HomeMy WebLinkAboutbocc.res.098.1999RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING SPECIAL REVIEW APPROVAL OF A
DETACHED CARETAKER DWELLING UNIT ON THE RYAN PROPERTY
Resolution No. 99 — qg
1. Stephanie and Suzanne B Ryan, hereafter "applicants," have applied to the Board of County
Commissioners of Pitkin County, Colorado, hereafter, "Board," for special review approval a
detached caretaker dwelling unit.
2. The Ryan Property, described in Attachment I, is located on East Sopris Creek Rd. adjacent
the Gateway and Capitol Woods subdivisions.
3. The lot is zoned RS-30.
4. The Board heard this application at a public hearing on April 28, 1999 at which time
evidence and testimony were presented with respect to the application.
5. The Board finds that the application complies with the applicable Code Sections.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby grant approval of
the Ryan detached caretaker dwelling unit subject to the following conditions which shall run
with the land and be binding on all successor in interest:
1. The applicant shall adhere to all material representations made during the application
process.
2. A caretaker dwelling unit deed restriction shall be recorded with the Housing Office prior to
issuance of a building permit for the CDU. The applicant shall comply with all Housing
Authority guidelines for CDUs. Floor plans of the proposed unit calculating the net livable
square footage shall be submitted to and approved by the Housing Office prior to building
permit approval.
3. The applicant shall comply with all of the conditions of BOCC Resolution #99-18
(Attachment II).
4. There shall be one off-street parking space on the property for each bedroom in the CDU.
5. The septic system shall be approved by Environmental Health prior to the issuance of a
building permit.
1111111 111 11111 1111 1111 11111111111A1111RESOLUTI 1111111111111
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6. The approval herein shall be vested pursuant to section 4-140 of the Code until April 28,
2002.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON SATURDAY
MARCH 27, 1999.
APPROVED AND ADOPTED ON THE 28TH DAY OF APRIL, 1999.
NOTICE OF ESTABLISHMENT OF A VESTED RIGHT published in Aspen Times
Weekly on the g &-day of T U A) e_ , 1999.
ATTEST:
AAree ,Q. .21eA,J
Deputy Clerk and Recorder
APPROVED AS TO FORM
John Ely,
Coun orney
Case #P19-99
Parcel I.D. # 2467-343-00-026
carevm104/22/99
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Leslie J. L
Chair
APPROVED AS TO CONTENT
s/a3 99
Cindy Houben
Community Development Director
IIIIII 11111 111111 1111 11111 111111 IIIIII III IIIII IIII IIII
432332 06/18/1999 09 41R RESOLUTI DRVIS SILYI
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99-9r
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RIDER
LEGAL DESCRIPTION
A net of land in Section 3, Manakin 9 South. Rage 86 West. of We Sixth
Principal Mahgaa end in Section 34 of Township 8 South. Range 86 West of
the Sixth Propel Motidiaa, boiag more p ulieckrly dewibcd as follows:
Regiadgat AP-2 aTact 80 in Sccsioa 33,toWahip 8 South, Bats 86 Wen
of the 6dt Priudpal Malian; Iberia Nara 8631'47' Ees1942001ect along Do
Northerly line of said tract 80 to the Inc Point etneghmlog; hones along said
Northerly line North 88'31'42' Last 173134 foot lo AP-1 of said Tract 80;
therm along We EaNaly lino of said Tract 80 South 01'36'08' &s149622 foot
to a point on We boundary of a panel of head desaibed in the Warranty Deed
conveying said land to Juba P. Aulek and PJoviso Ana Mick, as joial katan.
recorded as Damon No. 107569 in Doak 186 at Page 372 of the PiBdo
County. Colorado records; theca along said boundary lino en We following
courses:
North 84'2508' Wen 64.65 tea; Mace North 61'33'08' West 109.34 loot;
dean South 36'10'52' Wen 16225 feu; Wean South 70'3t62' West 13730
Kea; Weald Snob 5S'44''52' Wort 9133 fen; theca South 64'4412' West
34542 fat; tear South 53'5952' Wcaa 235.17 feel; thence South 363752'
West 326.97 feel; thence South 34'2932' Wen 120.47 fool; Wean South
353752' West 329.42 feet to a poet on the Northerly Right -Of -Way fcaeo of
a county sod; theace along said Right -Of -Way fan North 7S'1234' West
100.00 fat; thaw: 1490.02 Oct to the tram Point of Deputing.
EXCEPTING THEREFROM;
A tact of Land situated in Tod 80. Section 34, Township 8 SoaW, Range 86
West of the Sixth Principal Meridian and fa Los 3, Section 3.Towashlp9 Solid;
Range 36 Wen of the Sixty Principal Meridian, brag moss fully drsaibed as
follows:
Beginning at a point on the South tine of the above twitted falberingPamet
which point k also the Northerly Cana tY Lot S. Capitol Woods Subdivision
as shown on to reeodcd Plat recorded la Plat Hook 4 al Page 288, Plain
Cowry. Colorado swords; then South SS0300' Wen 166.84 Ica (record
bearing pa deal of above de:aipsioa South 5t44'S2' Wen) Mena South
54'1400' West 235.17 feet (record bearing pa daod of above dcueipiloa South
s3'SS52' West) Wens South 364910' Wost 45.83 !eel (nerd bearing pa
deed of above dewiptiou South 36'30'52' West) Wens North 30'5530" West
107.34 feet; thence Nona 62'2335' Past 90.72 feet; thencoNorth 77'0742' Fast
88.46 feet; thence Noah 55'0300' Ban 271.08 feet thence South 2630.00' East
44.78 feat lo the Point of D#ning.
and DCCEP' that parkas eoaveycd to Edward Flanigan and Nab Wicks
Flanigan in Dccd rormdod April 10. 1998 n Reardon No. 415463.
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Goad Weary bad - blot Tammy Can
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RESOLUTION OF THE BOARD OF COUNTY COMMLSSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE LEWIS 1041 HAZARD REVIEW AND
CONCEPTUAL SUBMISSION
Resolution No. 99- I r
RECITALS
I. Con and Julie Lewis ("Applicant") have applied to the Board of County Commissioners of Pitkin
County, Colorado ("BOCC") for 1041 Hazard Review and Conceptual Submission approval to construct a
new single-family residence, barn and customary accessory uses.
2. The Applicant's lot is zoned RS-30 and contains 40+ acres.
3. Said parcel is located on East Sopris Creek Road, and is more specifically described in Exhibit A.
4. The Planning Commission reviewed and recommended approval of this application at a regularly
scheduled meeting on November 10, 1998.
5. The BOCC reviewed the application at a duly noticed public hearing on January 13, 1999, at which
time evidence and testimony were presented with respect to this application.
6. The BOCC finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
— 7. The BOCC further finds that the Applicant is exempt from further Ridgeline Review, since
a> 0ca
- a z development within the building envelope will not break a ridgeline.
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—a NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Lewis
o • 1041 Hazard Review and Conceptual Submission, subject to the following conditions which shall nm with
S 3 w the land and be binding on all successors in interest:
0
-lam 1. The Applicant shall submit a 24" by 36" 1041 site plan to the Community Development
a m Department for approval and recording, prior to submission of any building permit applications.
a .1.= The site plan shall also be submitted in digital format for integration into the County's GIS system.
The mylar copy of the site plan must be signed by the owner before it is submitted for recordation.
— m The site plan shall be modified as follows:
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m A. Replace the approval signature blocks with a signature block for the chair of the Board of
W ▪ . 0 County Commissioners.
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v v 428174 02/28/1880 12:93P RESt1LUTI DIMS SILVI
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Resolution No. 99- I B
Page 2
B Include the following disclaimer on the site plan: "1041 environmental hazard areas exist
that might affect the property, any improvements, and the use and occupancy thereof."
C. Add a signature line for the owners of the parcel.
D. The fencing envelope shall be delineated as shown in Exhibit B.
2. Prior to issuance of an ISDS permit, the Applicant shall provide documentation of adequate quality
and quantity of water from a•well to the Environmental Health Department.
3. Prior to issuance of any building permits, the Applicant shall:
A. Obtain approval of an ISDS permit from the Environmental Health Department.
B. File a fireplace/woodstove permit with the Environmental Health Department.
C. Obtain an access permit from the County Engineer. The Applicant shall submit driveway
plans and profiles, as well as cross sections of the driveway at selected locations.
D. Submit a drainage and erosion control plan for review and approval by the County
Engineer, specifically addressing the measures to be taken during construction to mitigate
construction runoff. No mud silt or other construction debris shall leave the property and
run into Capitol Creek.
4. All areas disturbed by construction shall be revegetated to limit water consumption and additional
runoff within one growing season of project completion.
5. No development activity, including grading, landscaping, vegetation removal or disturbance, well
and septic system, shall occur outside of the building envelope, with the exception of wildfire
mitigation required as part of this approval.
6. The Applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. Brush, debris, and non-omamental vegetation shall be removed within a minimum 10 foot
perimeter around all structures, and low vegetation shall be maintained within that
perimeter.
B. Spacing between clumps of brush and vegetation below (south or east of) any structures
shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps
shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the
fuel.
C. All branches from trees and brush below (south or east of) any structures shall be pruned to
a height of 10 feet above the ground and ladder fuels from around trees and brush shall be
removed.
D. Tree crown separation below (south or east of) any structures shall have a minimum of 10
feet between the edges of the crowns.
E. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
F. All deadfall within the 100 foot perimeter shall be removed.
G. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
428174 02/28/1999 12:53P RESOUITI DAVIS SILV 1
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Resolution No. 99-Er_
Page 3
7. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roof construction shall be Class A, non-combustible material with no flat roofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh' 'A inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
H. Swimming pools shall be accessible to Fire Department vehicles.
I. Fences shall be kept clear of brush and debris.
J. Wood fences shall not connect to the structure.
IC Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be installed underground with an approved container.
M. 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 enclosure around the tank shall be constructed with materials
approved for 2 hour fire -resistive construction on the exterior side of the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
c P. Utility lines shall be buried.
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up I- 8. The Applicants shall install a 2,500 gallon water supply tank for fire fighting water in a location to
ma
—w a be approved by the Basalt Fire District. If the residence exceeds 5,000 square feet in size, or as
g= such requirement may be amended through Pitkin County regulations, the Applicants shall install a
mmi.+ residential interior fire -sprinkler system.
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0 a. 9. The Applicant shall comply with the following wildlife mitigation:
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as it m A. Dogs shall be kenneled.
Mala
Mal v = B. Native vegetation shall be maintained outside of the building envelope.
mm m E C. All trash/garbage shall be contained in approved bear proof garbage containers.
mmim D. Fencing shall only be allowed within the fencing envelope or the building envelope.
m Fencing within the building envelope shall not be required to comply with the wildlife
m compatible fencing standards in the Land Use Code. Fencing outside of the building
m envelope, but within the fencing envelope shall be constructed of no more than three rails
m a with at least 36 inches between two of the rails to allow mule deer to pass through the
N fence; shall be a maximum of 60 inches in height with round rails to avoid snow buildup on
mimmin
M u top.
_arm
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Resolution No. 99-) ?
Page 4
E. All horse/livestock feed shall be enclosed in the barn or fenced within the building
envelope with a minimum 8 foot high wildlife proof fence.
F. CDOW and Pitkin County personnel shall be allowed to access the site with 24 hour notice
to verify compliance with these restrictions.
10. 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.
11. 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. Construction parking or staging of equipment shall not
occur on the County road.
12. The Applicant shall adhere to all material representations made in the application and in the public
0 meetings.
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sins- 13. The vested rights for the approval contained herein shall expire on the 13 Eh day of January, 2002.
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1999.
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NOTICE OF PUBLIC HEARING published in the Aspen Times on the 12th day of December,
APPROVED AND ADOPTED this 13th day of January, 1999.
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ATTEST:
,,A,,
aut. A BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Leslie
Date
420174 02/28/1800 12:33P RESOLUTI DAVIS SILVI
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Resolution No. 99-18:
Page S
Jea ette-Jens Deputy Clerk and Recorder
111111IIi111111111111 Mill III 11111I it IIII
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428174 02/25/1999 12:53P RESOLUTI DAVIS SILVI
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Resolution No. 99-12
Page 6
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Con mey
Case #P109-98
PID #2647-343-00-026
suzannew\pitkin\cases\ 1041 \lewis\reso.doc
Cindy Houben,
Community Development Director
111111111111111111111111111111111111111III11111IIIIIII
432332 06/18/1999 09.41A RESOLUTI DAVIS SILVI
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:act of Land in Section S. Townth:p q South. Range di west.
cf the siNtt
a.rinciaa: Meridian. and :n Section 34 of Township 9 South.
Range 96 west al the Sixth Principal Meridian. being =ore particularly
described aL follows:
'ECI:1nINC _` ' cf tract 80 Section 33. Township 9 South. Range 86
west a: :hcPrincipal Meridian:
thence North 96 3:'47" East 942.00 foot along the Northerly tine a:
1d :tact 00 to the true ,oitt of beginning;
thence alone said Northerly _Sze North 98 31'42" East 172..54 feet
AP-1 ot said Tract 80: -
thence along the easterly line of said Tract 80 South 01 36'08" Last
496.22 feet to a point on the boundary of a parcel of land described
the warranty Deed conveying =aid land to :ohs P. :uriek and .ionise
Ann Zurich, as Joint tenants. recorded a5 Occupant No. 107559 in Rook
186 at ?age 272 of the Pitkin County, Colorado records:
thence along said boundary line an the following courses:
North 84 25'08"
thence North G:
thence South 36
Thence South 70
thence Scnth 59
thence South 54
thence
West 64.65 feet:
23'08" West 109.34 feet;
10'52" West :52.25 feet;
28'52' West 137.30 feet;
44'52" West 91.33 feet:
46'52" West 345.32 feet;
South 53 55'52" West 235.17 feet;
thence Souvh
thence South
thence South
Right -Of -Way
thence along
thence North
36 30'52" West 325.97 feet:
34 29'52' West 120.47 feet;
35 37'52' West 229.42 feet to a point on the Northerly
tence ot a county road:
saki R:.;ht-Of-Way fence North 75 22'34" West 100.00 feet:
1490.02 feet to the true paint of beginning.
IRCEPTING TMREPROM:
A Tract of :.and sltuatt:d In Tract 80. Section 34, Townchip 8 South.
Range 86 Went of the Sixth Principal Meridian and in Lot 3. Section 3.
towachip 9 South. Range 86 West of the Sixth Principal Meridian. being
pore fully decribed as fcl ows:
BEGINNING at a point on the 52'tS':1p1cli'lsfe'"at the above described fathering
Parcel whl.th point is also the Northerly Corner.of Lot 5. Capitol Woods
Subdivision as shown on the rescued Plat recorded in Plat Book 4 at
Page 288, Pitkin County. Colorado records.
thence South 55 03'00" West :86.84 feet (record
above descriptions South 54 44'52" West)
thence South 54 14'OO• West 235.17 feet (record
above description South 53 55'32" West)
thence South 36 49'00' Vest 45.83 feet (record bearing per deed of
above description South 36 30'52" West)
thence North 30 55'30" West 107.34 feet:
thence North 62 23'35" Bast 90 72 feet;
thence North 77 09'42' East 98 46 feet:
thence North 55 WOO' East 27-.08 feet;
thence south 26 30'00" East 44 78 feet to the point of beg-naning.
bearing per deed of
bearing per deed of
1111111 11111 111111 IIII 11111 111111111111111 1E111 111 IIII
432332 08/18/1999 09.41A RESOLUTI DAVIS SILVI
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420174 02/ /ISS5 12 S3p
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BU. .1NG ENVELOPE
ACCE ENVELOPE
TABLE
41.110 SOFT. 0.944 ACRE
11.616 SQ.FT. 0.267 ACRE
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428174 02/28/1999 12:53P RESOLUTI DAVIS 3ICY
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