HomeMy WebLinkAboutbocc.res.021.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION
TO ROBIN MOLNY
Resolution No. 99-a/
RECITALS
1. Robin Molny ("Applicant") has applied to the Pitkin County Board of County Commissioners
("BOCC") for 1041 Hazard Review and Conceptual Submission approval to establish a building
envelope for the construction of a single-family residence.
2. The property is referred to as Lot 6 of Section 36. The property is more specifically described as
a parcel of land situated in Section 36, Township 8 South, Range 87 West of the 6th P.M.
3. The Planning and Zoning Commission ("Commission") at a regular meeting on December 22,
1998 reviewed this application, and a unanimous recommendation of approval was forwarded to
the BOCC.
4. The BOCC heard this application at its regularly scheduled meeting of February 10, 1999, at
which time evidence and testimony were presented with respect to this application.
5. The BOCC finds that this application proposes development in the best possible location, given
the hazards identified on the property.
6. The property is located in one of the most biologically diverse habitats in Pitkin County which is
critical for songbirds, bear, deer, and elk.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby grant approval to
the Molny 1041 Hazard Review and Conceptual Submission subject to the following conditions:
1. The Applicant shall adhere to all material representations made in the application and public
meetings.
2. Prior to building permit application, the Applicant shall record a 24 x 36 inch mylar 1041 Hazard
Review Site Plan. The site plan shall also be submitted in a digital format for integration into the
County Geographic Information System (GIS). The face of the plat shall include the following:
A. The signature block for the Hearing Officer shall be deleted and a signature block for the
Board of County Commissioners shall be included.
B. The topography on the site plan should be in 2' contours, not 25'.
C. The access envelope shall be extended to the S 74°01'53" W 303.22 property line for future
road improvements (Exhibit A).
D. It should be noted on the plat that due to the remoteness of the site, emergency response
times will be affected.
E. The following disclaimer shall be placed on the Site Plan:
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"1041 environmental hazard areas exist that might affect the property, any
improvements, and the use and occupancy thereof. "
3. The Applicant shall implement the following measures to mitigate impacts to wildlife:
A. Dogs shall be prohibited.
B. Livestock shall be prohibited.
C. Fencing shall be prohibited outside of the building envelope.
D. All garbage must be kept indoors or in bear -proof containers.
E. Domestic cats shall be kept indoors.
4. Wildfire mitigation shall be as follows:
Defensible Space:
A. The house should be situated at least 50 feet from the top of the ridge to reduce the effect of
rollover flames.
B. The area around the structure 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 10 foot
perimeter around all structures. Vegetation in this area shall be at 6" or less (i.e. mowed
grass, low -growing perennials). No vegetation taller than 6" shall be planted in this area.
2. 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.
3. Spacing and thinning of existing vegetation within 40 feet in every direction around all
structures shall be a minimum of two times the height of the fuel. Maximum diameter of the
clumps shall be two times 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 30 foot perimeter shall be pruned to a height of
10 feet above the ground and removal of ladder fuels from around trees and brush.
5. Tree crown separation within the 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 compiled with. In areas of
aspen regeneration, the spacing guidelines shall be followed.
6. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
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Resolution No. 99- Al
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7. The density of fuel within a 100 foot perimeter of the structures shall be reduced where
natural reduction has not already occurred,
8. All deadfall within the 100 foot perimeter shall be removed.
9. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
Structural Design and Construction Requirements:
A. Roof construction shall be Class A, non-combustible (no wood shake/shingles) material
with no flat roofs.
B. All vents shall be screened with corrosive resistant wire mesh of one quarter inch
maximum.
C. Projections (Heat Traps):
1. Projections at the roof line (which include but are not limited to eaves, cornices,
soffits and roofs over open decks) shall be sheathed with materials approved for
1 hour fire -resistive construction.
2. For projections below the roof line (which include but are not limited to exterior
balconies, decks, porches, cantilevered floor projections, and bay windows) the
open space between grade and the underside of projections below the roof line
shall be enclosed by solid, vertical walls. These walls shall be constructed with
materials approved for 1 hour fire -resistive construction on the exterior side of
the wall and shall extend from the top of grade to the underside of the floor
decking or walls of the projection.
An alternative construction method for such projections would require use of
totally non-combustible building materials. Areas below such projections shall
be void of vegetative or other combustible materials. These areas below
projections shall be protected from accumulation of vegetative materials by
placement of a vegetative barrier covered with rocks or gravel or by coverage
with concrete or stone. There shall be no storage of combustible materials under
projections. The walls underneath projections shall be constructed with materials
approved for 1 hour fire -resistive construction on the exterior side of the wall.
Window openings in walls below projections shall be tempered glass. Doors
shall be non-combustible or 1 3/4" solid wood.
When the projection is located and constructed so that the structure or any
portion thereof projects over a descending slope surface, the area below the
structure shall have all underfloor areas enclosed to the ground, with exterior
walls constructed with materials approved for one hour fire -resistive construction
on the exterior side of the wall.
D. Windows and Glass: Glazed openings shall be provided with close -able, solid, exterior
non-flammable shutters or shall be tempered glass.
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Resolution No. 99- c2
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E. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum 1
hour fire -resistive rating ground level to roof line. Exterior doors shall be non-
combustible or 1 3/4" solid wood.
F. Foundations: Foundations, skirting and crawl space openings shall be fully enclosed and
constructed with materials approved for 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.
G. Stilt Construction: The underside of decks and structures with stilt foundations shall be
fully enclosed and constructed with materials approved for 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.
Maintenance:
A. Roofs and gutters shall be kept clear of debris.
B. Yards shall be kept clear of all litter, slash, and flammable debris.
C. All flammable materials (i.e. firewood) shall be prohibited.
D. Weeds and grasses within the 10' perimeter shall be maintained to a height no more than 6
inches.
Miscellaneous:
A. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above-
ground tank. Any wood enclosures around the tank shall be constructed with materials
approved for 2 hour fire -resistive construction on the exterior side of the walls.
B. Fences shall be kept clear of brush and debris.
C. Wood fences shall not be connected to the structure.
D. Fuel tanks shall be installed underground with an approved container.
E. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher.
F. Addresses shall be clearly marked and visible with minimum 2" non-combustible letters
and shall be visible and installed on a non-combustible post.
G. Any outbuildings or additional buildings shall adhere to the same standards as structures.
H. A residential sprinkler system shall be installed which meets the standards of the Basalt and
Rural Fire Protection District.
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Resolution No. 99- 2
Page 5
Access:
A. Prior to the issuance of any building permits, access roads shall be built to County
Standards.
Utilities:
A. Utility lines shall be buried.
5. No development, including grading, landscaping (including berming), vegetation removal or
disturbance, shall occur outside of the approved building envelope, except for utility and
driveway extension and maintenance, and as may be necessary to implement the wildfire
mitigation measures required elsewhere in this document.
6. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit
water consumption and additional runoff within one growing season of the projects completion.
7. A fireplace/woodstove application must be filed and approved by the Environmental Health
Department prior to the issuance of a building permit (if necessary).
8. Prior to the submittal of a building permit, the Applicant shall obtain a septic permit from the
Environmental Health Department. All sewage disposal systems must be designed by a registered
professional engineer. Sewage disposal system shall be located within the approved building
envelope.
9. Prior to the submittal of a building permit, the Applicant shall provide documentation of an
adequate domestic water supply on the property. Quantity and quality of said supply shall meet
the approval of the Environmental Health Department. The well site shall be located within the
approved building envelope.
10. Board of Adjustment approval is required for development within setback areas.
11. The Applicant shall comply with the residential codes and requirements of the Basalt and Rural Fire
Protection District. A 2,500 gallon water tank shall be installed along the access road to the
building. The water tank needs to be a frost proof design with a fire department approved
connection. The tank shall be located within the approved building envelope.
12. The Applicant shall obtain an access permit from the County Engineer, prior to the submittal of a
building permit. Access road(s) shall be built to County Standards and an access improvement plan
must be approved by the County Engineer prior to the submittal for building permit. Road
upgrading standards addressed in Jay Hammond's letter dated December 10, 1998 (Exhibit B) shall
be adhered to. The Fire Chief of the Basalt & Rural Fire Protection District shall review and
approve improvements to the existing ranch road. The required access improvements must be
complete prior to the issuance of a Certificate of Occupancy for the new residence.
13. Pullouts shall be located at a minimum of 750 foot intervals along the access road (Section 36 Road)
to accommodate two-way traffic. Some flexibifty in the location of the pullouts will be allowed to
promote the assimilation with the existing topog aphy and vegetation.
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Resolution No, 99- 2 I
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14. The Applicant shall consult the County Engineer and the Basalt & Rural Fire Protection District on
the design and construction of a turn -around area on Section 36 Road for emergency vehicles.
15. Pitkin County shall not be responsible for maintenance of the access road to the subject property.
16. The Applicant shall join a Road Improvement District should one be foamed by the homeowners for
any future necessary improvements to the road.
17. For any free market residential structure of 5,000 gross square feet or greater, the Applicant shall
comply with Section 4.01.01(B) of the Pitkin County Road Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residential trip generation studies.
The Applicant shall comply with this provision as it is in effect at the time of building permit
issuance to the satisfaction of the County Engineer.
18. The vested rights for the approval contained herein shall expire on February 10, 2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 9TH DAY OF
JANUARY 1999.
APPROVED AND ADOPTED ON THE 10TH DAY OF FEBRUARY 1999,
VESTED RIGHTS NOTICE PUBLISHED ON THE �p DAY OF 1rypJg4 , 1999.
ATTEST:
, /yvace- .2 .7304-7 0
Deputy Clerk and Recorder
BOARD OF COUNTY COMMISSIONERS
0 ITKIN COUNTY, LORADO
eslie J. Lam‘i
Chair
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John
C:. Attorney
Case #108-98
PID #2465-363-00-009
camlrev62/16/99
Cin y Houben,
Community Development Director
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EXHIBIT A
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Dec- 15-98 34:18P yusern
(970) 925-6727
FAX (970) 925-4157
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EXHIBIT B
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Sumn roM1S
December 10. 1998
Mr. Glenn Horn
DAVIS HORN, INC.
215 South Monarch St, *104
Aspen, CC 31611
RE: Maine Property 1041 Aoolicaticn, .Access Improvements
Dear Glenn:
I am writing in follow-up to our site visit to the Robin Molny property last Thursday, December
3rd, with Piikin County Engineer Bud Eyler. The Molny property is the subject of a 1041
Environmental Hazard Review application to establish a building envelope on the parcel in
Section 36 near East Soprls Creek in Pitkin County, Colorado. Since Robin's passing at the end
of 1997, his widow, Audrey Settler, is proceeding with the 1041 application for the Section 36
property.
The purpose at this letter is to recap our site visit to review the condition of the access drive and
provide some comments regarding design and construction requirements with respect to
driveway access for the higher of two potential development sites on the properly. I should note
that I have structured my comments to relate to a stationing of the access road within the Section
based on a map of Section 36, Township 8 South, Range 87 West of the 6th Prime Meridian by
Tri-Co Management dated April 19, 1974. 1 should note that Mr. Moiny's property comprises a
metes and bounds description within Section 36 from a legal description standpoint The Tri-Co
map has labelled the individual parcels with lot number designations and Robin's lot is shown
as number 8. I also refer to other parcels within the section based on the numbering established
on the Tri-Co map and would simply note that the lot numbers do not represent legal
descriptions since the section was not platted on this basis.
Roadway Access
Current access to the Molny property comprises an existing ranch road from Norbert Anthes'
home on Lot 2 of Section 36 to tha property. The existing road platform is generalty 8 to 10 feet
wide and is approximately 4,400 feet (0.83 miles) in length from the end of existing improvements
within Lot 2 to the proposed building site on the lower portion of Lot 6 (station 67+00). Access
to the upper site (station 118+00) adds an additional 5,100 feet (0.97 miles) of driveway distance
fora total of 1.80 miles from the end of the improvements in the vicinity of Lot 2 (station 23+00).
The roadway into Section 36 has been improved with grading work and a roadbase surface
entering Section 36 up to Mr. Anthes' site on Lot 2, a distance of approximately 2,300 feet (0.44
miles) within the Section. The road within Section 36 up to Lot 2 has been Improved and
graveled in most areas to a width of 18+ feet. The lower roadway to the area of Lot 2 meets a
Pitkin County Class V-A Country Access standard. My understanding is that prior approvals tor
119 West 6111 Sudo 2 C • Glenwood Spt lip Colorado • (970) 94? 1404
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December 10, 1998
Mr. Glenn Horn
Page 2
parcels on the !Ewer road segment have resulted in additional improvement requirements
including pull-outs in same of the curve areas.
Access to Mr, ,Moiny's parcel would require improvement of the existing roadway io a Pitkin
County driveway standard above Lot 2 pursuant to the Plrkfn County Road Management and
Maintenance Plan, Section 4.25. Generally speaking, the Pitkin County Road Standaras for a
driveway are achievable for the existing road alignment from Lot 2 to the building site an the
lower portion of Lot 6. One significant area noted in our site inspection wdh Bud was the
switchback turn in the area of station 47+00. Eased an our discussion, a widening of the turn
radius is achievable with some relatively limited bouider-wail retaining work above and beiow the
turn as noted an the attached Exhibit 1.
Access on to the upper building site on Lot 6 can also be improved but may result in some
limited areas in excess of the 12% grade limitation under the County driveway regulations in the
vicinity of station 80+00. Mac Smith, the owner and a full -lime resident on Lot S, has undertaken
some grading, drainage and gravel placement work an the road above Lot 2. His work has
resulted in noticeable improvements to the "bog" area in the vicinity of station 71+00. Mac's
improvements and gravel placement end at his property entrance in the vicinity of station 99+00.
Beyond that location, grading work and gravel placement will be needed to eliminate the clayey
surface of the existing drive as well as to improve the drive profile as much as possible.
From our site inspection with Pitkin County Engineer Bud Eyler on December 3rd, upgrade of the
existing ranch road to reach the upper building site on Lot 6 of Section 36 does appear feasible
to a reasonable standard and would require the tollowing:
1. Improvements to the switchback tum in the area of station 47+00 with boulder watt
construction above and below the turn and a widening of the tum radius.
2. Cut and fin work in the vicinity of station 80+C0 to improve the profile grade as much as
possible. We were concerned about excessive cut or fill work in this area due to the side
slope conditions. I would generally suggest that cuts or fills in the vicinity of 21/2 to 3 feet
is the maximum that Is probably feasible on the road platform without getting into
significant side slope problems.
3. Cut i till work and gravel placement beyond station 99+00. As noted above, gravel is
needed beyond Mao Smith's entrance to improve the condition of the mad surface,
Some gracing is also needed to achieve a total roadway platform of 12 feet in width
including an 8 foot driving surface and 2 foot shoulders on each side. Goading to better
define the borrow ditch and Improve drainage condftions is also needed,
I hope these additional comments regarding improved access to the upper bulding site at the
Molny property will be adequate. Please feel tree to contact me if I can p ovide additional
comment or detail.
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SCHMUESER CORDON MEYER. INC.—_
Oec-15-98 04:19P yus'r horn 970(25 5180 P.04
December 10,1998
Mr. Glenn Horn
Page 3
Very Truly Yours,
SCHMUESER GORDON MEYER, INC.
. Hammond, P.E.
rincipal-Aspen Office
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SCHMUESER GORDON MEYER. INC._ .
Dec-15r-98
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