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Home My WebLink Aboutho.deter.04.2010DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE CR PROPERTIES LTD SPECIAL REVIEW AND GMQS EXEMPTION FOR TDR RECEIVER STTE AND STTE PLAN Determinafion No."7 -2010 RECITALS 1) CR Properties, Ltd. (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer") requesting special review approval and GMQS exemption to utilize a TDR to legalize 1,373.75 square feet of existing previously exempt floor area which was converted to full height habitable space. 2) The property is located at 2557 Lower River Road and is legally described as Lot 1 ofthe Murray Low Impact Subdivision. PID#2467-361-02-001. 3) The parcel contains 19.17± acres and is a conforming sized parcel in the AR-10 zone district. 4) Pursuant to Resolution No. 90-173, the BOCC ganted general submission and 1041 approval to the Murray Low Impact Subdivision. The BOCC then granted final plat approval pursuant to Resolution No. 91-74 (Book 27, Page 75). The BOCC approved a subdivision exemption for a Major Plat Amendment pursuant to Resolution No. 99-54 (Book 52, Page 49). The Community Development Director approved a Minor Amendment to a Development Permit (Admin. Dec. No. 46-2000 for a driveway realignment and alteration to landscape plans (Book 59, Page 53). In 2006, pursuant to Admin. Det. No. 33-2006 (Reception No. 525416) a request to enlazge an existing building envelope to retain a trail that was illegally constructed was denied. 5) The parcel is developed with a single family residence and accessory uses. The existing house received a Certificate of Occupancy on April 18, 2007. 6) The Hearing Officer considered this application at a duly noticed public hearing on June 15, 2010, at which time evidence and testimony were presented with respect to this application. 7) The Heazing Officer finds that the request complies with the applicable provisions of the Land Use Code ("Code"), as follows: A) The property has the ability to locate residential development in compliance with Site Plan Review. The Heazing Officer further finds that the Applicant has sited the proposed development to avoid additional visual impacts. B) The use of a TDR on the site is compatible with the character ofthe surrounding area, given that the additional floor area is within the existing footprint and is not visible from the surrounding properties or Lower River Road. RECEPTION#: 572530, 08!1112010 at 02:23:17 PM, ~ OF 4, R $0.00 Doc Code DETERMINATION Janice K. Vos Caudill, Pitkin County, CO Determination No. ~ -2010 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the CR Properties, Ltd., Special Review and GMQS Exemption for TDR Receiver Site and Site Plan, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1) The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2) Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12 & 2.1.1. The above referenced approvals shall be a condition precedent to finalization and recordation. The following changes shall be made on the Site Plan prior to submission for recordation: A) Indicate the area of the trail constructed without the proper permits and label it, "Restoration/Bevegetation Envelope Only". 3) The lot is exempt from Growth Management for up to 5,750 square feet of floor area. At building permit application to legalize the existing full height habitable space, the Applicant shall surrender a TDR Certificate and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop in excess of 5,750 and up to 12,234 square feet of floor area. 4) Prior to issuance of a building permit application to legalize the additional floor area the Applicant shall: A) Submit a drainage and erosion control plan for review and approval by the Planning Engineer If site disturbance exceeds one (1) acre, the Applicant shall obtain a Stormwater permit from the State of Colorado. B) Submit a construction management plan for review and approval by the Planning Engineer. C) Pay the applicable road and employee housing impact fees. 5) The re-vegetation of the trail is deemed sufficient to cure that violation on the pazcel. However, it shall be reviewed by the Community Development Deparhnent and the Land Manager for the success of the re-growth prior to the release of the bond. 6) Within 90 days, the Applicant shall submit and obtain the necessary building permits to legalize the now non-exempt floor azea. A Certificate of Occupancy shall be issued once the work is complete and dwelling meets both the Land Use and Building Codes. 7) Areas disturbed by construction shall be re-vegetated within one growing season of the project's completion. 8) No development shall occur outside of the approved activity envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. Determination No. "7 -2010 Page 3 9) Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelopes and install construction fencing around the construction site within the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy. 10) No structural development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 11) 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. Any structures represented in the application might not be permitted under building and zoning regulations. 12) The Applicant shall be requited to obtain additional land use approval for the use of any excess floor area remaining from the TDR after the legalization of the current additional floor area is completed. 13) 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, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on June 15, 2013. 14) 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. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 9'" day of May, 2010. APPROVED AND ADOPTED this 15th day of June, 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asnen Times Weekly on the~day of u~ V , 2010. Determination No. 7 -2010 Page 4 ATTEST: ~Q"iL,11.~11) l~Jt~52'Vt~lo Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: _____ ~_. _. _ ..... John,Ely~._~.-- .~.Eairn'ty Attorney COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY. COLORADO By James R. True, Hearing Officer Date i ~ APPROVED AS TO CONTENT: Cindy Houben, Community Development Director P027-10; PID#2467-361-02-10