HomeMy WebLinkAboutBOCC Packet 09082010 ObermeyerMEMORANDUM
TO: Board of County Commissioners
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THRU: Cindy Hou en, ommunrty Development Director
FROM: Mike Kraemer, Planner ri
RE:
Obermeyer Activity Envelope and Site Plan Review, and GMQS Exemption for Historic
Designation and Incentives
DATE: September 8, 2010
SUMMARY: The Applicant is requesting to designate a 2,035 square foot barn on the property as historic and, as
an incentive, obtain a 2,035 square foot GMQS floor area exemption.
APPLICANT: Walter Obermeyer
REPRESENTATIVE: Doug Rager
LOCATION: 490 Aspen Oaks Drive, Lot 5 of the BOCC approved Aspen Oaks Subdivision
ZONING/LOT SIZE/PID: AR-10/6.2 acres/2735-032-00-016
AERIAL PHOTOGRAPHY: The parcel is highlighted in orange:
Page 1 of 5
BACKGROUND/EXISTING CONDITIONS: The lot has not received any previous land use approvals.
The lot is currently developed with a 3,500 square foot single family residence that has received a number of
various building permits. There also exists a log cabin that is integrated into the main house and was built
sometime in the early1900's. A free standing garage resides on the property along with the barn that was built
about the same time as the old log cabin.
The proposal is to designate the barn historic and receive incentives. The barn is approximately 2,035 square feet
and, according to the Applicant, total floor area for the lot is approximately 6,060 square feet. Comments from
the Historic Preservation Officer (Attachment A) indicate that the barn is of historical significance and qualifies to
be listed on the Pitkin County Historic Register.
Below are pictures of the barn:
Page 2 of 5
Barn this is proposed to be designated
historic
REFERRAL AGENCIES: Referral agency comments were received from the Historic Preservation Officer and
the Aspen Oaks HOA.
STAFF COMMENTS:
DESIGNATION TO HISTORIC REGISTER (LUC Sec. 7-20-100):
The Applicant is proposing to designate the 2,035 square foot barn on the historic register and, as an incentive,
obtain a GQMS exemption for the barn. If this incentive is obtained, the Applicant has indicated that additional
floor area would be added to the interior of the second floor of the residence and a 150 square foot bathroom
addition on its north side.
Suzannah Reid has responded to the Code criteria for designation to the Historic Register in her referral letter.
She finds that the barn is eligible for designation.
The Code provides various incentives for properties designated to the Historic Register, to be granted at the
discretion of the BOCC. These incentives include the granting of TDR(s) and GMQS density bonuses. In this
case, the Applicant is only requesting to obtain a growth management floor area exemption for the barn.
Page 3 of 5
To be granted an optional incentive, the Applicant must demonstrate that:
1. The design of the project meets all applicable historic preservation design guidelines and is in
conformance with the Pitkin County Comprehensive Plan; and
2. The benefits provided are proportional to the significance of the historic resource; and
3. The historic building remains a key element of the property and the new development does not
compromise the visual integrity of the historic property; and
4. The new construction is reflective of the proportional patterns found in the historic building's form,
materials and openings, or the work removes later alterations and restores the historic building to its
appearance during its period of significance; and
5. The project is compatible with the character of the neighborhood in which it is located, and
6. Historic outbuildings, site and landscape features are retained and stabilized and restored, as
appropriate.
The barn is a separate structure and has not been considerably altered from its original form. New construction
will be mostly contained in the interior of the existing residence with a small bathroom addition on the north
side. Neither of these improvements would compromise the historic resource.
Staff finds that the Applicant has demonstrated compliance with the code criteria for eligibility for an incentive,
and that the incentive requested is proportional to the significance of the historic resource.
ACTIVITY ENVELOPE (7-10-50):
The Applicant has requested an activity envelope be established for the residence and its associated development.
Site Preparation and Grading: Land Use Code Sec. 7-10-20 addresses standards for preparing a site for
development.
Staff Response: Standards in this section have been shown to be adhered to. Staff conducted a site visit and, if
approved, no trees over 6" d.b.h. will be removed.
Steep and potentially unstable slopes: Land Use Code Sec. 7-20-20 addresses standards for development on
steep and potentially unstable slopes;
Staff Response: The proposed activity envelope does not contain slopes over 30%.
Water Courses and Drainage: Section 7-20-30 addresses standards for development in water resources.
Staff Response: No major drainage patterns are associated with this Lot.
Wildfire Hazard Areas: Section 7-20-60 addresses standards for development within a wildfire hazard area.
Staff Response: The Lot is mapped within a high wildfire hazard area and the Applicants have represented
compliance with this section of Code and reserve the ability to retain a County certified wildfire expert. Either
option is acceptable to Staff, however, the draft resolution will incorporate high wildfire standards found in the
Code.
Page 4 of 5
Wildlife Habitat Areas: Section 7-20-70 regulates and establishes standards for development in wildlife habitat
areas.
Staff Response: The Lot is not mapped within any big game ranges.
River and Stream Corridors and Wetlands: Section 7-20-80 regulates and establishes standards for
development near rivers, streams, and creeks.
Staff Response: The Lot contains no rivers, streams, or creeks.
SITE PLAN REVIEW
DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE:
The Applicant has proposed a site plan that illustrates all development within an activity envelope.
SCENIC REVIEW (SECTION 7-20-120):
The subject lot is not visible from any mapped scenic corridors and is therefore exempt from scenic review
pursuant to Section 7-20-120(c).
NON -CONFORMING STATUS: The Applicant has requested that the log cabin that was built in the early
1900's be acknowledged as a legal non -conforming structure. Due to zoning changes and previous subdivisions,
the cabin currently resides in the yard setback of the lot. Staff recognizes the cabin as being constructed prior to
zoning and is comfortable acknowledging the legality of this structure and it legal non -conforming status.
RECOMMENDATION: Staff recommends that the Board of County Commissions approve the Obermeyer
Activity Envelope and Site Plan Review, Designation to the Historic Register, and as an incentive for the
designation of a 2,035 square foot GMQS Floor Area Exemption.
ATTACHMENTS:
A. Historic Preservation Officer comments
Application provided separately
Page 5 of 5
RESOLUTION OF 1'HE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO DESIGNATING THE OBERMEYER BARN TO THE PITKIN COUNTY
HISTORIC REGISTER, GRANTING AN INCENTIVE FOR ITS DESIGNATION AND
GRANTING ACTIVITY ENVELOPE AND SITE PLAN APPROVAL
Resolution No. -2010
RECITALS
1. Walter Obermeyer ("Applicant") has applied to the Board of County Commissioners of Pitkin County,
Colorado ("BOCC") to designate a bam to the Historic Register, and as an incentive for the designation,
obtain a 2,035 square foot GMQS Floor Area Exemption. The purpose of this exemption would be to
add additional interior floor area to the main residence and construct a 150 square foot addition on the
north side of that residence.
2. The Lot is located at 490 Aspen Oaks Drive and is legally described as Lot 5 of the BOCC approved
Aspen Oaks Subdivision. The Lot is zoned AR-10 and contains approximately 6.2 acres.
3. No previous land use determinations apply to this Lot.
4. The $OCC considered this application at a duly noticed public hearing on September 8, 2010, at which
time evidence and testimony was presented with respect to the application.
5. The BOCC finds that as an incentive for the historic designation to the barn, it is appropriate to grant
a 2,035 square foot GMQS floor area exemption for the bam.
6. The BOCC further finds that due to zoning changes and previous subdivisions of the Lot, the old cabin
currently resides in the side yard setback. The BOCC recognizes the old cabin as being constructed prior
to zoning and acknowledges the cabin as a legal non -conforming structure.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby designate the
Obermeyer Barn to the Pitkin County Historic Register and approve the Activity Envelope and Site Plan
Review.
BE IT FURPHLR RESOLVED by the BOCC that it does hereby grant a 2,035 square feet of
floor area exempt from GQMS as an incentive for the historic designation, 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 application 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 future development permits for restoration work on the historic barn, the Applicant
shall, or within 60 days of this approval, the Applicant shall:
a. Record a covenant in a form acceptable to the County Attorney in which the Applicant agrees to
restore and maintain the barn in accordance with the Pitkin County Historic Preservation
Guidelines. This covenant shall also acknowledge the Historic Preservation Officer's review and
approval prior to commencement of any work on the barn.
Resolution No. -2010
Page 2
3. The barn shall continue to be maintained as it has been and in accordance with the Pitkin County
Preservation Handbook.
4. Any future alterations to the bam shall meet the requirements of the Pitkin County Preservation
Handbook and be reviewed by the HPO for approval.
5. The additions and alterations to the existing house and any future additions, alterations, or new
construction shall be reviewed by the HPO for approval.
6. Any new subdivision or construction on the site shall be reviewed for its impacts on the bam and its
setting by the HPO and in accordance with the Pitkin County Preservation Handbook.
7. 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. The above referenced approvals shall be a condition precedent to finalization and
recordation.
8. Total floor area for the Lot shall be limited to 7,785 square feet. The historic 2,035 square foot barn
is exempt from GMQS. The remaining 5,750 square feet of floor area may be used for residential
improvements.
9. 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 grade. 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.
10. At future building permit application submittal, the Applicant shall:
a. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
b. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre.
c. If necessary obtain a County access/driveway/turnaround permit acceptable to the Basalt and
Rural Fire Protection District and Planning Engineer.
d. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All
slopes steeper than 2:1 shall utilize erosion control blankets and all trees 6" d.b.h. or greater shall be
mitigated for.
e. Submit a construction management plan for review and approval by the Planning Engineer
showing the locations of staging, material storage and employee and construction traffic parking.
f. Pay the applicable road and employee housing impact fees.
g. Apply for an OWTS permit.
11. The Lot is mapped within a high wildfire area. All future development shall comply with the
following conditions. Development is allowed in wildfire hazard areas subject to conformance with
the following development standard.
Resolution No. -2010
Page 3
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):
1. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -
foot (10') perimeter around all structures.
2. 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, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
3. 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.
4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
5. 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.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen (15) feet of chimneys shall be removed.
7. 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.
8. All deadfall up to a one hundred (100) foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten (10) feet of a residence.
10. No flammable mulches shall be placed within two (2) feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Water Supply for Fire Safety
1. The Applicant shall install three (3) 40,000 gallon fire suppression water tanks in a
location within the Activity Envelope and acceptable to the Snowmass Wildcat Fire
Protection District.
2. Sprinklering structures shall be in accordance with adopted County Ordinances and the
Snowmass Wildcat Fire Protection District.
C. Roofing Materials, Roofing Vents and Projections At and Below Roof Line. Unless the wildfire
expert has recommended a different method of construction, roofs and projections at or below
roof line in Low, Medium and Severe Wildfire Hazard Areas shall be constructed according to
the following specifications:
1. Medium Hazard Area
Resolution No. -2010
Page 4
a. Roofing:
i. Class A covering or Class A Assembly as defined by the currently
adopted Building Code.
ii. No wood shakes or shingles.
b. Roof venting:
i. Soffit venting shall be located in the 1/3`s portion of the overhang.
ii. Attic, soffit, and other roof venting shall be of non -corrosive metal mesh
with maximum 'A" openings
c. Projections at the roofline, including Soffits, Rafters, Porch or Dck Roofs,
Fascias, or other:
i. Sheath with non-combustible materials, or
ii. Combustible materials underlain with 5/8" Type X gypboard or
equal, or
iii. Minimum4x6 rafters with 2x T&G decking.
d. Decks, Decking, Cantilevered Floors, or Other Projections below the Roofline:
i. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x
railings, or equivalent log construction
2. Severe Hazard Area
All requirements for Medium Wildfire Hazard Areas apply with the following
modifications:
a. Roofing Materials:
i. Class A covering or Class A Assembly as defined by the currently
adopted building code.
No wood shakes or shingles.
b. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias,
or Other:
i. One (1) hour rated material or any material underlain by 5/8" Type X
gypboard or equal, or
ii. "Type IV" Heavy Timber materials, per the currently adopted building
code.
c. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline:
i. Construction with noncombustible or one (1) hour rated material, or
material with flame spread <25 (tested to ASTM E84 and listed for
exterior use), or
ii. Conventionally framed deck with waterproof surface and underside
protected with 5/8" Type X gypboard or equal (decking as "a" above),
or
iii. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10",
columns minimum 8"x8", decking minimum 4" in depth, or decking as
"a" above; or equivalent log construction, or
Resolution No. -2010
Page 5
iv. Enclose projection vertically to ground with one hour fire resistive
materials. Decking as "a" above.
d. Railings
i. Railings must be constructed of noncombustible or "Type IV" Heavy
Timber materials.
e. Exterior of the Structure, Including All Walls
i. One (1) hour fire resistive rated materials, or
ii. 5/8" gypboard underlying combustible materials, or
iii. Cement stucco, minimum %" thickness.
iv. All glazing to be tempered glazing; and
v. Doors to be metal or wood 1 %" thick minimum.
f Foundations
i. Foundations, skirting, and crawl space openings shall be fully enclosed
and constructed with materials approved for one (1) hour fire -resistive
construction on the exterior side of the walls and shall extend from the
top of grade to the underside of the floor decking or walls.
D. All Hazard Areas: Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe
Wildfire Hazard Areas unless they comply with the following:
1. All roof coverings shall be constructed of non-combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
2. Protrusions above the roofline, such as parapets, shall be prohibited.
3. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
Resolution No. -2010
Page 6
E. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire
Marshall prior to submittal of a building permit application. Maintenance and Miscellaneous
Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
('/.) inch maximum.
3. Yards shall be kept clear of all litter, slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six (6) inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet
away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire -resistive construction on the
exterior side of the walls.
12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
13. 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.
12. The Applicant shall comply with the following general conditions regarding wildlife:
A. Manipulation of vegetation outside of the Activity Envelope is prohibited.
B. Mesh or woven wire fences are prohibited outside the Activity Envelope except hay
storage.
C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type,
shall not exceed fifty-four (54) inches in height above ground level, and twelve (12)
inches in width (top view), and shall have at Least eighteen (18) inches between the
lower two (2) rails.
D. Wire fencing must be three (3) strands or less. The top wire should be a twelve -point -
five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches.
The middle strands (which may be barbed) should be located a minimum twelve (12)
inches apart and from the top wire preventing entanglement when mule deer jump
over. The bottom strand should be sixteen (16) inches from the ground.
E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate
of two (2) to five (5) per acre whenever possible as nesting and perching habitat.
F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This
does not include pre-existing native trees and shrubs.
G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying, or otherwise managing wildlife.
H. Trash/garbage shall be kept in an approved bear resistant container or enclosure.
These containers shall be accessible to and use at all times by contractors on site.
I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and be at least ten (10) feet from the ground suspended between two (2)
Resolution No. -2010
Page 7
trees or posts. All seed feeders shall include a seed catchment pan to catch discarded
seed. -'
J. Pet food shall not be left outside.
K. The area next to the River shall not be manicured in any way and left to revegetate to
its former riparian state.
L. All outside door shall utilized solid round handled door knobs.
13. 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. No structures
shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an
Earthmoving Permit for any work outside the approved envelope.
14. Prior to commencement of any earhmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site. The
fencing shall remain in place until issuance of a Certificate of Occupancy.
15. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one
growing season of the project's completion.
16. The Applicant has been informed by Pitkin County of the existence of environmental hazard
areas that might affect the property, any improvements, and the use and occupancy thereof.
The provisions of the Pitkin County regulations do not in any way assure or imply that areas
outside of designated hazard areas will be free from hazards, or that approved mitigation
measures will guarantee the safety of any property.
17. 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
September , 2013.
18. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
NOTICE OF PUBLIC HEARING PUBLISHED IN 1'Hh ASPEN TIMES WEEKLY on the 8`s day of
August, 2010.
APPROVED AND ADOPTED on the 8th day of September, 2010.
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKJN COUNTY, COLORADO
By
George Newman, Chair Jeanette Jones, Clerk to the BOCC
Resolution No. -2010
Page 8
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben
Community Development Director
P049-10
PM #2735-032-00-016
John Ely
County Attorney
,±77 (g-AA--
MEMORANDUM
To: Mike Kraemer, Planner
Pitkin County Community Development Department
From: Suzannah Reid
Pitkin County Historic Preservation Officer
Re: 490 Aspen Oak Drive, Lot 5 Aspen Oaks Subdivision
GMQS Exemption for Historic Designation and Incentives including Activity
Envelope and Site Plan
PID # 2735-032-00-016
Date: 8/31/10
Lot 5 of the Aspen Oaks Subdivision contains a single family residential building, a
garage and a large barn. The parcel was once part of the Stapleton Ranch and the barn
remains from that era. A log building on the site was most likely an early ranch building
estimated at 1900. This building has been completely enveloped by new construction and
integrated into the existing residence. The barn however, remains in near original
condition. It is thought to have been built at the time of the main ranch house (now on a
separate parcel) in 1912. The site no longer maintains its ranching context, however the
barn and house do have a traditional site plan relationship.
The Stapleton Ranch and the Stapleton family have a long and documented history in the
valley. The location of this barn in the Upper Roaring Fork Valley makes it one of a
handful of substantial historic agricultural buildings remaining in the area.
The applicant proposes to designate the barn to the Pitkin County Register in order to
take advantage of the benefits available to Historic Register buildings in the County. In
this case the applicant is asking to exempt the floor area of the barn in order to allow the
construction of additional floor area at the residence. With the exemption, the resulting
house addition would not require the demolition of the barn.
To be included on the Register the property must be found to demonstrate a higher level
of significance. That significance can be demonstrated by use of the following criteria:
1. Importance of the historic theme to which the resource is related to the
County's history.
Ranching is the single most important theme of the Roaring Fork Valley.
This barn is a remnant from the early days of this type of settlement in the area.
2. The number of other historic properties that this resource represents and how it
is exemplary.
During the ranching era, single ranches occupied Large tracts of land and
the barns that remain today fairly accurately represent the pattern of early ranch
development in the upper valley. Other barns of this age and size (and larger) are
located in the area including McClain Flats, Owl Creek, Woody Creek and lower
Woody Creek. Over the years several of these barns have been stabilized or
otherwise preserved. This barn represents a successful ranching operation in this
area of the valley and its preservation will contribute to the overall understanding
of ranching development in the valley.
3. The resource's level of integrity of location, setting, design, materials,
workmanship, feeling and association.
Several ranch sites remain in the mid valley, fewer in the upper valley.
The character of this area has changed due to the transition from ranching to
residential development. This site is located at the end of a residential street and
the barn does sit in a landscape that is similar to the character of the original ranch
landscape. The barn does not continue to house animals, farm machinery or crops
but it is still used in an accessory manner and has not been, converted to other
uses. The barn is in its original location and retains a high level of integrity in
terms of setting, feeling and association.
The building itself retains its original form and the window and door
openings are minimal and in keeping with the original character of a barn building
of this type. The interior structure has been repaired and augmented in an
appropriate manner and the exterior has had some material repair and
replacement. All these alterations were done in a manner that is consistent with
the Pitkin County Preservation Handbook.
The barn retains a significant amount of integrity.
4. The qualities of singularity such as rarity, uniqueness, and age.
The barn was built during a period that saw the development of several
successful ranches in the area. The barn's size, configuration and location in an
area of new residential development make it an important remnant of an earlier
ranching context. Though there are a handful of other barns, each has its own
form, size and connection to the landscape. This barn contributes a singular
element to the larger group in terms of its age, form, location and its integrity.
5. Visual prominence.
The site is located in a remote area of the West Buttermilk area. It is not
readily visible from the public way.
6. Role in community events and celebrations.
n/a
7. If the work of a notable architect, builder or craftsman, how this property
compares with the body of work produced by the individual or firm.
n/a
8. If associated with a notable individual, how the property illustrates their
contribution to the county, state or nation.
This property is associated with the Stapleton family who ranched this
area from the 1900s well into the 20th century. Members of the family remain in
the valley. The settlement and long term residence in the valley represents the
important ranching trend as well as the transition to skiing and tourism.
The barn has the qualities of significance and integrity that meet the criteria for
designation to the Register. The benefit that is being requested is appropriate for the
level of significance and integrity of the building.
Several conditions are recommended as part of this approval:
1. The barn should continue to be maintained as it has been and in accordance with
the Pitkin County Preservation Handbook.
2. Any future alterations to the barn should meet the requirements of the Pitkin
County Preservation Handbook and be reviewed by the HPO for approval.
3. The additions and alterations to the existing house and any future additions,
alterations, or new construction should be reviewed by the HPO for approval.
4. Any new subdivision or construction on the site should be reviewed for its
impacts on the barn and its setting by the HPO and in accordance with the Pitkin
County Preservation Handbook.
Doug Rager, Architect P.C.
1780 Snowmass Creek Road
Snowmass, CO 81654
970-927-1780, Doug@DougRagerArchitect.com
May 28, 2010
Pitkin County Community Development Department
attn: Michael Kraemer, 920-5482, michael@co.pitkin.us
Location: 490 Aspen Oak Drive, Lot 5 Aspen Oaks Subdivision
PID#: 2735-032-00-016
Size: 5 acres
Zoning: AR-l0 (within UGB)
Owner: Wally Obermeyer
Representative: Doug Rager
Planner: Michael Kraemer
Application for:
GMQS Exemption for Historic Designation & Incentives including Activity Envelope & Site Plan
Letter of Request:
Please see attached photos of the Historic Barn. The barn is original to the Stapleton Ranch & built by
rancher William Stapleton who arrived in Pitkin County in 1881. The existing house on the parcel also
incorporates an early log Cabin. The Pitkin County assessor lists the actual year built as 1900. The
later Stapleton house, (not on Lot 5), was built in 1912 & the barn was probably built around that same
time. It is a classically beautiful barn which has fortunately been spared major alteration of it's original
appearance. The barn is an important historic resource which should easily qualify for Historic
Designation. The log Cabin has been significantly altered, is in poor condition, & requires structural
work. We do not seek Historic Designation for the log Cabin.
Because William Stapleton had his choice of any location for the Barn and the existing house, they are
very well sited in the most prime & level area of the Aspen Oaks valley. The barn & house are
appropriately scaled and are handsome together. The loop drive works well and adds greatly to the
quality of the overall site composition. At five acres, the site has plenty of room to absorb the limited
impact of a modest increase in allowable floor area.
The Historic Barn nearly qualifies for an agricultural exemption from floor area and height restrictions
because it was legally constructed (a very long time) prior to May 12, 2004 per Sec.6-30-140.d.
Barns legally constructed prior to May 12, 2004 shall be exempt from the calculation of floor area and
the height restrictions specified in Table 5-1, and may be replaced or reconstructed with a barn limited to
the size and height of the original barn. However, if the bam is converted to residential use or replaced
with other than a barn, then it shall be considered floor area and is subject to GMQS.
The definition of "Residential use" apparently disqualifies the agricultural exemption although the barn
houses equipment required to maintain the fields, lawns, gardens & drive of the rural property year
round.
The floor area of the Historic Barn is approximately 2035 square feet. The floor area of the existing
home is approximately 3500 square feet and existing two car Garage is approximately 525 square feet.
The total floor area of all structures is approximately 6060 square feet or 310 square feet more than the
present code allowable maximum floor area of 5750 square fret. The Owner wishes to remodel the
existing home adding a small increase in floor area. The Owner does not wish to tear down the Historic
Barn for the purpose of adding floor area to the home and therefore seeks a GMQS Exemption of
Historic Barn floor area as an incentive and benefit for the designation of the Barn to the Historic
Register.
Although the floor area proposed to be added to the house is less than a total of 5750 square feet (for
both the house + Garage), the clean & simple resolution is to completely exempt the Historic Barn
floor area. Exempting the barn floor area ensures that the time & expense of this exemption process
plus the ongoing responsibility of a historic designation is worthwhile. Standard procedure described
in the Pitkin County Land Use code considers complete exemption of historic structure floor area
incentive, not partial exemption. Nevertheless, full build out of the house and Garage could potentially
add approximately 1725 square feet or 310 square feet less than the Historic Barn total floor area of
2035 square feet.
Most of the additional floor area now proposed for the existing house is to be located within the
existing 1 / story structure by simply installing new second floor system within the existing open
cathedral ceiling rooms. There will be no impact or increase to the mass of the existing house for this
added floor area.
A small one story bathroom addition of around 150 square feet is contemplated on the North side of the
West end of the existing house. This small proposed bathroom addition would not be visible from
nearly all surrounding properties.
The barn or " historic resource" at 490 Aspen Oak Drive is exactly the type the type of structure that
the Historic Register and incentive program were designed to accommodate. The additional floor area
requested as an incentive for a historic designation of the existing early Stapleton Ranch Barn is
"quality and quantity of growth that preserves and is compatible with the existing character of the rural
area".
Sec. 2-30-30.h.9, Designation to Historic Register
(a) Applicant seeks designation for the Historic Barn structure to the Pitkin County Historic
Register.
(b) Criteria for Designation to the Historic Register is in compliance with those standards set
forth in the Pitkin County Register & 7-20-100.b.2
Sec. 7-20-100.b.2 Determination as to eligibility: The barn has been inspected by Pitkin County
Historic Preservation Officer Suzannah Reid. After her tour of the barn, Su72nnah verbally
indicated that she believes the barn does qualify for designation to the Historic Register.
The barn meets nearly all of the Criteria for Designation listed in the Pitkin County Preservation
Handbook including:
1. Importance to the historic ranching theme of the county's history.
2. It is an exemplary example and one of only a few remaining historic ranch barns.
3. The barn definitely has "integrity of location, setting, design, materials, workmanship,
feeling, & association".
4. The barn has "qualities of singularity", both rarity and uniqueness.
5. As a rural agricultural building the barn probably had a limited "role in community
events and celebrations".
6. As far as we know the barn is not "the work of a notable architect/builder/craftsman".
7. The barn is associated with notable person William Stapleton and illustrates his
contribution to early ranching activities in Pitkin County.
Sec. 7-20-100.(f) Benefits
(1) Applicability
(b) Benefits described below.
(2) Base Incentives
(a) Alternative Building Code Compliance: The structure is an unheated historic barn.
The IEBC may be utilized to provide alternative approaches to the requirements of the
International Building Code. No work is planned for the barn at this time but this
incentive may be utilized at some time in the future.
(b) Variances
The Board ofAdiustment may approve variances as permitted pursuant to 2-40-110.
The Historic Barn should not require a variance however the log Cabin is
encroaching into the side yard setback. The remodel work planned for the house
includes a much needed restoration of the log Cabin. The sideyard encroachment will
require a variance but note that the Cabin was built at least 72 years before zoning was
adopted.
(c Priority for Participation in County Programs
Not likely that this Base Incentive will be utilized.
(3) Optional Incentives
(a) Expedited Review: Intention is for the submission of a complete application
therefore this Optional Incentive is not utilized.
(b) Transfer of Development Rights is not utilized.
(c Extended Vesting Period is not requested.
(d) Exemptions, granted by the BOCC on a discretionary basis.
1. Growth Management Quota System exemptions available pursuant to
Sec. 6-30 and/or development may be fully or partially exempt from the Growth
Management Quota System\
We request full floor area exemption for the Historic Barn structure.
Sec. 6-30-10 (a) provides for the "discretionary exemption from Growth
Management".
The Historic Barn appears as a perfect fit to the goals of Sec. 6-30-10 (b) which
states "Exemptions are provided to promote the Development Type, Character,
Location, Quality goal of the County, to continue an Historical Practice, & to
ensure Fairness in the system."
Sec. 6-30-60 Exemptions for Preservation of Historic Structures
(a) Historic Structure Exemption
"The retention of the historic structure is exempt from GMQS & the minimum lot area per
dwelling unit requirement of the underlying zone district."
(b) Listing of Historical Structure
Historic Barn "must be designated to Pitkin County Historic Register as provided in
Sec. 7-20-100 to be eligible for this exemption."
(g) Calculation of Floor Area for Historic Structures
(1) "located in a zone district that does not have a Floor Area Ratio, the floor area of
the Historic Structure shall be exempt from the calculation of floor area for the
lot or parcel."
Sec. 7-10-50 Activity Envelope
The proposed Activity Envelope is illustrated on the Site Plan. Note that there is no request for
expansion of the 100 plus years of activity footprint on this site. Only a 150-200 square foot
expansion of the house footprint is planned at this time.
Sec. 7-20-10 Site Preparation & Grading
This code section is not applicable as there are no plans for (a) Grading & Fill Placement, (b)
Clearing, Grubbing, & Vegetation Removal, or (c Tree Removal.
No, (d) Protection of Natural Terrain is required.
Only basic house remodel work is planned.
Sec. 7-20-20 Steep & Potentially Unstable Slopes
The proposed Activity Envelope is essentially flat.
Sec. 7-20-60 Wildfire Hazard -Mapped High Wildfire Area
No construction work or modification of any kind is planned for the Historic Barn & it is
surrounded by defensible space. The requirements of this section will again be addressed in the
remodel plane for the home when submitted for building permit. It is probable a Wildfire
Expert will be retained to make specific recommendation for this site upon the building permit
submission for the house. Additionally, there is a pressurized fire hydrant near & the drive has
adequate fire truck turn around space.
Sec. 7-20-130 Landscaping and Vegetation Protection
No construction work or modification of any kind is planned for the Historic Barn. The
proposed remodel of the house will have only very minor impact on the existing landscaping &
vegetation.
To apply, submit 6 copies (2 unbound) of the following information, unless noted otherwise:
1. Letter of request, addressing (in detail) each of the provisions of the Pith County Land Use Code identified above and
sufficient to demonstrate that all substantive review criteria have been met;
2 . Site Plan in accordance with Section 2.1.12 of the Land Use Application Manual showing location of the historic
structure and any other existing structures or improvements on the property.
3. Site context map showing subject and adjacent properties, and structures and uses on those properties.
4. Inventory of existing structures and square footages
5 . Historic Designation Standards report as designated in Section 2.2.2 of the Pitkin County Land Use Application
Manual and Historic Preservation Standards Report as designated in Section 2.2.21 of the Pitkin County Land Use
Application Manual
6 . Consent from the owner of the property for the representative to process the application and represent the owner (if
applicable; 1 copy);
7. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or
attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees,
judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's
right to use the land for the purposes identified in the development application.
8. Street address (if any) and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the subject
property within Pitkin County;
9. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (1 copy) (form
attached);
10. List of adjacent property owners and mineral estate owners (1 copy); and
11. This Pre -Application Conference Summary Sheet.
NOTES:
i PLEASE SUBMIT T WO UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED
COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE).
ALL MAPS SHALL BE FOLDED.
> This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is
based on current zoning standards and stafJ's interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application.
The Pitkin County Land Use Code and Application Manual is available on-line at
htw: 'www.aspenvitkitzcontadept_si 'planninz.cfin
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Property Address 490 Aspen Oar Drive
Cily Aspen County Preen
Bomr+er Obenneyer, Weser
lenderlClient Alpine Balk
Appraiser Name Aspen Real Estee Appraisers Appr Adbess P O. Box 7639 Aspen, CO 81612
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Page 1 of 3
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LOT 19, SECTION 3, TOWNSHIP 10 SOUTH, RANGE 85 WEST 07 THE ware PRINCIPAL
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THENCE FOLLOWING THE NORTH LIME OF SAID SOUTHWEST QUARTER OP THE NORTHWEST
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SAID SOUTHWEST QUARTER OF THE DOATHWEST QUARTER
THENCE SOUTH 45 DEGREES 03'47' EAST 214.00 FEET;
THENCE SOUTH 46 DEGREES 29'17' WEST 680.47 FEES;
THENCE NORTH 12 DECREES 42'41' WEST 331.76 FEET;
TWICE NORTH 08 DEGREES 03'02' WEST 297.95 FEET TO 9E POINT OF DEGIEtIING.
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