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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, RESCINDING RESOLUTION NO. 98-204 AND GRANTING 1041 HAZARD
REVIEW AND CONCEPTUAL SUBMISSION APPROVAL TO ROBERT SCHUSTER
Resolution No. 99-Z
RECITALS
1. Robert Schuster ("Applicant") has applied to the Pitkin County Board of County Commissioners
("BOCC") for 1041 Hazard Review and Conceptual Submission approval to construct a single-family
residence.
2. The property is located in the Shield-O-Mesa area, and is more specifically described in Exhibit A.
3. The property contains 35.8 acres and is zoned RS-30.
4. This application was reviewed by the Planning and Zoning Commission ("Commission") at a
regular meeting on July 28, 1998, and a recommendation of denial was forwarded to the BOCC.
5, The BOCC heard this application at its regularly scheduled meeting of October 28, 1998, at which
time evidence and testimony were presented with respect to this application.
6. The BOCC found 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, and Section 3-80-050(C)(2), which prohibits
development on slopes in excess of 30%. The BOCC voted unanimously to deny the application as
evidenced by Resolution No. 98-204, attached as Exhibit "B."
7. Pursuant to Section 4-150 of the Land Use Code, the Applicant requested a hearing to determine
whether the BOCC's denial of the application constitutes a taking of private property without just
compensation.
8. The BOCC conducted its takings hearing on October 28, 1998, at which time further evidence and
testimony was presented concerning the taking.
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9. At the takings hearing the Applicant explained that an agreement with the adjacent property owner
had been reached, and that the driveway would no longer impact slopes in excess of 30%. Therefore, severe
wildfire was the only remaining issue to be considered.
10. The BOCC finds that the previous denial does constitute a taking of all reasonable use and
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 property owner has a reasonable investment
backed expectation to some residential development of the property.
11. The BOCC finds that the property is not appropriate for any use other than residential and that this
application proposes development in the best possible location, given the hazards identified on the property.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby rescind Resolution No. 98-204.
BE IT FURTHER RESOLVED by the BOCC that it does hereby grant approval to the Schuster
1041 Hazard Review. Conceptual Submission, Scenic Overlay/Ridgeline Review and Lot Line Adjustment,
subject to the following conditions, which shall run with the land and be binding on all successors in interest:
1. The Applicant shall submit a 24" by 36" 1041 site plan and lot line adjustment plat to the
Community Development Department for approval and recording, prior to submission of any
building permit applications. The site plan/plat shall also be submitted in digital format for
integration into the County's GIS system. The site plan/plat shall comply with the provisions of
Sections 5-60-040 and 5-70-040. The Applicant shall designate the building envelope and the
development envelope on the site plan.
2. Prior to submission of an ISDS permit or building permits, the Applicant shall obtain asite specific
soils analysis of the site for structural design and on -site sewage disposal, due to themancos shale
and clays evident in the area. A qualified professional geologist or engineer shall evaluate the
development's effect on slope stability and shrink -swell properties and shall approve design and
construction stabilization and maintenance measures in order to mitigate for themancos shale.
3. Prior to issuance of an ISDS permit, the Applicant shall provide documentation of adequate quality
and quantity of water from the shared well to the Environmental Health Department.
4. Prior to submittal of any building permits, the Applicant shall:
A. Submit a ridgeline review application, pursuant to the provisions of Section 3-60-040 of the
Land Use Code, for review of the specific building design.
B. File a fireplace/woodstove permit with the Community Development Department.
Resolution No. 99-/73
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C. Obtain an access permit from the County Engineer for the remainder of the driveway to the
Schuster property. The plan shall include a driveway profile and plan showing the
horizontal alignment, including radii or degree of curvature.
D. Submit a drainage and erosion control plan for review and approval by the County
Engineer. The plan shall address means of controlling drainage and erosion during as well
as following construction.
E. Obtain membership in the Shield-O-Mesa Road Improvement and Maintenance
Association, and shall pay a pro rata share of the Association's initial improvements and
maintenance assessments with compounded interest dating back to the inception of the
Association as specified in the Protective Covenants of the Association.
5. Prior to issuance of any building permits, the Applicant shall obtain approval of an ISDS permit
from the Environmental Health Department.
6. All areas disturbed by construction shall be revegetated to limit water consumption and additional
runoff within one growing season of project completion.
7. No development activity, including grading, landscaping, and vegetation removal or disturbance,
shall occur outside of the building envelope, with the exception of driveway and utility extension
and maintenance and to perform wildfire mitigation required as part of this approval. All buildings
shall be located within the building envelope. The septic system shall be located within the building
envelope or the development envelope. If the septic system cannot be accommodated within the
development envelope due to technical constraints such as percolation rates, then the system may be
located in an area contiguous to the development envelope with the approval of the Community
Development and Environmental Health Departments.
8. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of 40 feet uphill and to the sides and 47 feet downhill of all structures.
C. 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 not exceed 10
feet. All measurements shall be from the edges of the crowns of the fuel.
D. All branches from trees and brush within the perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the perimeter shall have a minimum of 10 feet between the
edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of all structures shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
9. The Applicant shall comply with the following additional wildfire mitigation standards:
Resolution No. 99-/7
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A. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof
coverings and flat roofs (up to a 3:12 pitch),..,u-lare prohibited in all wildfire hazard areas.
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.
K. 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 anyabove-
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 clearly
visible at the primary point of access from the public or common access road and installed
on a non-combustible post.
P. Utility lines shall be buried.
10. The Applicant shall comply with the following 3ructural design and construction options:
A. Projections (Heat Traps):
1) Projections at the roof line (which include but are not limited to eaves, cornices,
soffit9.a. 1 and roofs over open decks) shall be sheathed with materials approved
for 1 hour fire -resistive construction.
a) For projections below the roof line (including, but not limited to, exterior
balconies, decks, porches, cantilevered floor projections, and bay
windows, which extend over a flat or slopes surface) 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.
b) An alternative construction method for such projections would require
use of noncombustible building materials, or heavy timber or log wall
construction, if the underside of the projecting portion is covered with
materials approved for one hour fire resistive construction and if there
Resolution No. 99-' 1—
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are no inside angles of less than 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 noncombustible or 1 3/4" solid wood.
B. Windows and Glass: Glazed openings shall be provided with close -able, solid, exterior
non-flammable shutters or shall be tempered glass.
C. 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
noncombustible or 1 3/4" solid wood.
D. 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.
E. 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.
11. The Applicant shall install a 2,500 gallon water supply tank for fire fighting water in a location to be
approved by the Basalt Fire District. If the residence exceeds 5,000 square feet in size, the
Applicant will be required to install a residential sprinkler system.
12. The Applicant shall comply with the following wildlife mitigation:
A. Dogs shall be kenneled, due to the proximity to elk winter range and winter concentration
areas.
B. Native vegetation shall be maintained outside of the building envelope (except as necessary
to comply with the required wildfire mitigation).
C. All trash/garbage shall be contained in approved bear proof garbage containers.
D. All fencing shall be located within the building envelope. Fencing shall be constructed of a
3 strand barbed or smooth wire fence with a 42 inch maximum height above ground level
and at least 12 inches between the top two strands or a 3 rail or less round or split rail fence
with a 48 inch maximum height above ground level and 12 inches in width (top view) with
at least 18 inches between two of the rails.
13. The Applicant shall comply with the following standards for development on slopes of greater
than 15%:
14. Adequate mechanical support shall be provided for cut slopes.
Resolution No. 99-)/5.-
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A. Adding water which may decrease slope stability shall be avoided.
B. Adding weight to the top of the slope shall be avoided.
C. Disturbed slopes must be contoured so that they can be revegetated.
D. Steepening of existing slopes shall be avoided.
E. Confine cuts, fills, grading and excavation to the minimum area needed for construction.
15. 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.
16. The exterior of the residence shall be finished in earth tones, which blend with the colors of the
natural surrounding environment. Roof materials, gutters, downspouts, flashing, etc. shall be non -
reflective and ofearthtone colors. West facing windows/glass shall be designed to prohibit direct
reflection of the sun towards Capitol Creek Road.
17. Exterior lighting and landscape lighting shall be prohibited on the west side of the residence, except
where necessary to comply with health and safety requirements of the Uniform Building Code. Any
permitted exterior lighting shall be down -lighting and shall comply with the Code regulations in
effect at the time of building permit issuance.
18. The Applicant shall record a deed restriction limiting the total height in the southern portion of the
building envelope to 15 feet with the remainder of the building envelope limited to 25 feet, as shown
on the site plan. For the purposes of this condition, total height shall be defined as the highest point
of the roof ridge above the existing or finished grade, whichever is lower.
19. The Applicant shall adhere to all material representations made in the application and in the public
meetings.
20. The vested rights for this approval shall expire on September 22, 2002.
APPROVED AND ADOPTED on the 22nd day of September, 1999.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the j4o day of OGT , 1999.
A 1 I EST:
Dean, Clerk fo the BOCC
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
By cJ/1t//t¢.
elliee Haer, ice -Chair
y
Resolution No. 99
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APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben
Community Development Director
P66-98
2645-153-00-021
suzann ew\p itkin\cases\ 1041 \schuster\reso. doc
carevm110/14/99
John Ely
County Attorney
Apr. 13. 1998
I: qq-1K
PARCEL 1:
3:09?M PATEN COUNTY TITLE No.6U8Z
0
EXHIBIT A
A parcel of land situated in the Southwest quarter of the Northwest
quarter, and in the West half Southwest quarter, all in Section 15,
Township 9 South, Range 86 West of the 6th P.M., Easterly of the
Westerly line of said Section 15 and Southwesterly of the centerline
of a 60 foot road easement, said parcel is described as follows:
Beginning at a point on the Westerly line of said Section 15 whence
the Southwest corner of said Section 15 bears S 00°28'27" W 495.00
feet; thence N 00°28'27" E 2345.00 feet along the Westerly line of
said Section 15;
thence N 63°59'03" E 365.32 feet to a point in the center of said road
easement;
thence along the center of said road easement S 16°50'35" E 160.34
feet;
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
thence
S 32°50'29" E 350.85 feet;
S 28°07'39" E 201.53 feet;
S 61°27'266" E 75.00 feet;
S 74°36'30" E 103.09 feet;
leaving said road easement S 15°23130" W 40.00 feet;
W 73.7 feet;
W 463.23 feet;
W 94.59 feet;
W 51.79 feet;
W 190.00 feet;
E 64.89 feet;
W 1056.00 feet;
feet to a point on the Westerly line of said
Section 15 the point of beginning.
EXCEPTING THEREFROM that certain parcel of land conveyed to St.
Benedicts Monastery in the Deed recorded in Book 326 at Page 307,
described as follows:
N 89°00'00"
S 01°46'49"
N 88°05'46"
S 21°52'39"
S 05°45'00"
S 66°45'S8"
S 00°26'20"
West 664.51
A parcel of land situated in the SW1/4 & NW1/4, Section 15, Township 9
South, Range 86 West of the 6th P.M., described as follows:
Beginning at a point on the Westerly line of said Section 15, whence
the SW corner of said Section 15 bears S 00°28'27" W 495.00 feet;
thence N 00°28'27" E 2,34.500 feet;
thence N 63°59'03" E 264.02 feet;
thence S 16°50'35" E 158.25 feet;
thence S 32°50'29" E 360.79 feet;
thence S 28°07'39" E 158.76 feet;
thence S 01°46'49" W 514.32 feet;
thence S 21°52'39" W 61.60 feet;
thence S 05°45'00" W 277.51 feet;
thence S 42°00'00" E 246.27 feet;
thence S 00°26'20" W 835.62 feet;
thence S 90°00'00" W 664.51 feet to the point of beginning.
TOGETHER WITH a 40 foot road easement, the centerline of which is more
particularly described as follows:
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APr. 13. 1993 3:09PM PITKIN COUNTY TITLE
•
. f, : 99-/73'
EXHIBIT A (Continued)
•
No. 6082 P. 5/8
Beginning at a point on a 60 foot road easement whence the Southwest
corner of said Section 15 bears S 48°28'21" W 2152.90 feet
thence along said centerline N 01°55'00" E 137.00 feet;
thence 203.63 feet along the arc of a curve to the left having a
radius of 103.83 feet, the chord of which bears N 54°21'00" W 172.53
feet; thence S 69°28'00" W 20.00 feet;
thence 98.24 feet along the arc of a curve to the right, having a
radius of 214.16 feet, the chord of which bears S 82°36'30" W 97.38
feet; thence N 84°15'00" W 213.00 feet;
thence 200.92 feet along the arc of a curve to the right, having a
radius of 280.06 feet, the chord of which bears N 63°41'52" W 196.64
feet;
thence N 43°08'00" W 29.86 feet;
thence 75.85 feet along the arc of a curve to the left having a radius
of 96.69 feet, the chord of which bears N 65°37'14" W 73.92 feet;
thence N 88°05'46" W 133.00 feet;
thence 129.22 feet along the arc of curve to the left, having a radius
of 86.69 feet, the chord of which bears S 49°12'07" W 117.58 feet;
thence S 06°30'00" W 169.53 feet to a point on the Southerly line of
the above described parcel of land.
PARCEL B:
A parcel of land situated in the SW1/4 & NW1/4, Section 15, Township 9
South, Range 86 West of the 6th P.M., described as follows:
Beginning at a point on the Westerly line of said Section 15, whence
the SW corner of said Section 15 bears S 00°28'27" W 495.00 feet;
thence N 00°28'27" E 2,34.500 feet;
thence N 63°59'03" E 264.02 feet;
thence S 16°50'35" E 158.25 feet;
thence S 32°50'29" E 360.79 feet;
thence S 28°07'39" E 158.76 feet;
thence S 01°46'49" W 514.32 feet;
thence S 21°52'39" W 61.60 feet;
thence S 05°45'00" W 277.51 feet;
thence S 42°00'00" E 246.27 feet;
thence S 00°26'20" W 835.62 feet;
thence S 90°00'00" W 664.51 feet to the point of beginning.
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