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HomeMy WebLinkAboutbocc.res.094.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, RESCINDING HEARING OFFICERDETERMINATION NO. 99- I 0 AND GRANTING APPROVAL OF THE LANGE 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Resolution No. 99-4g RECITALS 1. Chad and Karen Lange ("Applicant") have applied to the Pitkin County Board of County Commissioners ("BOCC") for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope in order to accommodate the replacement of an existing residence with a new single-family residence. 2. The subject parcel is located at 1300 Willoughby Way, adjacent to the Pitkin Green Subdivision. The property is more specifically described as a tract of land in the SW Ya of Section 1, Township 10 South, Range 85 West of the 6th P.M. 3. The Hearing Officer at a duly noticed public hearing on February 16, 1999 reviewed this application, and at which time evidence and testimony were presented with respect to this application. 4. Development of the subject property is prohibited, pursuant to Section 3-80.70 (A)(3) of the Land Use Code, which prohibits development in areas identified by the Colorado State Forest Service as containing severe wildfire hazard. The Hearing Officer voted to deny the application as evidenced by Determination No. 99- 10 , attached as Exhibit "A." 5. Pursuant to Section 4-150 of the Land Use Code, the Applicant requested a hearing to determine whether the Hearing Officer's denial of the application constitutes a taking of private property without just compensation. 6. The BOCC conducted its takings hearing on April 14, 1999, at which time further evidence and testimony was presented concerning the taking. 7. The BOCC finds that the previous denial does constitute a taking of all reasonable useand economic return from the subject property, since there are no developable areas on the subject property outside of confirmed severe wildfire hazard areas and the Applicant had a reasonable, investment -backed expectation to develop the property in issue with a single-family dwelling. 8. The BOCC finds that the property is not appropriate for any use other than residential development 9. The BOCC finds that this application proposes development in the best possible location, given the hazards identified on the property. IIIIII IIIII'IIIII I'II IIIII IIIII IIIIIII III �IIII IIII IIII 432326 06/18/1999 09 28R RESOLUTI DAVIS SILVI 1 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 7 y Page 2 NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby rescind Hearing Officer Determination No. 99- 10 . NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval to the Lange 1041 Hazard Review and Conceptual Submission, 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 and public meetings. 2. Prior to submittal of any building permit applications, 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 site plan shall delineate the accessory envelope below the building envelope as "accessory envelope for wildfire mitigation purposes only." B. The following disclaimer shall be placed on the Site Plan: "1041 environmental hazard areas exist that might affect the property, any improvements, and the use and occupancy thereof" 3. Wildfire mitigation shall be as follows: Defensible Space: A. 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. The vegetation on site only shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of 45 feet uphill and to the sides and 60 feet downhill of all structures. 111111111111111111111111111111111111111111111 ilil I111 432325 06/18/1999 09 28R RESOLUTI DAVIS SILVI 2 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 99 Page 3 4. Spacing between clumps of brush and vegetation within the perimeter 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. 5. 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. 6. 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. 7. All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 8. The density of fuel within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 9. All deadfall within the 100 foot perimeter shall be removed. 10. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Structural Design and Construction Requirements: A. Roof shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings and flat roofs (up to a 4:12 pitch) are prohibited in all wildfire hazard areas. 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 roofline (including but not limited to exterior balconies, decks, porches, cantilevered floor projections, and bay windows which extend over a flat or sloped surface) the open space between grade and the underside of projections below the roofline 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 non-combustible building materials, or heavy timber or log wall construction, if the underside of the projection portion is covered with materials approved for one hour fire resistive construction and if there are not inside angles of less then 11111111111111111IIII 11111111111111111111 ILIUM 1III 432325 06/18/1999 09:28R RESOLUTI DAVIS SI'VI 3 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNT CO Resolution No. 99- 9g Page 4 75 degrees. 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. D. Windows and Glass: Glazed openings shall be provided with close -able, solid, exterior non-flammable shutters or shall be tempered glass. 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. Fences shall be kept clear of brush and debris. B. Wood fences shall not be connected to the structure. C. Fuel tanks shall be installed underground with an approved container. D. Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher. IIIIII Hill 111111 IIIIIII III IIIII III II1I 432325 08/18/1999 09 28R RESOLUTI DAVIS SILV[ 4 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 99 Page 5 E. Addresses shall be clearly marked and visible with minimum 2" 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. F. Any outbuildings or additional buildings shall adhere to the same standards as structures. Access: A. Access roads shall be built to County Standards. Utilities: A. Utility lines shall be buried. 4. 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. 5. All areas disturbed by construction and the installation of the sewer line shall be revegetated with native shrubs and grasses within one growing season of the project's completion. The vegetation planted along the sewer line extension shall "blend -in" with the existing vegetation. 6. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit (if necessary). 7. Prior to the submittal of any building permit applications, documentation shall be submitted to the Environmental Health Department that the Aspen Consolidated Sanitation District (ACSD) can service the property. The Applicant shall comply with ACSD rules, regulations, and specifications. 8. 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. 9. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. 10. Prior to the submittal of any building permit applications,an access permit is required from the County Engineer. The Applicant shall install a turnout on the far east side (downhill side) of the existing driveway for emergency vehicles. 11. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment. 12. If the existing 8' retaining wall is removed, mitigation measures addressed in Bruce Collins letter dated November 10, 1998 shall be complied with (Exhibit B). 13. Approval shall be granted for the Caretaker Dwelling Unit shall be granted prior the submittal of any building permits for the detached garage. IIIIII IIIII1111111111IIUI11111IIIIIII III 432325 08/18/1999 09 28A RESOLUTI DAVIS SILVI 5 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99- 7 Page 6 14. 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. 15. The vested rights for the approval contained herein shall expire on April 14, 2002. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 27TH DAY OF MARCH, 1999. APPROVED AND ADOPTED ON THE 14TH DAY OF APRIL 1999. VESTED RIGHT NOTICE PUBLISHED ON THE )4 " DAY OF J 'Alt ,1999. AI ! EST: Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, Countytttorney Case #P149-98 PID #2735-013-00-002 cerevm104/30/99 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Leslie J. Lamont, Chair Date:1\t�y� ‘:l n `1 "I APPROVED AS TO CONTENT: (,P% 2 , 5 /3,W Cindy Houben, Community Development Director IBM UM IIIIII 1111 IIIII 11111 Ell IIII 432325 08/18/1999 09 28A RESOLUTI DAVIS SILVI 8 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO �(1I131T��A DETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY, COLORADO, DENYING 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION TO CHAD AND KAREN LANGE Determination No. 99- 10 RECITALS 1. Chad and Karen Lange ("Applicant") have applied to the Pitkin County Hearing Officer for 1041 Hazard Review and Conceptual Submission approval to establish a building envelope in order to accommodate the replacement of an existing residence with a new single-family residence. 2. The subject parcel is located at 1300 Willoughby Way, adjacent to the Pitkin Green Subdivision, and is more specifically described in Exhibit A. 3. The property contains approximately 6.5 acres and is zoned R-30. 4. This application was reviewed by the Hearing Officer at a duly noticed public hearing on February 16, 1999, at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds that development of the subject property is prohibited, pursuant to Section 3-80-070 (A)(3) of the Land Use Code, which prohibits development in areas identified by the Colorado State Forest Service as containing severe wildfire hazard. 6. The Hearing Officer voted to deny the application pursuant to the Pitkin County Land Use Code which prohibits development within severe wildfire hazard areas. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer it does hereby deny the Lange 1041 Hazard Review and Conceptual Submission, pursuant to Section 3-80-070(AX3). DENIED ON THE 16TH DAY OF FEBRUARY 1999. HEARING OFFICER ATTEST: OF PITKIN COUNTY, COLORADO Tenley Ta Adminis tant G.i`(- �tiw rv� Lance Clarke, Hearing Officer Date: \%194- 1 111111 lllll llllll IIII IIIII IIIII lllllll III IIIII I'll llll 432325 06/18/1999 09 28A RESOLUTI DAVIS SILVI 7 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 432281 06/17/1999 01 41P DETERNIN DAVIS SILVI 1 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Resolution No. 99-_ Page 2 APPROVED AS TO FORM: John Ely, County Attorney Case #P149-98 PID #2735-013-00-002 aevm105/1199 APPROVED AS TO CONTENT: Cindy Houben, *al,/ Community Development Director 111111 IIIII IIIIII IIII IIIII IIIII IIIII11 III 11111 I'll IIII 432325 08/18/1999 09 28A RESOLUTI DAVIS SILVI 8 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO IIIIII11 111111IIII 432261 06/17/1999 01:41P DETERNIN DAM SI V 2 of 3 R 0.00 0 0.00 N 0.00 PITK N COUNTY i.....e.i... w.....�ve.+w........u..... 2C•it3tT A � Section. 1. �ed in the Southwest one-qua::.er o, Meridian, 1 more located. •+ 9rincipal p tract a£ Laz:d Range 85 wnsc o£ the SiXc. Township 10 South, partict.LarLY described as hollows: corner °£ said tract. whenceCno at a point on the Northeasterly Corner No 2/ of fl=awn placer D'.S.M.S. No. 15047 bears South 46006'50' East 2680.29 feet; ' Nest 27.99 feet on Centerline at Salvatiot Ditch.; OL fee= aa.Centerliae of Salvation Ditch; thence. N°=t5' 80 11 vacion Ditch; thence North g7°59' wWest est 75- CenterLi.ae of SaL -f5 02 beet on r Salvation. Ditch: thence North 72_08' West 60.0i feet ors. Centerline o_ Sa_ . thence North 75.02B' •. thence North 65e26'. west 64.02 feet on Ceatfenca Lineof ; Di ring Fork. thence South 2.5"26' Hest 734.i5.feet along fencer Line oh'-Aoa. a ' East-i18.13-feet along y thence South 56•IO Cer_ts.Liae of Roaring Fork River; 65a34' East400.00 feet. along - _ twee Souc'ts _ oiat being 10.00 feet North then.L1' East,•213:52 feet ca.a p, ad right 0of. etn a. cheats North 45 aio Grand co the right of way way the cur e' East of and Denverand pa a Rail-road ah 270 hest. aenve Northerly Grand to the point distance bce ofi27 thencer and Rio GrandEascl525dfee right of line a thence Notch 25 25' . hts appurtenant to or usad•,on the alorementione. Well as deseribad:.. isc:;Anlin6''�, real prro with y any including aster rib iclUildb:' • real f-tte property, ineludia8 but not United. to the b{rrtWat o£Ra'EbYeS:':Aj+¢ilea'tSoB'Fa-'STCROSG:'"4iar�dt`t'ouie Water Division Nc.' S. 111111111111111111 I111 1111111111111111111111111 I111 lilI 432325 08/18/1999 09:28A RESOLUTI DAVIS SILVI 9 of 10 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO II d81 08/17/1999in9 01 41P DETERNINDAVIS SILVI 3 of 3 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO COLLINS & LAMPIRIS CONSULTING GEOLOGISTS P.O. Box 23 SILT, COLORADo 81652 t X N/ 6 / Y PHONE/FAx (970) 876-5400 (24 HOURS) November 10, 1998 Glenn Horn Davis Horn Inc. 215 S. Monarch Suite 104 Aspen, Colorado 81611 RE: LANGE PROPERTY, 1300 WILLOUGHBY WAY, RED MOUNTAIN, ASPEN Dear Mr. Horn: At your request I have examined the subject property with regard to the application of Pitkin County Land Use Code §3-80.50(C)(2)(ax1)I to a man-made slope in excess of 30%. The property consists of an existing home on a nearly -flat building site leveled from the surrounding acreage, which is typical of the lower slopes of Red Mountain. The site is graded into two levels with an elevation difference of approximately eight feet, the levels corresponding with the upper and lower floors of the existing home. On the east side of the home an eight -foot retaining wall, which is essentially an extension of the hillside foundation/wall of the lower level of the structure, separates the lower parking area from the upper parking area. The parking areas are at the same elevations as the respective levels of the building. This retaining wall creates a 90° man-made slope. The Langes propose to remove the existing structure, including the hillside foundation/wall of the home and the retaining wall, regrade the site, and erect a new residence and caretaker dwelling unit. It is my understanding that all slopes within the regraded area will be less than 30%; that the existing cut slope along the north side of the envelope, which is armored with boulders, will not be significantly disturbed (although cosmetic improvements to the eastern part of the existing boulder field is contemplated); that regrading will be accompanied by appropriate soil testing and foundation design for the new structure; that new retaining walls will be designed and constructed as may be necessary, depending on structure design and exact location with respect to regrading; and that final grading and landscaping will provide for positive drainage away from the structures specifically and from the regraded site in general. The existing site was graded and the home constructed in the 1960s. There has been no indication of surface or subsurface instability or failure since original construction. Removal of the existing retaining wall and regrading and new construction as proposed in accordance with the constraints stated above will not cause greater instability or increase the potential for slope failure. if you have any questions or require any further information, please do not hesitate to contact me. 1111111 11111 111111 1111 11111 11111 1111111III 111111 III 1111 432325 08/18/1999 09 28A RESOLUTI DAVIS SILVI 10 of 10 R 0.00 D 0.00 N 0 00 PITKIN COUNTY CO Sincerely Bruce A. Col Consulting G t As repealed and reenacted by Pitkin County Ordinance 97-30, July 23, 1997.