~~c~ial Rccictt
Parcel II): ~M ~ I<,^_ (tf) (I?_, Pa~'r I?
7-20-70: WILDLIFE HABITAT AREAS
This seetiorz establishes land use standards for wildlife habitat to preserve, protect, and expand the full
range nfbiadiverciry present in Pitkin County. Wildlife habitat shin! he uddre.esed hrnadly to include
locutions that are ecologically significant and where activities or structures would interfere ~.vi[h ineportant
wildlife functions and activities. For purposes of (his Sec '-211-'0, Constrained Areas skull include, but
shall nut be limited to, loco(ions that include: arty por(iun nja wetland; riparian habitat; critical wildlife
habitat: severe winter range, and/or winter concenlr•atiart ureusr wildlife migration carldors or habimt,~
wik(lifc production, birthing or calving areas'; impordun[ waterfowl and wading hird habitat ~areac,~
signijicurrt mountain .rage, aspect, uncl/nourt[uin shruh dominated habitat; and tore. imperiled, sensitive.
threa(ened, or endangered species critical habitat.
Response: The Property does not contain any mapped big game ranges.
(aJ Wildlife Habitat Maps
Areas ul'designated wildlife hahitat are shown on the adopted Com:ty Wildl Je Resource
Information System maps (the Wildlife Mapsl, which are maintained in the Community
Development Depur[men[. Areas shown on those maps are known !o he wildlife hahitat areas by the
Colorado Divisimt of Wildlife. /n all cases, Wrapping will be field verifier) by the C olnrada Division of
Wildlife or ct wildlife esperl approved by Pitkin County. The following regulations .ehul! apply to crll areas
known to he wildlife habitat as a result ufsuch freld verifrcatinn, regardless oftvltether those areas are
mapped on Ute wildlife maps.
Response: The Property is not mapped on any of the Wildlife Maps as containing
designated wildlife habitat. The azea of the Property between Twining Flats and Highway
82 is not included in the proposed Activity Envelope and as such will remain as
undisturbed habitat. The Applicant commits to allowing only wildlife friendly fences on
the Property and will preserve wildlife's access to the river.
(b) Genera! Principles
Delineation of the Activiri~ Envelope, and the locution and design of activities and structm~es within the
Activity Envelope, skull he bused on cansideratiort of tl:c,five /SI principles listed in suhsertions 11/
through (5) below Thece principles shall he evaluated not only nn a site specifrc basis, but should also be
usec(tn consider the locution and rule of the property in the contest of larger habi/ut and wildlife patterns.
Implemenla[ion of these principles may also inchtde consideration of connectivity henveen other parcels
and the cumulative effect of the propoeed crctivih~ or development in light of other activity in The area
affecting related hahitat areas.
.4 pproved development shall.
(1) Maintain (urge, intact areas of native vegetation and habitat urea fry preventing frugntentation of
those patches b}~ development.
(2) Pro[ect rare lwtdscupe elements such us locally rare vegetation, unique rock fimmauons, sheltered
draws or draincrgex'ays, ar other jeukeres. and guide development towards areas ujlandscape containing
more common elements.
(3) Muin(uin catmections among wildlife habitats by identifying and protecting corridors fir movement.
(4) Corrtrihute to the regional protection of rare species by protecting (heir hahitat locally.
(S) Minimize the combined and cumulative impacts of activities and development nn wildlife species.
wildlife hahitat, wild! fe mnvenrent, and untque landsc-upe elements.
Response: The Applicant will comply with the above and in addition commits that any
construction, fencing or landscaping will be performed in such a way as to not hinder the
transiting of the Property by wildlife. The proposed Activity Envelope primarily
encompasses aeeas already developed and therefore no additional wildlife habitat will be
disturbed in the redevelopment of the Property.
\1au~nrl :~Clivlly I.mcl+r~n~ IZrsicss ~ ('t)l~ ti~~a ial Rcsirss
Parcel lU: Zt,a3 I1+2 UO (I_'i Pa~_e Ih
i6V .~11
(c•) Cenera/Standards
The stemdards in this section apply to adl wildlife habilut ar•eus shown wt Nte Wildlife Resource /nformution
Svstem maps or field verifiec(hy a wildlife expert approved by the County, or by dte Colorado Division of
Wild/ Je.
(1) When ecieting native vegetation must be altered widrin the Aetivih~ Envelope, the appheunt may he
reyuired to prepare a habitat mitigation plan acceptable to the County Such mitigation plcnr mcn°
substitute tin u nearby urea on the suhject property? regetatinn equal in type and yuantih~ to drat being
removed to mitigate effects on wildlife species. Should there be no nppartunih• on the property for habilut
mitigation or restoration, off=sire mitigation heneJ`rting the same species mcry he required, or financial
mitigation muv he paid into a County habitat m/tigation.fund should such a fund he es7ublished in the
,future
(I) Munipulutiun of vegetation outside of the Aclivih~ Envelope is prohibited.
(3) Mesh or woven wire fences are prohibited otdsfde the Aclh•ity Em•elope.
(4) Wood call fenchtg shall employ three (3) rails or less, be the roamd or split rail tvpe, shall not exceed
,fifty-fitm~ j54) inches in height ahove ground level, and hoelve (12) inches in width (top vietrl, and shall
hove at leas[ eighteen (181 inches between the lower hvn (lt roils.
(5) Wire fencing must he three ('31 strands or less. The top wire shoud( he a twelve-point-five
l/Z.51 gouge hristed barhless type ut a maximum height offor[v-hvo (l7) inches. The middle .strands
(which mqv he barbed) should he located u minimum twelve (12) inches apart and from dte top wire
preventing en(anglenaent when mule deer jump over. The hnttom strand .chonld be sixteen I I h) inches
from the ground.
(h) Tall overly ntuture h~ees and standing dead trees /snags) should be retained at the rare nfhvn j21 to
five j5l per acre whenever possible as nesting and perching habitat.
(7) /n ureu.r of high Mack hear ac[ivitL,fi'uit beurirrg Trees and shrubs shall he prohibited within the
Activity Envelope This doer not include pre-existing nutire frees and shruhs.
(8) Development .shall he clustered [n the maximum extent possible [n minim ire impact on ~wild[ife.
(9) Aceerss shall he provided to the Colorado Division of Wildlife for trapping lagging studying nr
othennise managing wildlife.
(10) Trushigarhuge shall be kept in un approved hear resistant container ar enclosure.
(11) bird feeders, inch+ding hummingbird feeders, shu/l be hung atvuvfront anv deck or tvindoty, and he
at /east ten /10) feet fi~am the Bound suspended betweetn bva (Z) trees nr posts. All.ceed feeders shall
include a seed cutchnrent pan to catch discarded seed.
(12) Horse grains, pellets, and cookies shall be stored in hear resistant contutrrers.
(13) Pet fund shall star he left outside.
(14) [Reserved Ins standard for raptor protection franc new above grourzd utility poles].
Response: The Applicant will comply with the above. It is requested that CDOW contact
the Property owner regarding permission for access to the Property for the above
purposes.
(d) General Buffer Standards
Structures located near wildlife habitat shall comply with the following s7undurds for ntu(ntuining buffer
distances, unless (i) Pitkin County or the Golorudo Division of Wildlife suggests shut a dijferenl buffer is
appropriu(e due to unusual wild! fe factors nr other uniyue,features of the property, and the alternative it
upprored through the Site Pluming process, or (iii the pm~cel in yuesfion is too small to uccunrmndule the
required buffers, in which care the buffers shall he provided to the maximtan extent practicable.
!1) NEST/ROOST BUFFER
The minimum buffer for anv structure dncuted near un active peregrine Julron, osprey, go[aten eagle, or
hukl eagle nest nr roost site shudl be one-half~(UZ) mi/e (7,640 feet) in Rural Areas, and five hundred
(~00) fee[ in Urban Areas. The minimwn buffer for anv su~uctame located near anv other active raptor
neet site (except American kestrels/ shall he one-quarter (lt4/ mile (7,370,feetl.
(2) INTENS/VE USE BUFFER
httensive uses such us commercial, industrial or motori-ed c•anamerciahorganired recreational uses,
open pit mineral extraction or the cony(ruction ofroudways shall require a building ar strucOrre buffer
qfa minimum gfone thousand (1,000) feet from any tvildltfe habitat area in Rura/ Areas. and five
hundred /5001 feet in Urburr Areas.
\1auntcl \cuti~.t I mclu~iv~Zctictt ~ CI)I~~ S~,crittl Rctictt
Pxrccl ll): Zo-! , I t,? 1111 11"! ; loge I tl
(3J ENDANGERED, THREATENED, OR RARESPEC/ES
No structure Shull be located in rare, threatened, or endangered species critirul habitat.
There shall he a minimum nne-half 1.'2 mile (2,640 food buffer hetween arty building or shmeture and
unv threatened or endangerecl.cpecies critical habitat. There shall he a minirnum nne-quarter (/-'dl mile
11,3211 fi>ntl buffer hetween rare and/or imperiled species hubitcrt.
(4) /MPORTANT W,4TERFOWL AND WADING BIRD lfA6/TAT.4REA
There shall be a minimmn three hundred (3001 font hnffer hetween anp building or structure and
important tva[erfotvl and wading bird habitat areas. Within all important waterfowl and wading bird
habitat, dogs shall he kenneled within frfty (501 feet of the residential buildings or leashed tinder human
supen~isian.
(S) W/LDLIFE M/GRAY/ON CORK/DORS
There shall he a minimum nne-quarter l L4) mile 11,320 fitotl buffer behveen env building or sG•uctza~e
and +++ildlija nrigrutiun cnn•idnrs.
(6J CR/T/C4L W/LDL/FE HAB/T.4T, SEVERE W/NTER RANGE, N~%NTER CONCENTRAT/ON
AREA
There shall he a minimum one-yuurter (1-'d) toile 11.330 faotl hnffer hehveen unv building nr structw•e
and critical habitat, .revere winter rmtge, andi~r winter concentration areas.
Response: The Property does not contain any of the above listed aeeas.
(eJ Genera[Livestock and Domestic Aninta[s
The,foUowing standards shall apply m all habitat urecrs unless u standard far /ivestock and domestic
animals in relation to specific species is provided in subsection (~ belmv, in which cu.ce Ute standards in
subsection (n shall govern.
(I) R'ETL,4ND AND RIPAR/AN AREAS
Activities that involve the keeping of livestock and/or horses adjacent !o tretlunds a• riparian areur or
their hnffer areas shall include provisions in the Site plan that pro/ect the wetland and buffer areas from
damage due to Bach domestic animals or livestock
(2) W%NTER R.4NCE, SEVERE W/NTER RANGE, .4 ND WINTER CONCENTRAT/O,N AREAS
9ND CR/T/C4L HABITAT
/f development is approved within winter range, severe winter range, winter concentration areas and
critical habitat, dags.rha/l he kenneled within ffty 1501 feet of the residential buildings or leashed under
human supervision when outside a required kennel.
(3) WlLOLIFE M/GRAT/ON CORR/DORS
lfdevelopment fs approved within migru!!nn corridors, dogs shall he kenneled within fzjt}~ /.ill1 feel ~f the
residential buildings a• leashed under l:unran supervision when outside a required ketmel within a 1.'-l
mile 0,320 feed ofmigrution can~idors and within or ascent to migration patterns, transition range, ur
higlnvuy cror.cfngc.
(4) W/LDL/FE PRODUCT/ON AREAS
/fdevelnpment is approved within or udjacen( to wildlife production areas, dogs shall he kenneled within
Jijty h01 feet of the residential buildings or leurhed eu:der human supervision when oznside a required
kennel. If livestock is' present, a livestock munugenrent plan shall he required to prevent interference with
wildlife production.
(5) PREDAT/ON
/f the County determines that one or more wi/dlife species nn ur near the property are subject m
predutiwt b v domestic animals, including dogs and cols, llte Cotton' may impose additional standards to
reduce or eliminu/e such predation.
(6J OVERGRAZING
Overgrazing of ranges by livestock .rltu!/ he avoided.
Response: The Applicant will comply with the above code sections.
(fi Additional Species-Specific Standards
(/) DEER, ELK AND B/GHORN SHEEP W/NTER CONCENTRAT/ON AREA/SE6 ERE
W/NTER RANGE/CR/T/CAL H48/TAT
Developmen! Ls prohibited widtin deer, elk, and bighorn sheep tvfnter concentration areas and severe
\'Iauntcl \cutils l~mclupe Rc~ie~~ b; ('I)t! S~,ccial Rc~ictt
Parcel fU:'h4; I(,'~011-11_'i Paae X11
winter range crreus. In the event that an application is denied because there is no hamrd free urea on u
site, and cm appeal is later granted pursuant to Sec. 2-20-1 RO or relief is granted pursuant to Sec. 2-40-
150, the proposed activity nr development shut! be reviewed according to the following standards and
shuld comply with .Secs. ~-20-'0(b), (c1, and (e/. Apprnred development shall:
/al Prohibit cununercial activity /such us seismic uctn+i N, construction urtd timber harvesting) and
recreational uses from Uecember Isl through Murcl: 31st.
(h) Prohibit dugs within or adjacent to elk, mule dezr, and bighorn sheep severe winter ranges and
winter concentration m~eus, except for dogs working us port ujun agricultural operation.
(2) DEER, ELK AND B/GHORN SHEEP WINTER RANGE
Lard uses located in deer, elk or bighorn sheep winter range shall comply ~+'ith Secs.'-20-'0/h/, (c), and
let, and the standards itt this section.
la) High impact recreational uses ore prohibited.
(hl Dogs within or adjacent kr winter range shall he kenneled, except fur working dogs when u1 wm•k.
(3) DEER AND ELK M/GRAY/ON P.4 TTERNS/CORR/DORS AND HIGHWAY CROSS/NCS
Development that bloc ks a dezr nr elk migration corridor and prevents migration betty°zen stnnmer urrd
winter ranges is prohibited. In the event that un uppJicatinn is denied hzcuttse there is mr ha=urd--free
urea on a site, and an appeal is later grunted pursuant to Sec. 2-20-1 RO or relief is grunted pursuant to
Sec. 2-40-1 ~0, the proposed activity or development shall comply with Secs. '-20-~0(hG (cl, and (e), and
the standards in this sactiur:.
(a) Dugs within one-quarter (1/4) mile (/,3211 feed nfmule deer and elk migration corria!nrs and
patterns shall be kenneled, except for working dogs when ut wrn~k.
(4) DEER ,4ND ELK PRODUCT/ON,4REAS
Development is prohibited within deer and elk production cu~eus. In [he event that an application is
denied because there is nn portion of the site outside ufu deer nr elk production area, and .an uppeu[ is
later ~n~anted pursuant !u Sec. 2-ZO-I80 or relief is granted pursuant to ,Sec. 2-40-917 or Sec. _'-40-130,
the proposed uctiviry or development shall compdv with .Secs. ?-20-~0 Ibl, (c), and let, and shall he
reviewed according to the following standards. Approved development.rhull:
!al Prohibit other activates during the calving season that would disrupt reproduction.
lhl Dogs are prohibited within one-quarter (1 /41 mile ufdeer or elk production areas. Drags within
one-Itulf (7 21 mile nj'deer or elk production areas shall he kenneled.
/c1 tLlanipulatinn of vegetation is prohibi(erl, except cr.r approved by the C'ulnrado Division r f Wildlife
or a wildlife expert approved by Pitkin County.
Response: The Property does not contain any of the above areas.
(g) Timing of Construction
(1) W/NTER RANGE, SEVERE WINTER RANGE, AND WINTER CONCENTRATIOrY ARE,4S
Nn construction shall be perntittecl.from December Is/ through March 31st ijlhe proposed development
it within one-yuurter l7/4l mile /1,3217 feed ~/ u winter range, severe winter range. or winter
concentration areas.
/2) W/LDL/FE MIGRATION CORR/DORS
Nu construction shcrl7 be pernrittzd within or adjacent to wildlife migration corridurc behreen October
15th acrd November 30th or between April 15th urrd May 30th.
(3) WILDL/FE PRODUCT/ON ARE,4S
Nn con.ru•uc[inn shall he permitted in nr• adjacent to wildlife production areas henveen Mav 15th and
June 30th.
Response: The above does not apply as the Property does not contain any of the above
listed wildlife habitat areas.
7-20-80: R/VER AND STREAM CORRIDORS AND WETLANDS
(a) Riparian and Wetland Areas and Buffers
(1) PROTECTED FEATURES
Each Site Plan shall idzntifj~ zach of the,fo!lowingfeatw•es un the properh'.
~i:runtcl \ctivl~ I~mclr~pr Rceie~+ ~ ('I)l i ti~~~crinl Kc~icss
Yarccl I D: 't, }3 I h? OQ (12?- Pa ~,c ' I
'lUv a ,
lal "Blue line "perennial streams shown on U.S. Geological Survey maps ofthe urea; and
(h) Intermittentsn~eams or streamheds known or apparent from,fteld sdudv, with the excepllon gfman-
mude watenvays such as ditches and water features.
Icl Lsola[ed, natural wedand and riparian areas.
Response: The Roaring Fork River transits the Property and is delineated on the Activity
Envelope site plan. There aze no intermittent steams, isolated wetlands or riparian aeeas
on the Property.
(2) MINlMUMSETBACKS
Al/activity crud development shall nrainlain a minimum sethaek,from the protected features identifred in
subsection /11 above.
tat Al! ac(ivitr and deve/opn:errt after the SIh ofJuly, 300h shall maintain a riparian arzmwe[/and
buffer of ut least one hundred (1OOl.fee{ measured hart=onta[ly fmm the identiJruble higiz wWer line of
each feanrre identified in .ruhsectinns (a)(l)to) and Ib labove. This one hundred (loot Joot setback may
he redvred to between one hundred 1100) feet and u minimum ~f fifty 1501 feet upon dennznsn~ution by
the applicant that such redtzctimt shat! not result in water quality degradation. stream bank erosion
undior a reduction fn the gzrallty ofripurimt or wedand habitat pursuant to standards in Section ~-20-
xn/al.
(hl .All activity crud development after the 5th ofJah~, 2006 shall maintain a buffer ofa minimum of
hventy-J`rve (2~) feet from isolated wetlands and/or riparian areas identified in (a)UI (c) above.
Response: The proposed Activity Envelope does not contain any areas closer than 100
feet to the Roaring Fork River other than the proposed access envelope for repair and
maintenance of the existing stairway between the current residence and the lower
recreation azea. This area has been used historically by the owners for casual recreation
uses and under the non-conforming provisions of Chapter 9 should be allowed to
continue.
(3) ADDITIOtV.9L SETBACKS
(a) Site Specific Factors
In addition, some rn• all acGVit)~ and/or development muv he required to maintain an additional
riparian ureuiwetland setback of up to frfty j.i0/. feet,fiv~m each feature identified in subsection
/u)/Ulu) and (hl above -- beyond the minimum setback in subsection (ll above. The width ofarCv
required additional setback may vary across different portions ofthe property, and the Npes of
activities or development prohibited within the additional setback mqv also vary in different portions
of the additional setback. Establishment ofanv additional setback requirement shall he based on an
analysis nfthe fallowing limiting factors daring review of the Site Plan or.4ctivity Envelope for the
proposed development ur activity:
1 Slopes adjacent m the protected feature equal ur exceed thirty (3111 percent.
2. Highly erodible .coils or unstable streamhank conditions are present.
3. The proposed use of the properh~ presents a spzeial hazard to water quality or wetlands I e.g.,
storage or handling of hazardous or toxic materials,)
d. The one hundred (1001 year or intermediate regiancrl flood zone exceeds the minimum,fifty I50)
fool setback requirement.
5. Trees, sln~uhs, or other natural,feaumes that provide fn~ strecunbank .r[ability, habitat
enhancement for aquatic envirnnnrents, and riparian area protection exist, ur to maintain pre-
development riparian plants.
6. Hubitutjor plant, rrnimul, nr other wildlife species listed as threatened or endangered by Jte
Clni[ed Stater Fish and Wildlife Service exists.
~ 7/ubirut lnr plant, animal or other wildlife species listed by the State of Colorado as rare,
threatened, or endangered, species of.rpecla! concern, or species of mzdetermined status exists.
X. The urea is needed to prevent rn• nrinhnize,flood dunruge by preserving storm and flood water
storage capacity
~9aumcl cur it} I mclrr~~e E:es~ic~~ .~ C'UI ~ S~irrial Rc~ i~rr
Parcel 11): _'t,1i It,? O(l1)?i p;~~r.„
,r
~~ ~t`.~
9 The area is needed to pratec[ftsh spawning, breeding, nursery andfeedinggrounds.
/0. The area is needed to preserve areas of special recreational, historical, archeological, scenic, or
scientific interest.
(hl Public Health and Safety
hi appropriate cases, a setback ofgreater than one hundred j fty (150) feet may he regtri,~ed by the
Board gfCounty Commissioners in order to protect the pzrblic lteult/e, safety and welfare.
Response: None of the above criteria apply to the Property.
(4) REDUCED SETBACKS
(a) Site Specific Factors -New Development Activity
Where an applicant is seeking a reduction in dte one hundred (700) Jnot riparianiivetland setback
specified in suhsection (a)(3)(al above, a site specifrc analysis shall he submitted to prove that there is
mr area on the property tlmt can he used for development outside of (he one hundred (1001 fool
.cethack, withuul encroachment into the following area(s) prohibited.¢om development in Section ' of
the land Use Code:
(1) Slope;
(2) Geologic Hazard
(3) Severe Wildfire; and
(4) Wildlife Habitat
bt the even[ that no developable area exists outside of the l00 Jbut setback, the applicant sha/7 provide
an analvcis demonstrating compliance with the ,fallowing criteria as well as any other criteria
specified bn Pitkin County. as part of the .Site Plan nr Activity Envelope crpp(ieation for the proposed
development ar activity'
(1) Slopes adjacent to the protected feature are less than thirty (30) percent.
(2) Highly erodible soils or unstable stream bank conditions are not present.
(3) The proposed use of the property does not present a special hazard to water quality or wetlands
(e.g., storage or handling of hazardous or toxic materials).
(4) The one hundred (100) year or intermediate regional flood zone does not encroach into the
setback reduction requested.
(5) Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife
or aquatic movement within a stream corridor, provide habitat enhancement for acquatic
environments and riparian area protection do not exist. Or will be unaffected by the proposed
activity or development within the setback reduction being requested.
(6) Habitat for plant, animal, or other wildlife species listed as threatened or endangered by the
United States Fish and Wildlife Service does not exist within the setback reduction being requested
(7) Habitat for plant, animal, or other wildlife species listed by the State of Colorado as rare,
threatened, or endangered, species of special concern, or species of undetermined status does not
exist within the setback reduction being requested.
(9) The area within the setback reduction being requested is not needed to prevent or minimize
flood damage b preserving storm and flood water storage capacity.
The area within the setback reduction being requested is not needed to protect fish spawning,
breeding, nursery and feeding grounds.
(10J The area within the setback reduction being requested is not needed to preserve areas of
special recreatio»al, historical, archeological, scenic, or scientifrc interest.
(b) Site Specific Factors -Reclamation of Previously Developed Areas
Where an applicant is seeking a reduction in the one hundred (700) foot reparian/wetland setback
specified in subsection (a)(2)(a) above for purposes ofreclaiming apreviously-developed area (e.g.,
removal of concrete rubble, or removal ofa paved roadway or parking lot), the application shall
include an analysis demonstrating that the proposed reclamation of the site will result in;
(IJ A return to natural conditions that better preserves and/or enhances the protected feature and
other natural attributes of the site.
(2) Preservation and/or enhancement ofany public viewsheds.
(3) Preservation and/or enhancement ofany public recreational opportunities associated with the
protected feature.
IVlitunlcl 1CL~ its I m cl~i~xr Rcciess c~ ('f>1 SPvcial Rc~ ira
Parcel Ill: _h-FS I<,_-110-(1~3 Pti~r ~;
J V V L: ~
The applicant steal! also address any other site-specific factors specified by Pitkin County during
review of the Site Plan or Activity Envelope for the proposed development or activity.
Response: As the Applicant is not requesting a reduction in steam setback the above two
sections do not apply to this Application.
(c) Variations in Encroachment in Prescribed Setback
The width of any permitted encroachment into the one hundred (100) foot setback may vary across
d~erentportions ofa property, and the types of activities or development allowed within the
encroachment may also vary on different portions ofa property.
(b) General Sdandards
(1) ,411 development and ctctirity involving distm~banre of the land shall he prohibited within the
.ce[backs established in subsection (al above, except ar permitted by subsection (c) below
(2) ht the event that an application is denied because there is no portion of the site where the proposed
activity can takz place outside of the required buffer areas, and an appeal is later granted pursuant to
Sec. ?-20-lRO, or reliejis grarned pursuant to Secs. 2-40-9o nr 2-40-150, [he proposed d'evelopmenl
.rhull he reviewed according ur the mitigation standards in subsection tdl below.
Response: The Applicant will comply with the above section except where existing
structures and uses aze permitted under the existing non-conforming uses and structure
provisions of Sections 9-30 through 9-60
(cJ River and Stream Corridors and Wetlands Exceptions
(7) Bridges, roads, paved and grave[ trails, utility c•rnssings, existing ovzrhead utility lines, irrigation
devices, water diversion facilities, culverts, flood control structures, and other structures may he
permitted in riparian and wetland fiuffer areas upon a finding that [here is no,jeasible uhernative
location and thus mry adverse impacts will be adeyuateh~ mitigated us required w suhsectinn ld)
below
(2) Bank stabilisation, riparian restoration work and r•estoratiun of natural, dynamic riverine junctions
tin accordance with the requirements gfSection '-lo--folr/(2)) muv also be permitted in ripa•ian and
wetland hujfer areas upon the BOCCfinding that arTV adverse impacts will he adequately mitigated, as
requtred by subsection (d1 below.
(3) Develupmertt un lots in County approved.rubdivirions with desigr:ated building or development
envelopes.
(4) Development ort latr in the Lary Glen MHPSvbdivision/PUD may develop according to setbacks
identified in the PUD upprvtvcrl.
(5) Development on lots coned VC or VR in the RedsLmz Historic Tmvrzci/e .chill maintain u minimum
tx°enty (20) font setback, measured horizontally from the identifiable high water line ujeach feature
identified in sahsections tat/11(al and jbl above.
(6) Expansion of legal non-conforming strucnrre(s) in the form ofadd~d height and htdk, with no
clmnges to existing sh•uelure footprint, subject to provisions in Section 9-50-?0 (cl.
(7) Placement and maintenance of improvements for a micro hydroelectric facility ntuv be permitted
within riparlurz/wedanduvea urtd associated stream and ripariantivet[and setbacks, ttpmt finding that
am' adverse impacts will be adequately mitigated, err required kv suhsectinn (d1 below. Thcce facilities
include:
(a) Intake,facilitdes (catch basins, gate valves, sediment tanksl;
(h) Transmission pipelines of /2"diameter or less;
/c) E.rposedranclrored or shallow buried;
Id) Hvdrn turbine generator power delivery svslents housed in an outbuilding in accordance with
Section ~1-30-IIS(1/kl: and
(c) Taih•uces to return water flow back to u streurn.
bt addition to reyuiremenLr outlined in subsection (dl below, a site specific analysis shall he
submitted liw review and approval that identifies riparian, wetland and in-channel habitat that will
Nlauntcl .~\cti~in l~.mclunr h:wirvs+~ ('I)l 5~~~~cial Rc~tcss
P:~rccl Ill: X1.4; I<,'_ I)U II?_ ~~,i~~+~ ~ }
~, . o} r'•
r
'~.,f~ ~C~F)
be disturbed as a resuh of construction of the facility and associated infrastructure. A mitigation
plan that emplgvs best management practices for restoring such disturbed habitat shat! also be
submitted for review and approval. A band shall he collected to ensure revegetatinn and mitigation
occurs.
Response: The Applicant will comply with the above section except where existing
structures and uses aze permitted under the existing non-conforming uses and structure
provisions of Sections 9-30 through 9-60.
td) Mitigation Strandards Any disturbance of the hufjer area must be reclaimed by regrading and
revegeunion in accordance with the Pitkin County Revegetation Guide or as directed by the Pitkin C'ounh+
rlpurian expert, the U. S. Army Corps ofEngineerc, U.S. Envirottmentu! Protection Agency. or Colorado
Division of Wildlife, and compliance with such standurdc shall be included cis a cunditirnr of any approval.
In addition, the fnllowingstandardc s'hull apply:
(1) Utility corridors in buffer areas shall he located ut the outside edge of the fiuffer.
(Z) Access roods Jar utilih+ maintenance shall be located outside the hufjer area.
(3) Access firs utility maintenance in buffer areas shoo/d he at specific points rather than parallel [a the
utilih con~idor.
(4) Development shall ineorpnr•ute specific measures designed to reduce erosion and prohibit
sedimentation; no development that will increase strecun sedimentation and suspension Inudr .chin! be
permtued.
(S) Develapmeru shall compl}~ with Sec. ,'-20-30 and those strewn: setbacks contained in Tuhle J-1.
(6) Removal nr disturbance oJbegetatiorr in riparian and wetland buffer areas shall he avoided to the
muxinrum extent practicable.
(7) Areas where vegetation in wetland or riparian buffer areas is disturbed or removed shall he
revegetuted as quickly as poss~ihle, but in no event later than one gruwtrag.ceason following conclarinn of
construction wetivities in the area.
(8) Channelimtian of streams is prohibited; development shall be designed to frt die channel rather than
allowing changes in the channel in order to fit the derelopmertt.
(9) Perennial stream channels skull he bridged whenever possihlet when this is not practicable, cuh+ertr
shall he designed to avoid plugging and prevent washouts.
([ll) Development shall not result in the raising of water temperatures.
(] L) Alteratinnr to stream channels (including their capacity, filling and dredging) shall he prohibited
unless it has beer: satisfactorily demnnetrated, throtrghsiie-specific scientific study and analvris
/including an evaluation of all ttpstreum and downstream impacts), that the proposed channel work will
irrrprove the dynamic stream channel function, Che habitat fur u diversity of species, and that future and
his7oricu! public uses, such us stream navigation, recreation, and uestlretics are not diminished by the
proposed channel improvements. All approved stream work must he permitted. Acceptable .scientific
information may include, but is not limited to, it formation un channel lrvdrologv. rile georrrorphalogy
stremhed characteristics, macroinvertebrate populations, and fish popu[atiorts. Applicant must alto
demonstrate that the scientific information provided bets been generated by an individual(sl or' legal
entity (ies) qualified to render an assessment in all pertinent ,rubjec/ areas. This demonstration muv he
provided in the form ofw crmriculum vitae ICV) for un individnul, a company resume ofprr jet[
experience, personnel certifications and licenses, etc, or am+ outer manner rewsonable tinder the
circmnstunces.
Response: The Applicant will comply with the above.
2-30-30: ONE-STEP REVIEW PROCEDURE
(h) Criteria forApprova!
(I) GENERAL
Arr application Jar One-.Step Review shall he approved if it complies witJa (u) all applicable provisions of
this Land Use Code, (61 all applicable Lund Use Policies IicTed in Sec. /-60, wnd (c) all prior
development approvals applicable [o the subject property.
bluuntd \ctici!s 1 metope fits-icsti <~ (T)l' S~,rc~ral Rc~irw
ParccllD:_'b~~ I(,?U(1-(1?; fr~ir,~,'i
Response: The Application complies with all applicable provisions of the Land Use
Code, all applicable Land Use Policies and all prior development approvals.
(1J SPCC/.4L RED'/EW' USES OR ACT/61T/ES
The BOCC', the Hearing Officer and/nr the Cammm~ity Dwelopment Director shall only approve the
proposed special review use or activity if it finds that crll of the following criteria are met:
(u) The special review use shall he consistent with dre applicable County Master Plan.
(hl The speciul review use shall not conflict with am> applicable sections gfthe Pitkin
Gmnty Lund Use Code, including the County Land Use Policies in Chapter 1.
(cl The propn,ced development must viol materially endanger the public heu/th, syfety or welfare.
(d) The proposed development must not suhstantial[v injure the vahte ofudjuining or abutting
pruperh'.
(e1 The special review use shall be consistent with dre intent ~f7he gone district in which it is proposed
to he located.
(f) The special review use.rhul! he compatible with the character of the innnediate vicinity gfthe parcel
propu.red for development and surrounding land uses, or shall enhance tl:e mixture gJ~complimentary
uses and activities in the immediate viciniy' of the parcel pmpnsed for development.
(gl The location, si=e, design and operating characteristics of the proposed special revie~iv use must he
in harmony with the surrounding area and minimee adverse effects, including vicaul impacts, impacts
on pedectrlun crud vehicular circulation, traffic generation, parking, trash, sen~ice de(iverv, air.'ivater
pollution or other impacts on natural resources, noise. vibrations and odor on surrounding properties.
(hl There mu.c( be adequate public facilities mrd services to serve the speciul review use, including but
not limited to roods, potable water, setiver, solid waste, parks, police, fire protection, emergency
medical services. hospital and nredieal services, drainage systems, and schools.
li) The proposed speciul review use muss comply wi/h any additional standards or requirements stated
,fm-such ase in Sec. 4-30 and/or Sec. 2-d0-d0
Response: The approval of a CDU in AR-10 zone district is consistent with the Land Use
Code and County policies and will not injure the value of any neighboring properties nor
materially hazm or endanger the public health, safety or welfaze. As there is already
development on the Property there aze adequate resources and public services to serve the
CDU.
(3) SUBO/6%S/ON EXEMPT/ON FOR FULLYDEVELOPED LANDS
lul .A subdivision exemption,for.fully developed lands muv be permitted ut the discretion of the County
subject an cumpliance with standards in this section:
1 The applicant shall prepare and record with the County Clerk and recorder u final plot meeting
the requirements of Pitkin Cnunh• Land Use Application Mama! and approved by the Community
Development Director.
Z. T/re subdivision divides land that is,fully developed under existing=Doing (one pr-incipul use per
minimum lot size) and the resulting lots or parcels will meet the eremption,for fatty developed [ands
that creates non-conforming Iotr may he approved ijYhe lots are deed-restricted to affordable housing
occupancy and price restrictions as approved by the Board of C'mnty C'nmmis.cioners and its housing
designee
3. An Activity Envelope shall he established, and a Site Plan review completed for al! rots or parceLc
created through this provision.
9. Remodeling of an existing residential dioelling unit .shall not result in any change in use,
expansion or reloca[iort ojfoolprint, or increase in floor area. The replacement of mrv legally
estub/fished struchtre shall not resu/t in any change in use, addition of dwelling units, or expansion of
the floor argot however, the eristingfootprint may he modified ur relocated subject to special review
approver! by the Planning anti
Zoning C'ommiscinn pursuant Io criteria in Sec. 2-30-3111h)(11.
5. The development was done in confrn~mance with the law at the time ofdevelapment.
(bl For applications that comply with thz above criteria, a GMQS exemption is available pursuant to
\launi~•I lrti~ itt I mclu~m Rctirs~ ~ CUI ~ ti~~~c~_ial Rrt irw
P~rcellll:2t,-1; It,?U(1ih?
P tee 'n
u . ~: ~
Sec. 6-30-100(61
(4) SUBD76%S/ON EXEMPTION TO CREATE PARCELS FOR COMMUN/TYOR PCtBL/C
F4C/L/T/ES OR OPEN SPACE
A suhdivision exemption to create parcels for conrmmrity and pub/ic fuclll(ies or open space shall he
permitted subject to compliance with standards in thfs section.
la1 The subdivision of /and for cnrmrrrrrtity and puhlic facilities and open spore, including parcels firs
convevunce /o public entities for public purposes, is exempt from sttbdivisinn subject to compliance
with the standards nt Sec. b-30-1?0.
(hl An upplicrmt shall be required to prepare and recnr•d with the Cbrrnty Clerk rmd Recorder u
subdivislrnt and exemption plot uppmved by the C'nmrnunity Develnpntent Director meeting tfre
requirements of Pitkin County Lund Use Application MunuaL
tcl For applications that comply wills applicable criteria, a GMQS exemption is available pursuant to
Sec. 6-3 (1-1 ~ 0.
(5) NEW LOTS /N VC.4ND VR ZONE DISTR/CTS
A subdivisimz esemptian.for nets lots created within the VC and V'R =one dish~icts shall he i7ernri(ted
suhjec•( to compliance with stundm'ds in this section.
(u) The sahdn•ision divides land tvitltin the VC or VR.nne districts, and the resultbzg lnt.S wi!/meet the
nrrderlying zone district's dimenrinna! requirements'.
(hl New lots must have frontage ore Redstone 6oulevarrl.
(cJ The upphccrnt.rhal! prepare u suhdivision exemption plat meeting the regttfrenrents gfPhkin
County Lunc! Use ,4pplicutinn Manual.
(d) Fnr uppllculions that cuntply with app/icuble criteria, u GMQS exemptiurr is uvcri(uhle pzmsuant to
Sec. b-30-130.
(h) CMQS EXEMPT/ON FOR ONE ADD/TION4L DWELL/NG LrN/T ON .4 LOT OR PARCEL
CONTA/N/NG .4 N H/STORlC STRUCTURE(S)
An application for nne additional dwelling aril on u lot nr parcel containing a historic su't,icnn'e n:rav fie
permitted if it meets the requirements oj~Sec. 6-30-h0.
(7) ROAD AND EASEMENT VACAT/ONS
The BOC'C may vacate a rncrd or easement ut the requer/ of u private londowrzer•(s/ or at irasivence of the
Cnttruv subject to conzpliunce with the frtllowing standards. Fnr purpaser of this section, the terms'
"rood" and "eu.rement"shall he deemed to include env and u/!parcels upon which t/sere has been legally
sufficient dedication to the public use and u legally offrcials afpuhlic entities.
lu1 Vacation shall be approved if it is demonstrated that upon vocation there sltul! remain suitable
access to puhlic and private land presently accessed by the street nr easement proposed,for vocation.
lh1 /n the event of vacation, rights-of=wuv or easements mcry be reserved frtr the continued use of
existing sewer, gas, water, nr similar pipelines and appurtenance, for ditches, canals cmd
appurtenances, and for electric. telephone, and similar lines and appurtenances. Equesh~ian,
per/estrian, vehicular or other [rails may also be reserved by (he Board of Count)+ C'ammissinrrers.
tcl .Any wri//en instrument of vocation or a resubdivirinn plot approved by the Boarrf of
County Commissioners purporting to vacate or relocate roadways or portions nfroadwavs that is of
record in dre counties where the rnadwcrvs affected are situated for a period of seven (') years shall he
primu.facie evidence nfart effective vucntion of such former roudtvuys.
(8) 4PPR0CAL OFAN,4CTIV/TY EN6 ELOPE OR S/TE PLANS BS' HEAR/NG OFf'/CER
When an applicutiorr firs approval of an Activity Envelope or Site Plan !s heard by the
Hearing Offrcer, either because the Community Develapmerr! Director has referred the application
ptrrszturt( to ,Sec 2-311-20(i), or because the application is intertdecl to result in a vested pruperh~ right
pursuant to .Sec. ?-20-1'0, the Hearing Officer shell apply dte some approve! criteria dtul C'nrmnunit_v
Development Department staff world have applied /u un administrative appruvcrl nfthe applfeudion
under .Sec. 2-30-?0(g/.
(9) DES/GNAT/ON TO OR REMO6 AL FROM H/BYOB/C REG/STER
tut Designation nfproperties to the Pitkin County ffistoric Reglsler, or the removal gfproperlies from
the Historic Register, are both uccnmplislted through a resolution approved by the Board ojCoun(y
Conrmissianerr..4n application for designation may he filed by the property owner, the Cumnzunfty+
Development Director, the Planning and
Zoning Commission, or (he Board of County Commissioners.
(h) The crlleria jbr designation of properties to dte Historic Register are in compliance with those
standards and criteria set ford: in the Pitkin Comtty Historic Register
!~~1auntcl \cut its I mrlsr~~r R.rt irtt <~ C'I)I ~1~~~a~ial IZrt ic~,t
~~.I CCeI 11): ~(i-Li-I(i~ f)(I ll~i E~;~a~ ~7
'J LJ Ii ~Gt+~
lc) The Justification fits desisting includes, hu[ is not limited to' (i) the loss ofsignificunce due to loss
of or damage to the associative qualities or phvrical characteristics that nmke the prnpertt•• or district
historic or architecturally importmtt, or (iii c•onn~adictorv information to the analysis andinr frndings
ofthe original designation report /fa request for delis[ingfront the His[oric• Register is denied, a new
application for desisting muv not he,rled again for a period ~f hvu (2) years_fram the date of denial by
the Board ofCounty C'ornmissioners.
Response: The above sections 3 - 9 do not apply to this Application.
4-30-50: ACCESSORYAND TEMPORARY USES
(eJ Caretaker Dwelling Unit
These standards ure for the purposes of providing u vohmtury caretaker dwelling unit on a legally created
tat ar parcel in [he C: nunty. Caretaker dwelling units created pursuant to these provisions', shall riot be used
for mitigation nl~emplgvee housing requiremenas us established elsewhere in this
Land Use Code.
(1) COLt ASPERMlTTED.9CCESSORY USE
/n die RS-1611, R.S-35. RS-30, RS-20, .4R-10, AR-2, R-3Q R-15, R-15.4, mrd R-6 gone districts, one (7)
caretaker dwelling unit shall he a permitted uccesson~ use prnvfded that.
tat /t is attached [o u single Jirndly home ("principal dwelling")t
(bl The In( or parcel nn which it is totaled conforms trt the minimurn lot are requirements for each
dwelling In ahe zone dis'u•ict in which the caretaker dwelling urrlt is' located, as shown in
Table ~-/;
/c) The euretuker cfivelling unit shall not exceed one /housand I1, 0001 net livable sgttnre feet on lots ar
parcels that are shirty thousand l3ll, 000) square feet or greater in In! urea, one/seven hundred (?00)
net livable.rquare,feetnn lots ar parcels that are less than thirty thousand %30,000) sguarejeet in lot
great
(dl The,floor area Qf the caretaker omit shall he included in the total allowed floor area J"or the lot or
parcel nf7und (e.g., ijYhe C'DU it seven hundred /'7101 square feet, the maximum total cn•eu of the
primacy residence and other included accessory strzzctures shall he seven hundred ('001 square feet
less than what woald apply without Ute CDU);
le/ 71vo IZI off street parking spaces shall be provided for each caretaker dwe/sing unit.
(n The appliccatt shat! by deed restriction or other permanent commitment running with the land
guarantee that the caretaker dwelling snit:
7. ,Shall not be required to be rented;
2. Shall not be sold or nthenvise ennvcryed ar supuru[ed from the original parcel regardless of the
uhimute furor ofox•ners{rip of~the caretaker unit;
3. Shull he limited to occupancy by (i) not mime than two (2) adults, and related children, wlto
yuali/i' crs (and have been found by the Housing Uffice [a het employees ojthe community under
such guidelines as muv from time [n time be established, or (iii members of the owner's immediate
jmnily, even though they ntcry nut qualfi' ur employees of the community
-7 Shall be rented.for terms not less than six (6l months if7eMed.
lg/ The Caretaker Dwelling Unit restriction may he removed by the property mvner upon approval of
[Ite C'omntunity Devehrpnten[ Director, .ruhjert to tl:e requirement that the dwelling is removed or
modified. If modified, the remuinir:g Improvements must no longer he capable of occupancy us u
dwelling unit and nnrst meet otherwise applicable reyuirenrents of this Lund Use Cbde.
list The provisfons of this regedatinn ure for the purpose of providing u voluntary Caretcnper Dwelling
Unit un a legally ereuted lot or parcel in the Cuuntv..4ny unit upprm~ed under this provision of this
Lund Use Code shall not be used for mitigation afemplovee housdng requirements as es[nb[ished
elsewhere in this Lund U.ce Code.
Response: The Applicant is requesting permission for a detached CDU on a substandard
sized lot as provided for below and commits to otherwise complying with the above
requirements.
!~ltimucl ,\ctis in I m clorc Rcs icss ~ ('DI Sizecial IZcs icss
P:u•c'cl ID; 261i-162 OO Q2i I',~Cr ~R
`a~~_ ~3~
(1J CDC/ .qS SPECCAL RE {7EW ACCESSORY C/SF.
A caretaker dwehing unit that is (al located in the LIR-35, VR, 6-1, VC, P-1, or T =one district or (bl
located nn cr tut or parcel deal does not meet thc• minimum lot urea requirements for each dwelling unit in
the zone district where iI is located, as set forth in Table S-l, or /cl is detached from the principal single-
jirmilvdwelling on the lot or parcel, shall require approrul through the Special Review (/se process in
Chapter?, und.chall meet the requirements nfsuhrections (!)/cl through (11 (g/ above.
Response: The Applicant is requesting approval for a detached CDU on a substandazd
size lot as provided for in this code section and will otherwise comply with (])(c) through
(1)(g) above.
6-30-40: EXEMPTION FOR DEED RESTRICTED DWELLING UNITS
(c) Caretaker Dwelling Onits ("CDUs"J
One l/I C'aretaker Dwelling Clnid ("CDU') may he exempted from Growth Management nrt any lot nr
parcel located in cr mne district in tivhich u C'DU is an allowed ace, a use allmved by special review, or a
are allowed ur purl of u master plan, as shown in Table d-7. The CD(l may be allowed even if the lot nr
petrel is suhstartdard in size and the reszdting developn:errt on the tutor parcel would trot conform d> the
underlying Torre disn~ict's ntinimunr parcel size for each dwelling unit, svhject to [he standards in Sec. d-30-
~0(el. The CDU me{v he either attached to a single family dwelling unit ("princ•ipal dwelling"1 nr other use
or muv he detached from the principal dwelling ar other allowed use if it romplies with tlae s[undardc in
Sec. -1-30-50(el
Response: The Property is within the AR10 Zone District, which allows detached CDUs
by Special Review even if such lots aze substandazd as to size. The CDU will otherwise
comply with the standazds in Sec.4-30-50(c).
2-40-20: SPECIAL REVIEW USE
(n Additional Special Review Procedures jot Caretaker Dwelling Ctnits
Tl:e Comnrunin~ Development Director may grant special review approval for a caretaker dwelling unit
subject to the following procedures:
(I) The C'omnrunity Development Department steal! pn.rt natic•e and provide mailed notice to dre property
owners adjuc•ent to the site gfYhe lot or parcel for which u caretaker dwelling unit is proposed. The
notices shall contain the information required by Sec•. 1-11)-100 and shall state that the C utnmunity
Development Department will accept cammentr or objections regarding the application unto u date at
least hvo (1) weeks following the postmarked dale of the mailed notice. The notice shall further state that
if )to objections are received by that date, the C'ammunity Development Deparmrent shall make u
decision on the applicatiwr pursuant to tTtis Land Ltse Code.
(11 ~fno objections to the application are received by the dote stated in the notice, the
CummuniN Development Department shall document the fact that no objections were receh•ed and shall
nruke u decision on the application pursuant to this Land Use Code.
(3J lj~um~ uhjecllnns to the application are received ten the date stated in the nortc•e, [he Community
Development Deportment shall rontinue the applicutiorr to u public hearing befrn~e the Board of C'ounN
Cbnnnissionerc.
Response: The Applicant is requesting approval for a detached CDU and will comply
with the above requirements.
\9auntcl ,lcticil~ I~mrlrt~~c Reeicss c@ (DI i ti~,.ri~tl Rcsir~s
Purccl 11): 2h-4.i I(,?(10-O:'3 Pass _'~t
Additional Review Criteria
Legally Created:
The 2.22 acre Parcel was divided off from its fathering parcel into its current
configuration in the recorded 1961 deed from Walter O. Matthew to Gray Douglas &
Una Marie Ward under the state law allowing for 2 acre subdivisions in effect at that time
(see attached deed). The fathering parcel came into private ownership via the State of
Colorado Patent recorded on July 6, 1920 wherein the State of Colorado sold 268.98
acres of "School Lands" to T.A. Smith (see attached patent) which ultimately came in to
the ownership of Matthew.
Merger:
Since the 2001 1041 Hazard Review approval (see attached), which established a
building envelope and addressed merger none of the three privately held parcels
surrounding the Property (the fourth side being Highway 82) have come into common
ownership with the Property. The parcel across the Roaring Fork River from the Property
(PID 2643 162 00 024) changed hands on 4/03/06 from Newton to Pew III, the adjacent
property to the south (PID 2643 132 00 058) changed hands in 6/09/06 from Horizons At
The Fork to Parsons while the adjacent DeWolfe lot to the north (PID 2643 1 X52 00 022)
has not changed hands since 2001 approval.
Adjacent Property Owners
State of Colorado -Colorado Department of Transportation
Highway 82
4201 Fast Arkansas Avenue
Denver, Colorado 80222
Robert C. Pew III
PO Box 219
Woody Creek, CO 81656-0219
PID 2643 162 00 024
William N. Parsons
1100 Tobler Road
Knoxville, TN 3'7919
PID 2643 132 00 058
Brian A DeWolfe
PO Box 59
Woody Creek, CO 81656
Mineral Rights retained by State of Colorado in attached 1920 Patent.
\1auntrl ~1cu~ its l~n~cl~~pc Rc~icw & CI)1~ Spr~ial Rr~ic~~
Parcel Ill: _'1x43 El,? (IO-(1,?i ~'II,C ill
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V ICIN I'IY MAP
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~EGA~ DESCRIPT ON
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Mauntel Activity Envelope Review &
Caretaker Dwelling Unit Special Review
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Leal Description
A tract of land situated in Lot 12, Section 16, Township 9, Range 85 West of the the
Sixth Principal Meridian described as follows:
Beginning at a point on the Northeasterly right of way line of State Highway No. 82
whence the Northwest Comer of said Section 16 bears
North 41°10' West 2664.31 feet;
thence North 17°00' West 210.92 feet along the Northeasterly line of said State
Highway No. 82;
thence North 78°22' East 397.98 feet to the center of the Roaring Fork River,
thence South 46°35' East 256.20 feet along the center of the Roaring Fork River;
thence South 78°22' West 525.02 feet to the Point of Beginning.
County of Pitkin, State of Colorado.
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Vicinity Map
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY
DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO,
GRANTING APPROVAL TO THE MAUNTEL CARETAKER DWELLING UNIT
AND 1041 HA7.ARn REVIEW FOR AN UPPER/MAIN BUILDING ENVELOPE
AND DENYING 1041 APPROVAL FOR ALOWER/ACCESSORY BUILDING
ENVELOPE
Determination No.t~-2001
RECITALS
Susan Mauntel ("Applicant's has applied to the Pitkin County Hearing Officer for
1041 Hazard Review approval to establish an "upper" or main building envelope
that will encompass an existing single-family residence as well as a "lower" or
accessory building envelope.
2. The property is zoned AFR-10 and contains 2.2 acres.
3. The property is located at 0334 Twining Flats Road and is more specifically
described in Exhibit A.
4. The Hearing Officer heard this application at a duly noticed public hearing on
November 20, 2001 at which time evidence and testimony were presented with
respect to this application.
The Hearing Officer finds that the upper building envelope encompassing the
existing residence avoids significant wildlife habitat, contains minimal wildfire
hazard, avoids slopes greater than 30 percent and can adequately accommodate a
caretaker dwelling unit.
6. The Hearing Officer further finds that the lower accessory envelope is located in
an area of sensitive wildlife habitat, which is prohibited pursuant to Code Section
3-80-080 (G). The Hearing Officer finds that the building envelope for the main
residence would be a more suitable location for a caretaker dwelling unit.
NOW THEREFORE, BE IT RESOLVED by the Pitkin County Hearing Oflcer
that approval is hereby granted to the Mauntel Caretaker Dwelling Unit and 1041 Hazard
Review for the upper/main building envelope that will encompass an existing residence
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 Applicants shall adhere to all conditions and material representations made in the
application and public meetings except as amended herein.
2. Prior to submittal for any building permits, the Applicants shall record a 24 X 36 inch
mylar 1041 Hazard Review Site Plan in accordance with Section 5-70-040 of the
I I~IIII I~III I'I~I~ III' III'III III I~IIII III VIII IIII III 461515 fi0 ~ 53H
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Hearing Officer DetermviaticY .doh' /-2001
Page 2
Land Use Code. 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.
3. The Applicants shall modify the building envelope on the north side of the house to
not extend beyond the existing landscaped area.
4. The Applicants shall comply with the following wildfire mitigation measures:
Defensible Space:
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 distance
a 10 foot perimeter of all structures.
B. For a distance of 10-15 feet around any structure, vegetation shall be maintained
at 6 inches or less. Woody vegetation shall not be planted and flammable
materials shall not be stored in this perimeter.
C. Vegetation shall be reduced to break up the vertical and horizontal continuity of
the fuels a minimum of a 30 foot perimeter around a structure built on flat ground.
D. Spacing between clumps of brush and vegetation within the 100 of any structure
on the property shall be a minimum of two and a half times the height of the fuel.
Maximum diameter of the clumps shall be two times the height of the vegetation.
All measurements shall be from the edges of the crowns of the fuels. Ladder fuels
should be removed up to half the total height of the shrubs.
F. All branches from trees and brush within the 30 foot perimeter shall be pruned to
a height of 10 feet above the ground and removal of ladder fuels from azound
trees and brush.
G. Tree crown separation within a 30 foot perimeter shall have a minimum of 10 feet
between the edges of the crowns. This does not apply to mature stands of Aspen
trees where the above recommendation for removal of ladder fuels have been
complied with.
H. All branches which extend over the roof eaves shall be trimmed and all branches
within 150 feet of the chimneys shall be removed.
I. The density of fuels within a 100 foot perimeter around all structures shall be
reduced where natural reduction has not already occurred.
J. All deadfall within the 150 foot perimeter shall be removed.
K. The Applicant shall be responsible for the continued maintenance of the
defensible space vegetation requirements.
5. The Applicants shall comply with the following additional wildfire mitigation
standazds:
:;~wir~3r
Hearing Officer Detecminah3.do. _'2001 •
Page 3
A. Roofing: New roofs shall have anon-combustible roof covering on a class A,
assembly roof system. Wood shake/shingle roof coverings and flat roofs (up to a
3:12) pitch aze prohibited.
B. Vents shall be screened with corrosive resistant wire mesh with mesh one-fourth-
inch (1/4") maximum.
C. Roofs and gutters shall be kept cleaz of debris.
D. Yards shall be kept cleaz 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.
F. Weeds and grasses within the 15 foot perimeter shall be maintained to a height
not more than 6 inches.
G. Firewood wood piles shall be stacked on a parallel contour a minimum of 15 feet
away from any structure.
H. Swimming pools shall accessible to Fire Department vehicles.
I. Fences shall be kept cleaz of brush and debris.
J. Wood fences shall not connect to any structure.
K. Any outbuildings or additional structures shall adhere to the same standards as
structures.
L. Fuel tanks shall be installed underground with an approved container.
M. Propane tanks shall be installed according to NFPA 48 standazds and on a contour
away from the structure with standazd 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.
N. Each structure shall have a minimum of one pound approved ABC fire
extinguisher placed in a visible and accessible location.
O. Addresses shall be cleazly marked with 2 inch non-combustible letters and shall
be cleazly visible at the primary point of access from the public or common access
road and installed on anon-combustible post.
P. New utility lines shall be buried.
6. The Applicant shall comply with the following conditions for the caretaker dwelling
unit.
A. The unit shall remain less than 700 net livable squaze feet.
B. The kitchen shall contain at least a two burner stove with oven, standard sink, and
at least a 6-cubic foot refrigerator plus freezer.
C. One off-street pazking space shall be provided for the unit.
D. A deed restriction for the caretaker dwelling unit shall be recorded prior to
issuance of a building permit.
E. A site visit shall be conducted by the Housing Office upon completion of the unit
but prior to issuance of a Certificate of Occupancy.
F. Floor plans of the caretaker dwelling unit shall be provided to the Housing Office
prior to issuance of a building permit.
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Page 4
7. No development, including grading, excavation, fill placement, bemring, landscaping,
entry or ranch gates, construction staging, and vegetation removal or disturbance shall
occur outside of the approved building (and/or) development envelopes unless
otherwise specified in this document, such as necessary wildfire mitigation. Utility
and driveway extension and maintenance shall occur within the approved building
envelope.
8. The Applicants shall comply with the 2001 Wildlife Protection Ordinance No. 010-
2001 for waste storage.
9. Pursuant to Ordinance No. 022-2000, the Applicants are subject to the Fair Shaze
Requirements and shall pay a road impact fee as calculated at the same time as
building pemrit issuance.
10. Floor azea shall be limited to 5,750 square feet exempt from growth management.
Floor azea shall be calculated based on the definition in effect at the time of building
pemrit submittal.
11. Prior to commencement of any earthmoving or construction activity, the Applicants
shall stake the comers of the building envelope and install construction fencing
around the perimeter of the building envelope. The fencing shall remain in place
until issuance of certificate of occupancy.
12. Statutory vested rights for the approval contained herein aze 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.RS., § 24-68-105. The
statutory vested rights granted herein shall expire on November 20, 2004.
NOW THEREFORE, BE IT FURTHER RESOLVED by the Pitkin County
Hearing Officer that the lower/accessory building envelope is denied 1041 Hazard
Review approval as it contains riparian wildlife habitat where development is prohibited
pursuant to Section 3-80-080 (G) of the Land Use Code.
(IIIIII VIII III~Ii Illi (IIIIII IIII IIIIII III VIII IIII ill 0 46 65 a 0060:538
Hearing Officer Determinah~do. ~-2001
Page 5
NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES
WEEKLY ON THE 20th DAY OF OCTOBER 2001.
APPROVED ON THE ZOth DAY OF NOVEMBER 2001.
THE
Isabel
AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN
TIlVIES WEEKLY ON QP_~P.rvilc~r $W1 tel.
Assistant
HEARING OFFICER OF PTI'KIN
COUNTY, COLORADO
ames R. True
Hearing Officer
Date: 17~~~
APPROVED AS TO FORM:
John
C ty Attorney
Case #P 148-01
PID# 264316200023
APPROVED AS TO CONTENT:
~~~
Cindy Houben,
Community Development :D~rector
IIIIIIIIIIIIIIIIIIIII~IIII~IIIIIIIIIIIIIIIIIIIIIIIIIIII 46 sn0e5 6e:saa
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EXHIBIT A
A tract of land situated in Lot 12, Section 16, Township 9, Range 85 West of the the
Sixth Principal Meridian described as follows:
Beginning at a point on the Northeasterly right of way line of State Highway No. 82
whence the Northwest Comer of said Section 16 bears
North 41°10' West 2664.31 feet;
thence North 17°00' West 210.92 feet along the Northeasterly line of said State
Highway No. 82;
thence North 78°22' East 397.98 feet to the center of the Roaring Fork River;
thence South 46°35' East 256.20 feet along the center of the Roaring Fork River;
thence South 78°22' West 525.02 feet to the Point of Beginning.
County of Pitkin, State of Colorado.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO 46 fi5e ee6e:saa
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PERMIT NUMBER
PITKIN COIJjjT~Y~H~~,TB DEPARTMENT
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Owner
Address ~~~
Contractor
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Phone # %~ ~~ 5 ~
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Location of system ~/~~~^Zj~ ~/~~,/T~ ,
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Legal description ~YT r~ ,5eC~6 ~~'>i/;,,%,o~~J ~^~~~{ ~LJr~~P i'~~
Number of bedrooms
Signature of owner
Percolation test data
M' im recom~enc~ed bsorption system size
iinimum recommended tank size ~ ~) [J
Lot size ~C~^J~, -r
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Permit application valid one year from dates Application to become permit and final
only after lower portion is completed and signed. Retain this form at the construction
site.
DRAWING OF SYSTEM
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Form No. OFFICE O~HE STATE ENGINEER •
~cws-zs COLORADO DIVISION OF WATER RESOURCES
618 Centennial Bldg., 1313 Sherman St., Denver. Colwatlo 80203
(303)866-3581
APPLICANT
SUSAN L MAUNTEL
PO BOX 10496
ASPEN, CO 81612-
(970)923-3231
LIG
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WELL PERMIT NUMBER 71086 -. A
~~ DIV 5 WD38 DES. BASIN MD
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APPROVED WELL LOCATION
PITKIN COUNTY
SE 1/4 NW 1/4 Section 16
Township 9 S Range 85 W Sixth P.M.
DISTANCES FROM SECT-ION LINES
1937 Ft. from North Section Line
1931 Ft. from West Section Line
UTM COORDINATES (Meters Zone'13 NAD83)
tasang: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
i) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner o(e vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water WeII Construction Rules 2 CCR 402-2, unless approval of a variance has
been granted by the State Board of Examiners of Water Weli ConstmGion and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(c) for the relocation of an existing well, permit no. 71096, and the decree granted for the Kataoka
Well no 1 in case no. W-3742, Division 5 Water Court. The operation of this well is subject to the terms and conditions of said decree. The old
well must be plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety (90) days of completion of the new welt.
The enclosed Well Abandonment Repod form must be completed and submflted to affirm that the old web was plugged
4) Approved as the only well on a residential site of 2.2 aue(s) described as that portion o(the SE 1/4 of the NW 1/4, Sec. 16, Twp. 9 South,
Rng. 85 West, 6th P.M., Pifkin County, more particularry desuibed on the attached exhibit A. Fudher ident~ed as 0334 Twining Flats Road,
Woody Creek, CO 81656.
5) The use of ground water from this well is limded to ordinary household purposes msitle one single family dwelling. The ground water shall
not be used for irrigation or other purposes.
6) The pumping rate of this well shall not ezceetl 15 GPM.
7) The retain Bow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the
water is returned to the same stream system in which the well is located.
8) This well shall be constructed not more than 260 {oat from the location sper~ed on this permit and not more than 200 feet from the location
decreed for Kataoka Well no.i in case no. W-3742 (decreed bcation is 1950 hom the North section line and 2000 from the West section line).
NOTICE. This permit has been approved subject to the following changes: The distances hom section lines were calculaletl from UTM
(longitude Aadtude) coordinate values provided with the permit application. Vou are hereby notified that you have the fight to appeal the
issuance of this permit, by filing a written request with this office within sixty (60) days of the date of issuance, pursuant to the State
Administrative Procedures Act. (See Section 24<-104 through 106, C.R.S.)
NOTE Parcel Identification Number (PIN): 49-2643-162-00-023 ~f.-- ~ ~i
NOTE: Assessor Taz Schedule Number: R003520 'O 8 ~.~ O~'
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Filed for rcco-rd the 2nd day of July A. D'
--------------------------------=---------
~~M./Irene Lehow
Notary Public.
1920 at 2;02 o'clock P. ]ld.
Mary E. 1~fellor Recorder.
By Edna E. Cole Deputy.
78 PATENT.
STATE OF COLORADa.
PATETdT N0..3282
To all unto Whom these Presents shall Come: Greeting:
Whereas T. A. Smith of the County of~PITKIN, and State of Colorado, in accordant
with the provisions of the acts of the General Assembly of the State of Colorado, ap=
proved and in force'at the time of the purchase of the land herein designated and de-
scribed, and at the time of the execution of this conveyance, has made full paymont a
appesrs from the records of the State Board of Land Commissioners, of and for the fol
lowing described real estate,-lying and situate in the County of PITKIPi, and State of
Colorado, to-wit;
The West half (W'x~-) of Section Sixteen, (16), Township Nine (9) South, Range
Eighty-Five (85) West of the Sixth (6th) Principal fieridian, less Lots Nos. 3, 4 and
5, and Right-of-Way No. 442, containing in all 51.02 acres, and containing Two Hun-
dred Sixty-Eight and 98100 (268.98) acres, more or less, according to United States
survoy.
Reserving, however, to the State of Colorado, all rights to any and all minerals
ores and metals of every kind and character and all eo&1, asphaltum,oil and other
like substances in or under said land and the rip•ht of ingress and egress fvr the
purpose of ininiiZg, together vrith enough of the surface of same as may be necessary
&or the proper and convenient vrorking oi' such minerals and substances.d~j~+~~+.d~Qu~+
which said described tract of+land has been purchased by the said T. A. Smith for the
sum of One Thousand Three Hundred Twenty-Four and 06100 (r~`-1324.0G) Dollars,
Now Know Ye, That the State of Colorado in consideration of the premises, and in
conformity with the Act of the General Assembly, in such case provided, has sold and
granted, and by tress presents does sell and grant unto the said T. A. Smith, and to
his heirs and assigns, the said tract above described; To Have and to Hold the same
as above specified, together with all the rights, privileges immuniLes and appurten-
ances of whatsoever nature hereunto belonging, unto the said T. A. Smith, and to his
heirs and assip•ns forever.
In Testimony Whereof, I,JULIUS C. GUNTER, Governor of the State of Colorado,
have caused these fetters to be mad-e l=atent and the Great Seal of the State of ColoraE
to be hereunto attached.
Given under my hand at the City of Denver,- the 7th day of July„ A. D. 1917.
Jul~.izs C. Gunter
Governor.
Attest: James R. Noland
(SEAL) Secretary of State of the State of Colorado.
(SEAL)
John F. Yiv3~.an
' egister State Board of Land Connnissioners
Cettificate of Purchase X4142, Bk.14.
Land Sold Aisy 2, 1917.
Filed for record the 6th day-of July A. D. 1920 at 10:00 o'clock A. M.
Mary E. MQllor Recorder.
By Edna E. Cole Deputy.
d
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CERTIFICATE OF OWNERSHIP
Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that
Susan L. Mauntel is the owner in fee simple of the following described property:
A tract of land situated m Lot 12, Section 16, Township 9 South, Range 85 West of the Sixth Principal Meridian
described as Yollows:
Beginning a[ a point on the Northeasterly right of way line of State Highway No. 82 whence the Northwest Corner of said
Section 16 bears North 41° 10' West 2,664.31 feet;
thence North 17°00' West 210.92 feet along the Northeasterly line of said State Highway No. 82;
thence North 78°22' East 397.98 feet to the center of the Roaring Fork River;
thence South 46°35' Eas[ 256.20 feet along [he center of the Roaring Fork River;
thence South 78°22' West 525.02 Feet to the point of beginning.
Subject parcel of land identified by the County Assessor's Office of Pitkin County, Colorado as:
Parcel # - 2643-162-00-023 and according to said Assessor's Office address of 334 Twining Flats Road.
This certificate is not to be consttued to be a guarantee of title and is fiunished for informational purposes only.
PITKIN COUNTY TITLE, INC.
BY:
authorized signature
CERTIFIED TO: APRIL 20, 2009 at 8:00 A.M.
Job No. PCT22218L
`~"v~`_~i,f
PITION COUi~ COMMUNITY DEVELOP DEPARTMEI~TI'
AGREEMENT' FOR PAYMINP OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Susan Mauntel (hereinafter APPLICANT) AGREE
AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Activity Emelooe. Lot Line
Adjustment & Caretaker Dwelling Unit, (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee
structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to
be consistent and fair to the public and to reflect the expense incurred in providing such services to the
public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs
involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Boazd of County Commissioners to make
legally required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect
full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of which is based on hours of staff time, and if actual time spent
by staff to process the application exceeds the average nwnber of hours by more than 20%, then the
COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
PITIQN COUNTY APPLICANT
Cindy Houben
Community Development Director
Effective 7/26/06
G:county~adminUO`ms~agreement m imy
~usan Maunyte~l
Date: ~ O / ~-~ ~ ~ 9
Mailing Address: 1111 Race Street #lOB
Denver, Colorado 80206
~~~`~4~
To: Pitkin County Community Development Department, To Whom It May Concern.
From: Susan Mauntel
1111 Race Street, #lOB
Denver, Colorado 80206
Re: 334 Twining Flats, Woody Creek with property [D# 2643 162 00 023.
I hereby grant Grafton Smith of Grafton Smith Planning permission to submit Activity
Envelope, Lot Line Adjustment and Care Taker Dwelling Unit Land Use Applications to
the Pitkin County Community Development OfFice for my above listed property.
Please call me at (720) 536-8620 if you have any questions.
~~~~~ ~
Susan Mauntel
Date
~ ~~ ~
Letter of Permission
Mauntel Activity Envelope, Lot Line Adjustment & CDU Special Review
334 Twining Flats -Property IT3#2643 162 00 023
„~
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•
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: 334 Twining Flats Road PID#'s: 2643-162- 00-023
ZONING: AR-10
OWNER: Susan Mountel
REPRESENTATIVE: Grafton Smith PHONE: 925.7120 EMAIL: graftcrosmith(w,comcast.net
DATE: April 21, 2009 PLANNER: Mike Kraemer, 920.5482
Description of Project/Development: The Applicant is requesting approval of an Activity Envelope and Special Review
for a Caretaker Dwelling Unit, with vested rights for a pazcel currently developed with a single family residence.
Land Use Code Sections to be addressed iu letter of request (application):
Sec. 2-30-20(g): Activity Envelope Criteria for Approval;
Sec. 7-10-50: Activity Envelope
Sec. 7-20-10: Site Prepazation and Grading;
Sec. 7-20-20: Steep and Potentially Unstable Slopes;
Sec. 7-20-30: Water Courses and Drainage;
Sec. 7-20-60: Wildfire Hazard - (azea mapped in a low wildfire hazard azea);
Sec. 7-20-70: Wildlife Habitat (not mapped in any big game ranges);
Sec. 7-20-80: River and Stream Corridors;
Sec. 2-30-30(h): Special Review for a CDU
Sec. 4-30-50(exl)(2): Cazetaker Dwelling Unit
Sec. 6-30-40(c): GMQS Exemption for CDU
Sec. 2-40-20(f): Additional Special Review Procedures for CDU's
Staff will refer the application to the following agencies: Woody Creek Caucus, Aspen Fire District, EFI/NR, Housing, and
CDO W.
Review by: Community Development Director
Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the
date specified for the Administrative Decision pursuant to Sec. 2-20-100(x)(3) of the Land Use Code. In addition, the
Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return
address of the Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appeaz no more
than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from
the date the notice was postmazked to submit comments or objections to the Community Development Department.
FEES: $3,277 (make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $2,245 (non-refundable; based on 13 hours of stafftime). If staff review time exceeds 15.6 hours, the
Applicant will be chazged for additional time above 13 hours at a rate of $249/hour)
o Public Notice Fee: $54
o Web Tech Fee: $25
o Housing Referral Fee: $166
o EH/NR: $542
To apply, submit 6 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. 24" by 36" and 11"17" Activity Envelope as designated in Section 2.1.1 and 2.1.3 of the Pitkin County Land Use
Application Manual;
3. Previous Land Use Approvals (if applicable);
'i t:'1 ~' 4 `.~
~~~
4. Proof of ownership of subject property;
5. Applicable merger documents;
6. Proof the pazcel was legally created;
7. Pazcel description, including legal description and vicinity map;
8. Total fee for review of the application;
9. Signed fee agreement (1 copy);
10. Consent from owner(s) to process application and authorizing the representative (1 copy)
] 1. List of all adjacent property owners and mineral estate owners (1 copy)
12. Copies of this pre-app form
NOTES:
- PLEASE SUBMIT ONE UNBOUND AND ONE S/DED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-SIDED COPIES
OF ALL REMAINMG COPIES OF YOUR APPL!CATION (IF POSS1BLEl. THE PARCEL IDsSHOULD BE INCL UDED ONALL DOCUMENTS
INCLUDED BV YOUR APPL/CAT/ON.
- ALL MAPS SHALL BE FOLDED.
- This pre-application conference summary is advisory in nature and not binding on the County. The information provufed in this summary is
based on current zoning standards and stafj"s interpretations based upon representations ofthe applicant. Additional information may be
required upon a complete review of the applicatiors.
~1'a is l'~ ~1
?LS is L:3
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on July 16, 2009, the Pitkin
County Community Development Director granted approval for the Approving the Mauntel
Activity Envelope and Special Review for a Caretaker Dwelling Unit with Vesting (Case
P043-09; Deter. #52-2009). The property is located at 0334 Twining Flats Road and is
legally described as a tract of land situated in Lot 12, Section 16, Township 9, Range 85
West of the 6`h P.M. The State Parcel Identification Number for the property is 2643-
162-00-023. This site-specific development plan grants a vested property right pursuant to
Title 24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on August 2, 2009.
PUBLIC NOTICE
RE: Mauntel Activity Envelope and Special Review for a Caretaker Dwelling Unit with
Vesting (Case P043-09)
NOTICE IS HEREBY GIVEN that an application has been submitted by Susan L.
Mauntel (PO Box 10496, Aspen, CO 81612) requesting approval of an Activity Envelope
and Special Review for a Caretaker Dwelling Unit with vested rights for a parcel
currently developed with a single family residence. The property is located at 0334
Twining Flats Road and is legally described as a tract of land situated in Lot 12, Section
16, Township 9, Range 85 West of the 6ch P.M. The State Parcel Identification Number
for the property is 2643-162-00-023. The application is available for public inspection in
the Pitkin County Community Development Department, City Hall, 130 S. Galena St.,
Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482.
Published in the Aspen Times Weekly on June 7, 2009.
Attention Adiacent Pronertv Owners
A property owner receiving this public notice shall provide comments or objections to the
Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611,
By July 7, 2009. If any objections to the development application are received the
Community Development Department shall continue the application to a public hearing
before the Hearing Officer.
PITHIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
May 20, 2009
Grafton Smith
187 West Lupine Drive
Aspen, CO 81611
graftonsmith(c~comcast.net
Re: Mauntel Activity Envelope and Special Review for a Cazetaker Dwelling Unit with Vesting
(PID#2643-162-00-023; Case# P043-09)
Dear Mr. Smith:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property
owners with the return address of the Community Development Department (copy of notice will be
mailed to you by the Community Development Department) by (I S days out) June 7, 2009. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice shall provide comments or objections to the Community Development by (30
days out) 7~' day of July, 2009. If any objections to the development application are received by this
date, the Community Development Department shall continue the application to a public hearing before
the Boazd of County Commissioners.
2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 22"d day of June, 2009, which is at least fifteen (15) days prior to the (30 day out)
July 7, 2009. This must be submitted prior to any approvals being granted.
If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Waechtler
Administrative Assistant
Encl: Affidavit Code Section 2-20-100
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Aspen Fire Department
Environmental Health and Natural Resources
Colorado Division of Wildlife
Woody Creek Caucus
Pitkin County Housing
FROM: Mike Kraemer, Community Development Department
Re: Mauntel Activity Envelope and Special Review for a Caretaker
Dwelling Unit with Vesting
(PID 2643-162-00-023; Case P043-09)
DATE: May 20, 2009
Attached for your review and comments are materials for an application submitted by
Susan Mauntel. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Tuesday, July 7, 2009.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH
ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS
TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT
THE LINK BELOW FOR THIS LAND USE CASE REFERRAL.
http•//www asoenpitkin com/pdfs/dents/7/landuse odf
If you require a paper copy of this application contact Bonnie Waechtler at
bonnie.waechter<a~co.nitkin.co.us or 920-5109.
STATE OF COLORADO
G~~~O
Bill Ritter, Jr., Governor
DEPARTMENT OF NATURAL RESOURCES p ~ '
DIVISION OF WILDLIFE y
AN EQUAL OPPORTUNITY EMPLOYER ~~~O~.OF~1'O
Thomas E. Remington, Director
6060 Broadway For ~ldlife-
Denver, Colorado 80216 For People
Telephone: (303) 297-1192
wildlife. state. co. us
6-07-09
Pitkin County Community Development
130 S, Galena
Aspen, CO 81601
RE: Mauntel Activity Envelope
Dear Mike:
The Mauntel site contains an existing home which does not lie within any mapped big game winter ranges or
activity areas. It does lie within black bear conflict area and fall concentration area. Bears feed along the riparian
area as well as the shrub covered hillsides. There have been significant bear-human conflicts in the past along
Twinning Flats Road. The main value of the parcel to wildlife is the riparian area located on the bench below the
existing home.
There should be no significant additional impacts to wildlife with redevelopment of the parcel as long as all
development remains outside the 100' river setback and riparian area. The access and walkway envelope should
not have any significant impacts to wildlife as well. It is important that the riparian area (within the designated
recreation area) remain in native vegetation and there should be no removal or type conversion of the riparian
habitat.
Homeowners should implement all measures outline in the LUC regarding bears. In addition, the following
measures are recommended to minimize wildlife conflicts:
1. Round handled door knobs should be used for all outside doors instead of lever handles in order to
minimize a bear's ability to gain entry.
2. Contractors are required by code to provide bear proof containers for all edible and food related trash.
There is significant noncompliance with this requirement (approx. 70% noncompliance) which leads
to habituation and conditioning of bears to human related foods. This results in increased human-bear
conflicts. It is critical that this be actively enforced
Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright.
Since `~i~,~
erry W'
Area ildlife Manager
Cc: R. Velarde, K. Wright, file
Q~j DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director
I VNLDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair. Dennis Buechler, Secretary
Members, Jeffrey Crawford • Dorothea Farris • Roy McAnally. John Singletary • Mario Smith • Robert Streeter
I ~ ~' I Ex Officio Members, Hams Sherman and John Stulp
Michael Kraemer
From: Ed Van Walraven
Sent: Wednesday, July 08, 2009 9:26 AM
To: Michael Kraemer
Subject: Mauntel.doc
Hi MIke, I am trying this again. Here is the referral for Mauntel. Let me know if it works. Also I will be sending
you the IKS referral shortle.
Thanks,
Ed
Memo
To: Mike Kraemer, Community Development Department
From: Ed Van Walraven, Fire Marshal
CC:
Date: July 8, 2009
Re: Mauntel, PID 2643-162-00-023; Case P043-09
Mike,
This project shall meet all of the codes and requirements of the Aspen Fire Protection District. This includes
but is not limited to Fire Department Access (International Fire Code 2003 Edition Section 503), Turning
around of fire apparatus (IFC Section 503.2.5), Due to location an approved fire sprinkler system shall be
provided in all structures regardless of size (IFC as amended Section 903), Water supply, a minimum of
20,000 gallons shall be provided (IFC Section 508), a detailed wildfire mitigation plans for both landscaping
and structural standpoints shall be submitted.
Confirmation of the nearest fire hydrant or adequate water supply shall be provided to mitigate the 20,000
gallon water supply requirement.
Please have the applicant contact the Fire Marshal's Office for specifications on the above requirements.
Thank you,
Ed
Woody Creek Caucus District Planning Commission
PO Box 297
Woody Creek, Colorado 81656
17 June 2009
Mike Kraemer
Community Development Department
130 South Galena Street
Aspen, CO 81611
Via mail and fax: 920-5439
Re: Mauntel activity envelope and special review for a caretaker dwelling unit with
vesting
The Woody Creek Caucus District Planning Commission has received and reviewed the
above application. We find that the application complies with the Pitkin County Land Use
Code and therefore recommend approval.
Sincerely, ~
'~ ~~ ~ ~ ,
Philip h1. H istein, )r.
Woody Creek Caucus Planning Commission
~~
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, GRAFTON SMITH ,being or representing an
Applicant to the Pitkin County Development Permit, personally certify that I have complied with the
public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in
the following manner:
1. By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at
least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject
property, as indicated on the attached list, on June 8, 2009 (which is 15 days prior to the deadline of
July 7, 2009). The names and addresses of the adjacent property owners shall be those on the
current tax records of Pitkin County as they appeared no more than 60 days prior to the public
comment.
2. By posting a sign in a conspicuous place on the subject property (as it could se from the nearest
public way) on the 22"d of June, 2009, which is at least fifteen (1 y the public comment
deadline. A photograph of the posted sign is attached hereto.
SUSAN MAUNTEL- by GRAFTON SMITH i ~~ `~
Applicant's name Signature
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Signed before me this day
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Michael Kraemer
From: Grafton Smith [graftonsmith@comcast.net]
Sent: Thursday, June 25, 2009 9:54 AM
To: Michael Kraemer
Subject: Mauntel Act Envel/Deck
Mike
Mauntel's small deck down near the river was constructed prior to the July 5, 2006 (it shows
on the 2001 1041 Site Plan) and therefore under Section 9 of the LUC regarding non-conforming
existing structures and uses should be allowed to continue in use and be maintained as
necessary.
Regarding whether it was "legally constructed", the deck does not represent any additional
FAR, its cost of construction was probably less than $500, it is not more than 30" off of the
ground, and does not have any attributes that would require an inspection (plumbing,
electrical, etc) so in all likelihood a building permit was not required at the time it was
built. I checked with the Tony at the Building Department and he determined that it would not
require a building permit even today.
Therefore the only requirement for its continued use was whether it was in place and/or use
prior to July 5, 2006 and the 2001 1041 Site Plan provides clear evidence to this effect.
Hope this helps.
Grafton
1
a~ 3
Michael Kraemer
From: Grafton Smith [graftonsmith@comcast.net]
Sent: Wednesday, July 15, 2009 12:54 PM
To: Michael Kraemer
Subject: Mauntel
Mike: I checked and yes ASE missed the 100 foot setback line. I think they measured parallel
to the property line (note northern line) instead of perpendicular to the high water line.
Hopefully it will be sufficient to remedy in the mylar. We can make the changes to the access
mtnc envelope at the same time.
Thanks.
Grafton
1
Z
Michael Kraemer
From: GRAFTON SMITH [graftonsmith@comcast.net]
Sent: Thursday, July 16, 2009 12:14 AM
To: Michael Kraemer
Subject: Mauntel Act Envel Approval
Mike: I have read the draft and have a couple of things for you to look at.
1. In the first paragraph of page one should the term "with vesting" be included with
Activity Envelope Review and Special Review fora Caretaker Dwelling Unit?
2. Page two paragraph 3b - the language "shall be reduced to 10'from the center line of the
walkway" is a bit confusing in its meaning - is that 10 feet each side of the centerline or
is it 5' each side of the centerline and if it is 5' I thought we had "negotiated" that to
7'. As I also mentioned on the phone the envelope can not be used for the purpose of widening
or realigning the walkway but just to repair or maintain it so the envelope's width should be
more of a matter of convenience in mtnc than anything else.
It does not represent an opportunity to further develop the walkway and and I would think
that having a reasonable area to work in would be appropriate.
And please keep in mind that a "5 foot on either side" determination only allows a space of
about three feet in which to work alongside the walkway.
3. Page 2 paragraph 9 -check out the double negative. "No further ...
shall not occur in the..."
Thanks.
Grafton
1
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00027695
Name: S L Mauntel Date:5/19/2009
Project Address: 334 TWINING FLATS RD
Type: check # 3770
Permit Number Fee Description
0043.2009.PLAN PP- Public Notice Fee
0043.2009.PLAN PP- EH&NR Referral Fee
0043.2009.PLAN PP- Housing Referral Fee
Amount
45.00
542.00
166.00
Total: 753.00
i c~Z
PITKIN C~JNTY COMMUNITY DEVEL~ENT
Permit Receipt
RECEIPT NUMBER 00027653
Name: S L Mauntel Date:5/8/2009
Project Address: 334 TWINING FLATS RD
Type: check # 3767
Permit Number Fee Description
0043.2009.PLAN PP- Flat Fee
0043.2009.PLAN PP- Clerk Tech Fee
0043.2009.PLAN PP- Public Notice Fee
Total:
Amount
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25.00
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