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Home My WebLink Aboutbocc.res.060.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO GRANTING APPROVAL FOR THE ALDERMAN 1041 HAZARD REVIEW AND GENERAL SUBMISSION Resolution No. 99- bO RECITALS 1. Peggy Alderman (hereafter "Applicant") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer) for 1041 Hazard Review and General Submission approval to establish a building envelope for the purpose of single family residential use. 2. The Hearing Officer reviewed the application at the Pitkin County Hearing Officer Meeting on January 7, 1999 and denied the application due to Code Section 3-80-070 which prohibits development in severe hazard wildfire areas. 3. The Applicant requested a taking determination pursuant to Section 4-150 of the Pitkin County Land Use Code. The Applicant contends that the denial of the Alderman 1041 Hazard Review by the Pitkin County Hearing Officer on 1/07/99 constitutes a taking of private property without just compensation. 4. The BOCC heard the Applicant's request for a takings determination at the regularly scheduled meeting on January 21 1999 and continued their review so that additional information could be provided. 5. The Board finds that the requisites of the Code has been satisfied, and that to avoid taking the property the Board desires to allow some development consistent with the Pitkin County Land Use Code. 5. Th�e,,pproperty is located across Highway 133 from the Crystal River Country Estates .Blew.% on) kIi*O T Nzy 6. The property is zoned RS-30 and contains approximately 3.117 acres. 111111 11111 111111 1111 11111 111111 11111 III 11111 1111 1111 430133 04/22/1999 11:03A RESOLUTI DAVIS SILVI 1 of 5 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO NOW, THEREFORE, BE IT RESOLVED by the Board that it hereby grants approval for Alderman 1041 Hazard Review and General Submission subject to the conditions listed below which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made during the application process. 2. The net livable floor area of the residence shall not be greater than three thousand five hundred square feet. 3. The Applicant shall comply to the following wildlife impact mitigation conditions: A. Native vegetation outside the building envelope shall be maintained except where it is necessary to remove vegetation to comply with the wildfire conditions as listed below. B. There shall be no fencing outside of the building envelope. C. Only one dog shall be allowed on the property and this dog must be kenneled. D. Any domestic fowl shall be fully fenced in, including a roof, to prevent diseasetransmission to wild turkeys. E. Livestock is prohibited. F. Trash shall be kept in bear proof containers. 4. The Applicant shall comply with the following additional wildfire mitigation standards: A. For a distance of 35 feet uphill and to the sides and 40 feet downhill the Applicant shall establish and maintain a defensible space by thinning and clumping the existing oak brush. The spacing between the clumps shall be a minimum of two times the height of the existing vegetation. The maximum diameter of the clumps shall be two times the height of the fuel. The cleared area between the clumps can have low growing vegetation like grass, but oak shall not be allowed to return to its former height. The lower limbs of the oak brush shall be removed up to half the total height to eliminate ladder fuels. B. All deadfall within 100 ft of any structure shall be continuously removed. C. The 10 foot perimeter surrounding all structures shall also be kept clear of tall, woody vegetation (trees and bushes) and flammable materials (like firewood, dry leaves, and slash). Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. D. All branches which extend over the roof eaves shall be trimmed and the branches within 15 feet of a chimney shall be removed. E. Swimming pools shall be accessible to Fire Department vehicles. F. Fences shall be kept clear of brush and debris. G. Wood fences shall not connect to the structure. H. 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 anyabove-ground tank. Any wood enclosure around the tank shall be constructed with materials approved for2 hour fire - resistive construction on the exterior side of the walls. Fuel tanks shall be installed underground with an approved container. I. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be clearly visible at the primary point of access from the public or common access road and installed on a non-combustible post. J. Utility lines shall be buried. 111111 11111 111111 1111 111111111111 IIIII III 11111 11111111 430133 04/22/1999 11:03A RESOLUTI DAVIS SILVI 2 of 5 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO K. Prior to the issuance of a Certificate of Occupancy, the applicant shall provide the Community Development Director with a letter from the Colorado State Forest Service stating that the applicants are in compliance with the wildfire conditions in this approval. L. The driveway shall be approved by the County Engineer. M. The residence shall have an in-house sprinkler system which meets the standards of the Uniform Building code. L. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingles roof coverings and flat roofs (up to a 4:12 pitch) are prohibited on this property. M. Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch maximum. N. Each structure shall have a minimum of one 10 pound ABC fire extinguisher. O. The structural and defensible space requirements listed in this resolution shall apply to all structures on this property, although only the residence shall require an in-house sprinkler system. 5. The Applicant shall comply with the following standards for development on slopes of greater than 15%: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Cuts, fills, grading and excavation shall be confined to the minimum area needed for construction. 6. Prior to the issuance of a building permit the applicant shall record a 1041 Hazard Review Site plan including the printed conditions of this approval at the Pitkin County Clerk and Recorders. 7. The vested rights conferred by virtue of this approval shall expire on March 24, 2002. 8. Before any development can occur or any building permits can be issued, the Applicant shall obtain a variance from the Pitkin County Board of Adjustments. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the I6-ti, day of Oaten, IOC V' ,199r.8 NOTICE OF VF.STED RIGHTS PUBLISHED IN THE ASPEN TIMES WEEKLY on the day of P Iq si ,1999. 641 APPROVED AND ADOPTED ON THE DAY OFAIIM,1999. ATTEST: t_fro X Ly ii ee Dean, Deputy Clerk and Recorder Le lie J. Lamont, air Person R• BOARD OF COUNTY COMMISSSIONERS OF PIT COUNTY, COt RADDO W DATE. IIIIII IIIII 111111 IIII IIIII 111111111111 III 11111 IIII IIII 430133 04/22/1999 11:03A RESOLUTI DAVIS SILVI 3 of 5 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO APPROVED AS TO FORM RECOMMENDED FOR ADOPTION -=� 3,,$) Joltra--- Cindy Houben County Attorney Community Development Director c&wmM25/99 244q- 11-OO-G03 p 140-gg 111111 11111 111111 1111 11111 1111111 11111 III 11111 1111 1111 430133 04/22/199S 11:03A RESOLUTI DAVIS SILVI 4 of 5 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO EXHIBIT A BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF THE SW1/4NE1/4 OF SECTION 1b, TOWNSHIP 9 SOUTH, RANGE 88 WEST OF THE 6TH P.M. BEARS SOUTH 233.54 FEET; THENCE NORTH 1086.03 FEET TO THE NW CORNER OF SW1/4NE1/4, SECTION 16; THENCE EAST 356.40 FEET TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF COLORADO HIGHWAY NO. 133; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 42 DEGREES 12'20" WEST 42.77 FEET; THENCE ALONG THE ARC OF A CURVE 365.80 FEET, WHOSE CHORD BEARS SOUTH 27 DEGREES 52'20" WEST 363.80 FEET; THENCE SOUTH 13 DEGREES 36'20" WEST 206.10 FEET TO THE NIG- AY RIGHT OF WAY MONUMENT; THEN E SOUTH 11 DEGREES,34'50" WEST 543.50 FEET TO THE POINT OF B INNING. COUNTY OF PITKIN STATE OF COLORADO ALDERMAN PROPERTY =_ 1IIIIII IIIIIIIIIII IIII IIIII IIIIIII IIIII Ili Illli IIII lilt 53of35 R40.0010g0 00 N30.005PITKINOCOUNTY ICOI