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HomeMy WebLinkAboutpitkin.planning.264321306002DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) RECEPTION #: 589265, 05/22/2012 at 01:24:32 PM, 1 OF 7, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PITIIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE LEONARD ACTIVITY ENVELOPE, SITE PLAN AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT Administrative Decision No,3 -2012 RECITALS Charles Leonard (hereafter referred to as "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") for Activity Envelope and Site Plan Review to construct an addition to an existing detached garage. Proposed within this garage, is a Caretaker Dwelling Unit (CDU). 1. The Lot is located at 1226 Medicine Bow Road and is legally described at Block 4, Lot 6, Filing 1 of the BOCC approved Brush Creek Village Subdivision. 2. The Lot is approximately 2.2 acres, is in the AR -10 zone district, and is conforming in size. 3. No previous land use approvals apply to the parcel. The lot is mapped adjacent to Mule Deer Winter Range. The lot is steep and is considered within a high wildfire hazard area. The lot is currently developed with a single family residence. 4. The application was referred to the Housing Department and the Brush Creek Village HOA. A concerned neighbor contacted Staff during the public notice period regarding visual concerns. The neighbor then contacted the Applicant's architect who made adjustments to the proposed expansion to address the concerns. Staff conducted a site visit on April 20th, 2012 to view the site and proposed expansion. The expansion will avoid slopes > 30% and be contained within the already disturbed part of the Lot. Staff also viewed the existing development from Hwy 82 and Brush Creek Road, both designated scenic corridors. The existing development does not obstruct the ridgeline nor will the proposed development. 6. Public notice was published in the Aspen Times on March 29, 2012. An affidavit of public notice was mailed on March 22nd, 2012. No objections were received within 30 days. 7. The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope and Site Plan Review. APPROVED by the Director, subject to the following conditions: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit review. Structures represented in the application might not be permitted under building and zoning regulations. Page 1 of 7 '3 O — ZO l _ Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. The addition to the garage shall utilize earth -tone colors and non - reflective roofing. At building permit application, the Applicant shall: a. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. b. Submit a construction management plan for review and approval by Planning/Zoning showing the locations of staging, material storage and employee and construction traffic parking. c. Pay the applicable road impact fees. 6. The Applicant shall comply with the following wildfire standards: A. Defensible Space: The area around all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, 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 ten - foot (10') perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around a structure built on flat ground. (For greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural Homeowners, which provides general guidelines that may be modified by a wildfire expert acceptable to the County). 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to 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 thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. Page 2 of 7 U -zoIZ- 7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8. Al l deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (10) feet of a residence. 10. No flammable mulches shall be placed within two (2) feet of a residence. 11. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofs and projections at or below roof line shall be constructed according to the following specifications: 1. Roofing Materials a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. 2. Roof Venting a. Soffit venting shall be located in the outer 1 /3rd portion of the overhang. b. Attic, soffit and other roof venting shall be of non - corrosive metal mesh with maximum 1/4" openings. 3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. Sheath with non - combustible materials, or b. Combustible materials underlain with 5/8" Type X gypboard or equal, or c. Minimum 4x6 rafters with 2x T &G decking. C. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: a. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent log construction. D. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or Other: a. One (1) hour rated material or any material underlain by 5/8" Type X gypboard or equal, or b. "Type IV" Heavy Timber materials, per the currently adopted building code. c. Decks, Decking, Cantilevered Floors, or Other Projections Below the Roofline: d. Construction with noncombustible or one (1) hour rated material, or material with flame spread <25 (tested to ASTM E84 and listed for exterior use), or Page 3 of 7 ?O- Z_ ©l�E_, e. Conventionally framed deck with waterproof surface and underside protected with 5/8" Type X gypboard or equal (decking as "a" above), or f. "Type IV" Heavy Timber materials: joist and beams minimum 6 "x10 ", columns minimum 8 "x8 ", decking minimum 4" in depth, or decking as "a" above; or equivalent log construction, or g. Enclose projection vertically to ground with one hour fire resistive materials. Decking as "a" above. E. Railings a. Railings must be constructed of noncombustible or "Type N" Heavy Timber materials. F. Exterior of the Structure, Including All Walls a. One (1) hour fire resistive rated materials, or b. 5/8" gypboard underlying combustible materials, or C. Cement stucco, minimum 3/4" thickness. d. All glazing to be tempered glazing; and e. Doors to be metal or wood 1 3/4" thick minimum. G. Foundations a. Foundations, skirting, and crawl space openings shall be fully enclosed and constructed with materials approved for one (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. H. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1. All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Page 4 of 7 3G -Zo1E_ I. Maintenance and Miscellaneous Requirements 1. Roofs and gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth (1/4) inch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fences shall not connect to other structures. 10. Fuel tanks shall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 7. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. Wire fencing must be three (3) strands or less. The top wire should be a twelve- point- five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strands (which may be barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre- existing native trees and shrubs. G. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. H. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. I. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) Page 5 of 7 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. J. Pet food shall not be left outside. K. All outside door shall utilized solid round handled door knobs. L. Contractors shall not bring dogs on site during construction. 8. The CDU shall not exceed 1,000 net livable square feet of floor area, which shall count toward the total allowable floor area for the lot. The kitchen contains the following, as defined in the Aspen/Pitkin County Employee Housing Guidelines: a minimum of a two -burner stove with oven, standard sink, and a refrigerator plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least 14 "WX16 "DX5.25 "H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. The floor plan for the CDU shall be submitted to the County Housing Office for review. At building permit submittal, the Applicant shall provide proof of adequate water for the CDU. 9. The Applicant shall, by recording a covenant prior to issuance of building permit, guarantee that the caretaker unit: a. Shall not be required to be rented; b. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the caretaker unit; c. Shall be limited to occupancy by not more than two adults and related children, who qualify as (and have been found by the Housing Office to be) employees of the community under such guidelines as may be from time to time established, or members of the owner's immediate family, even though they may not qualify as employees of the community; d. Shall be rented for terms not less than 6 months if rented. 10. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above - referenced requirements. 11. The caretaker dwelling unit restriction may be removed by the property owner upon approval of the Community Development Director, subject to the requirement that the dwelling is removed or modified. If modified, the remaining improvements must no longer be capable of occupancy as a dwelling unit and must meet otherwise applicable Code requirements. 12. The provisions of this regulation are for the purpose of providing a voluntary CDU on a legally created lot or parcel in the County. Any unit approved under this provision of the Pitkin County Land Use shall not be used for mitigation of employee housing requirements as established elsewhere in said Code. 13. The Applicant shall provide proof of legal water supply for the CDU at building permit submittal. 14. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. Page 6 of 7 30 �,20 1 � 15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 17. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on May r' ! 1 18. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the—L51 day of �, 2012. APPROVED by the Director, this j day of 2012. -A(X,U,Xoe C Cindy Houben, Community Development Director PIN 264321306002 P021 -12 Page 7 of 7 M i c h a e l D o y l e A r c h i t e c t s Project Memorandum Date: 3 -1 -12 To: Mike Kraemer, Pitkin County Planner From: Michael Re: Summary letter addressing compliance with the Code sections listed for a remodel project for the Leonard/Merzbach Residence located at 1226 Medicine Bow Road, Filing 1, Block 4, Lot 6. Ten Land Use Code Sections were listed to be addressed in our letter of request. I will list them individually, and then follow with our reply as to compliance with each Section. The project is for the expansion of the existing garage from 2 cars to 3 cars and for the addition of a 2nd level above the garage that would be used for a Caretaker Dwelling Unit as well as an office for the homeowners. In this project, we are endeavoring to do as little site disturbance as possible, as the site is characterized by having moderately steep slopes. 1. Sec. 2- 30- 20(g): Activity Envelope Criteria for Approval In general, we believe we comply with all applicable provisions of the Land Use Code and all applicable Land Use Policies in Sec. 1 -60. See attached Site Plan with designated Activity Envelope. 2. Sec. 7- 10 -50: Site Plan and Activity Envelope See attached Site Plan with designated Activity Envelope that addresses items (a) through (c) of this Section. To address item (d), the applicant understands that no clearing, grading, etc. shall occur until the Activity Envelope has been defined and all permits are obtained. Items (e) and (g) are not applicable. To address item (f), the applicant understands that areas outside the Activity Envelope are not to be disturbed and will be identified with construction fencing. 000001 OT ZO To address item (h), the applicant understands that since we do not have a prior approval of an Activity Envelope, we will be required to address all of the Development Standards listed in Table 7 -1. 3. Sec. 7- 20 -10: Site Preparation and Grading To address item (a), the applicant understands that all grading and filling shall take place within the defined Activity Envelope. The intent of this project is to have as minimal an impact on the existing grading as possible. To address item (b), the applicant understands that all clearing, grubbing and removal of vegetation shall take place only within the approved Activity Envelope. Since the project does not involve removing any trees, item (c) is not applicable. To address item (d), the applicant is planning to do the least amount of excavation and regarding as possible. The applicant intends to revegetate the disturbed areas with plant materials to match existing. 4. Sec. 7- 20- 20(c): Steep and Potentially Unstable Slopes To address item (1), in reviewing the attached Site Plan/Activity Envelope, it is apparent that there is no alternative building site with slopes less than thirty (30) percent. Because of the constraint of access off of Medicine Bow Road, when the existing house and garage were built in 2001, they were both located in a zone of between 30% to 45% slope. We are endeavoring to minimize the site disturbance with this addition and so are locating it adjacent to and above an existing structure. We understand that we will be required to have an engineer to examine the conditions and provide professional consultation for dealing with the steep slopes. To address item (2), as described above, the existing house and garage were already located in a zone of between 30% and 45% slope. With the existing conditions, there is no realistic option to access the areas of the lot that are less than 30% slope. Items (3), (5), (6) and (8) are not applicable. To address item (4), the applicant is not proposing any changes to the existing driveway. To address item (7), the applicant will engage a structural engineer to design the appropriate retaining devices. 5. Sec. 7- 20 -60: Wildfire Hazards To address item (a), although this lot is not mapped on the Pitkin County Wildfire Hazards Maps, after discussion with the Planner, Mike Kraemer, it was agreed that due to OUOJO2 the relatively steep slopes and continuous fuel sources, it will be classified as a Severe Wildfire Hazard Zone. Mike will verify this when he does a site visit. To address item (b), since this project involves an addition to an existing structure, that is located within the Severe Wildfire Hazard Zone, this section is not applicable. To address item (c)(1), the applicant understands the requirements for defensible space around the proposed development and will comply with all stated regulations. To address item (c)(2), since the project involves an addition to an existing structure and the driveway is already in place, this section is not applicable. To address item (c)(3), the site has two existing fire hydrants and so water supply for fire safety is provided for. The applicant understands that an in -house sprinkler system will be required for the addition that meet the standards of the local fire protection district. To address item (4), the applicant understands the requirements and restrictions regarding the roofing material, projections at the roofline, decks, railings, exterior walls, foundations and roof pitches as outlined in this section and will comply with these requirements. To address item (5), the applicant understands the maintenance and miscellaneous requirements outlined in this section and agrees to comply with these in constructing the project. 6. Sec. 7- 20- 120(d) Standards for Development Within Scenic View Protection Areas The Scenic View Protection Areas that this project are subject to are Brush Creek Road and State Highway 82. See attached photo taken from the intersection of S.H. 82 and Brush Creek Road. To address items (1), (2) and (3), we are locating the addition in a place where it has least impact on the site, due to moderately steep slopes. Since it is an accessory building, the height limit is 20', so it is a roof concept that follows the contours of the slope and so is as non impactful as possible to the view plane. To address item (4), see the photograph Attachment 1 at the end of this application to verify that the project does not project above any ridgeline. To address item (5), the project will use natural materials and coloring, as well as low - reflective materials. To address item (6), we will preserve natural vegetation as much as possible and we have no irrigated meadows on the site. uUOJ63 To address item (7), the utility work on the project is minor, and we will make any modifications in a way that minimizes visual impacts. Items (8), (10) and (14) are not applicable. To address item (9), no berms are contemplated and as stated, the objective is to move as little earth as possible. To address item (11), we intend to use earth colors and natural materials in the exterior palette. To address item (12), we will select a roof material that is non - reflective. To address item (13), we intend to disturb as little earth as possible, and will revegetate disturbed areas. 7. Sec. 2- 30- 30(h): Special Review for a CDU To address item (1), we understand that the application must comply with all applicable provisions of the Land Use Code and Policies to be eligible for a One Step Review Process. No prior development approvals other than the existing house and garage exist for this property. To address item (2), we believe our project meets all of the criteria listed in this section. Items (3), (4), (5), (6), (7), (8), (9) and (10) are not applicable. 8. Sec. 4- 30- 50(e)(1)(2): Caretaker Dwelling Unit The applicant understands and acknowledges that they are providing a voluntary caretaker dwelling unit on a legally created lot. To address item (1), this property is located in the AR -10 zone district in which a CDU is a permitted accessory use. To address item (1)(a), the proposed detached CDU is a second story addition to the existing detached garage. This is allowed under Sec. 6- 30- 40(c), which will be addressed in the next part of this application. To address item (1)(b), the lot is 2.5 acres, which is less than the minimum lot area requirement (10 acres) for the AR -10 zone district as listed in Table 5 -1. However, this is allowed under Sec. 6- 30- 40(c), which will be addressed in the next part of this application. To address item (1)(c), the floor area of the caretaker unit is approximately 580 s.f, which is less than the maximum allowed (1000 s.f.). OU0004 To address item (1)(d), the applicant understands that the floor area of the caretaker shall be included in the total allowed floor area for the lot. To address item (1)(e), the applicant will provide (2) off - street parking spaces for the caretaker dwelling unit. To address item (1)(f), the applicant understands the terms of the caretaker dwelling unit and will agree to deed restrict it accordingly. To address item (1)(g), the applicant understands that the CDU restriction may be removed upon approval of the Community Development Director with the provisos outlined in this section. To address item (1)(h), the applicant understands that the CDU cannot be used for mitigation of other established Land Use Code employee housing requirements. To address item (2), since the CDU is not located in any of the listed zone districts, this item is not applicable. 9. Sec. 6- 30- 40(c): GMQS Exemption for CDU To address item (c), the applicant understands that 1 CDU may be exempted from Growth Management on any lot located in a zone district in which a CDU is and allowed use, which it is in the AR -10 zone district. The applicant also understands that even though the subject lot is substandard in size in regards to the minimum parcel size, it still may be allowed subject to the standards in Sec. 4- 30- 50(e), which were addressed in the preceding section of this application. The applicant also understands that the CDU is allowed to by detached from the principal dwelling if it complies with the standards in Sec. 4- 30- 50(e), which were addressed in the preceding section of this application. 10. Sec. 2- 40- 20(f): Additional Special Review Procedures for CDU's To address item (f), the applicant understands the requirement to post notice and provide mailed notice to the property owners adjacent to the lot. Following the posting and mailing, the adjacent owner's have at least 2 weeks to comment or object. After that time period, the community development department will either make a decision or continue the application before the board of county commissioners. 204 Park Ave., ID 970 -927 -6,796 p Basalt, CO 81621 midarchga Qpris. net wmw.michaeldoylearchitects.com 000005 aim: .r,. -� ► + ANSI . _ = 1 � t - r _ T 4;P is yt PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY ") and 06195 LCy� (hereinafter "APPLICANT") AGREE AS FOLLOWS: has submitted to COUNTY an application for A 6 MW bAM f (Q1A Q� Yes. 41/GW! (hereinafter, the "PROJECT "). / 2. APPLICANT understands and a0ees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by _ more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director HUN C Vlaln 64 Low" ("APPLI') By: Print Name and Title (if applicable) Date: Mailing Address MMCIF � RD 9, A�S_ -f b Ki.A'f� Letter of Owners' Authorization I, Charles G. Leonard, and I, Nina J. Merzbach, are the owners of the property known as 1226 Medicine Bow Road, Aspen, Colorado, and we authorize Michael Doyle to file an application for Activity Envelope, Site Plan Review and Special Review for a CDU, on our behalf with respect to the property. Sincerely, 4�,a k4e�y-� Charles G. Leonard k ma l erzbach U0 U68 3-6-17- Date 3-6-1Z Date A] i c h a e I Doyl e A r c h i t e c l s Leonard Merzbach Residence 1226 Medicine Bow Road, Aspen, Colorado List of All Property Owners within 300' of the property Burton 1450 Medicine Bow Road Aspen, CO 81611 Lichty 1471 Medicine Bow Road Aspen, CO 81611 Kelly 3642 E. Ellsworth Ave. Denver, CO 80209 Vernon P.O. Box 9704 Aspen, CO 81612 Allison P.O. Box 8803 Aspen, CO 81612 Whitcomb 100 East Main Aspen, CO 81611 Kingen 1942 Foxcliff North Martins, IN 46151 Stone 600 E. Cooper Aspen, CO 81611 Mink 100 E. Main St. Aspen, CO 81611 Benninghoff 32 Tulip St. Summit, NJ 07901 6U030`) PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY LOCATION: 1226 Medicine Bow Road Filingl, Block 4, Lot 6 PID#: 264321306002 ZONING: AR -10 SIZE: 2.25 acres OWNER: Charles Leonard REPRESENTATIVE: Michael Doyle EMAIL: midarch a) so ris.net DATE: January 5, 2012 PLANNER: Mike Kraemer, 920.5482 Type of Application: Activity Envelope, Site Plan Review, and Description of Project/Development: The Applicant is desirous of conshvcting a 2m floor above an existing garage that would be used for a Caretaker Dwelling Unit. No previous approvals apply to the parcel, therefore an Activity Envelope and Site Plan Review will be required. Sec. 2- 30.20(8): Activity Envelope Criteria for Approval; Sec. 7- 10-50: Activity Envelope; Sec. 7- 20-10: Site Preparation and Grading Sec. 7- 20- 20(c): Steep and Potentially Unstable Slopes; Sec. 7- 20-60: Wildfire Areas (area determined to be within a severe wildfire hazard area) Sec. 7- 20- 120(d): Scenic View Protection Areas (Brush Creek Road and Hwy 82 are both scenic corridors) Sec. 2- 30- 30(h): Special Review for a CDU Sec. 4- 30- 50(exl)(2): Caretaker Dwelling Unit Sec. 6.30.40(c): GMQS Exemption for CDU Sec. 2- 40- 20(f): Additional Special Review Procedures for CDU's Staff will refer the application to the following agencies: Housing and Brush Creek Metro District Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by 1' Class mail) to all property owners and mineral estate owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community. FEES: $5,480 (make check payable to " Pitkin County Treasurer") Planning Office flat fee: $4,680 (non - refundable; based on 15 hours of staff time. If staff review time exceeds 18 boors, the Applicant will be charged for additional time above 15 hours at a rate of $312/hour) • Web Technology Fee: $25 • Public Notice Fee: $54 • Housing Referral Fee: $179 • EH Fee: $542 To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" by 17" Activity Envelope and Site Plan and standards report as designated in Section 2.1.1, 2.1.12, and 2.1.13 of the Pitkin County Land Use Application Manual; 000010 3. Previous Land Use Approvals (if applicable); 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual 5. Proof of ownership of subject property; 6. Parcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from owner(s) to process application and authorizing the representative (1 copy) 10. List of all property owners and mineral estate owners within 300' of the subject property (1 copy) 11. Copies of this pre -app form NOTES: • PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETEAPPLICATION PLEASE SUBMIT TWO -SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ONALL DOCUMENTS INCLUDED IN YOUR APPLICATION • ALL MAPS SHALL BE FOLDED. • This pre - application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ➢ The Pitkin County Land Use Code and Application Manual is available on -line at ham: / /H,x,w.aspenpitkin.con!deptsi ,,planr7inX.CLM 6061011 a G C7 C) N f�tv %w1t o1' {p+�y%l�eVet'� SYYV�ifvt �cat� 3 W, 4 22ic�6 L+ ao G 17•t2 �, G^tit aF S{'rv� a�evt tA I f1 cow ^Z�Pdi z99 h1�th�! S Michael Doyle Architects 104 Pmk Ave, 1D amu cela,m 81611 t =)dwdcopop� 910717.6796 tON �� n r c:, c G v CA) v 1142 29� urrel`, LeYEL Flo^ Z4% C-i „y ViAl 3 of CD cn OASJ 4,6V^77ON 41 CZ) C) C--) rn 14�1 at -3 IP;lf m s. Rim r1m T4 C 0411 6 of 7 c� r v t Is, 6 6F 7 .s 000018 000019 VICINITY MAP 000020 1 I 1 o IP \\ PA ,me'oofecdvity W-A FA r I -- I I I I I I I �I I L -- J \ \ \ 0 N W�E SCALE F= 20' CONTOUR INTERVAL =2' \ / DISCLAIMER ®iVOONNPNTAL NAEApD AX&19 0])TTHAT MoM APkHCT rILL Pe W W Ix. ANY na[OV9�lr9 A!>p TlM IIbE AlIDOLYTIIANCYT8889pP, / WAIVER TI®eH0V61pNBOFTPa9e a&NUt)ONS oo Nblw ANYWAY Afi9116HOa adPLYTNATAPBA9 WI&OB pF / O�NRUT ®IIATA9DAaaAb Mad ®Pa6PaOM NA3Al1O), ®l T)UT APPIO V ®)a11UA}ION).afA9l1R ®MO1 OUAPAMPPElaH6APa1'YWANY PPOPiax. APPIIGMSNAI6 PROPERTY DESCRIPTION IIIIa, a1nCK59aU9a CR®t Va.lAOB6U9Om910N, Panin JMUA Y11.JW r TBOOK PLAr ATPA09a9Waa9O 1AN VARY 19,1 K6 w PLAT ) AT PAO! 6t A8 aE®!0w NO.1]]Nf, 27, MgNO3dQlPMMT IAMM a 9FP!®199a31, l9)Y w MrBJO[6AT PA @II A9 aecaPnoNNO.lrms. WIwIYWP ,9TATa OFWInMOO UTILITIES NOTE LANDSCAPE NOTE All otilitrn are in place No trees of a caliber of 6" d.b.h. uode3ground and muted along to be removed All dlsnubed axietmg driveway areas to be reseeded with native materials and i3rigamd until recovered Leonard/Merzbach Activitv Envelo 1226 Medicine Bow Road, Aspen, CO 81611 PID# 264321306002 COMMUNITY DEVELOPMENT APPROVAL TH)6 ACIIVIx &WaIgFHANp 91TaflANFW 910x! 99n9weoANn nFFaov ®9YTxecoeom�m)v OEV91nF041Mtad9LlO0. pP pI1Yp1 WUNlYTw9 MYOF mIl ARROVALOP I'lOHP1AN ai su9tecr ro r9e rmu®ANO mNnmoNS oP oaf®A@U"ON NO, a9Wao99 AS MT911 = PITItLYCWmY(189E ANO NPAUMAT PAM Wt9OMC9 omecma ACCEPTANCE FOR RECORDING TN19 MT NA9 BP.FN ACC9P1'Pn pa ry,wO w T119 OPF)Ca OP TI9CL9aa ANO R9CO9O9l Op PITaIIl COlwfy. C01n9ApO aN Txu nArw An.,muwnwreowc At PAO9 _AP AaCPP11ON NO. CfJIO[AN➢89WaD0R e and Site Plan 3 -1 -12 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on May 21, 2012, the Pitkin County Community Development Director granted approval for the Leonard Activity Envelope, Site Plan Review and Special Review For a Caretaker Dwelling Unit (Case P021- 12; Deter. #30- 2012). The property is located at 1226 Medicine Bow Road and is legally described as Lot 6, Block 4, Filing 1, Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643 - 213 -06 -002. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on MAY 31, 2012. IC)TI PUBLIC NOTICE RE: Leonard Activity Envelope, Site Plan Review and Special Review for a Caretaker Dwelling Unit (Case P021 -12) NOTICE IS HEREBY GIVEN that an application has been submitted by Charles Leonard (23272 Two Rivers Rd, Suite #101, Basalt, CO 81621) requesting to build a 2 "d floor above an existing garage that would be used for a Caretaker Dwelling Unit. The property is located at 1226 Medicine Bow Road and is legally described as Lot 6, Block 4, Filing 1, Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643 - 213 -06 -002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on March 29, 2012. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by April 30, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http: / /www.aspeni)itkin.com/ Portals /0 /docs /county /Cone %2ODev /Plannin /g Land Use Applicatio ns /P021 12 app.ndf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, 6 , being or representing an Applicant to the Pitkin County De elopment Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on ��, 201 ti(which is 30 days prior to the deadline of , 2011). The names and addresses of the adjacent property owners shall be those on the c nraxrecords of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a cons icuous place on the subject property (as it could be seen from the nearest public way) on the , 2012_, which is at least fifteen (15) days prior to the public comment deadline. A otograph of the posted sign is attached hereto. 0 Applicant's name (Attach photograph here) : CHARLAINA IAN`iUM qty Comm. Exp.Qg-23 2012 Signature a Signed before me this-11!ay of AvA'� 2012-by 1"'t0 -k" i I I WITNESS MY HAND AND O FICI L SEAL My cqgipis4wn expi�es: / Notary Public's Signature GAcountyWrninlformslaf6davit for Activity Envelope /Site Plan/Caretaker Dwelling Unit PUBLIC NOTICE RE: Leonard Activity Envelope, Site Plan Review and Special Review for a Caretaker Dwelling Unit (Case P021 -12) NOTICE IS HEREBY GIVEN that an application has been submitted by Charles Leonard (23272 Two Rivers Rd, Suite #101, Basalt, CO 8162 1) requesting to build a 2 °d floor above an existing garage that would be used for a Caretaker Dwelling Unit. The property is located at 1226 Medicine Bow Road and is legally described as Lot 6, Block 4, Filing 1, Brush Creek Village Subdivision. The State Parcel Identification Number for the property is 2643 - 213 -06 -002. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920 -5482. Published in the Aspen Times Weekly on March 29, 2012. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by April 30, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http• / /www aspenpitkin com /Portals /0 /docs /county /Com %2ODev /Plannin(,/Land Use Applicatio ns /P021 12 app.pdf 1, 'is 4. 09 m Alichoel Doyle A r c h i l e c i s Leonard / Merzbach Residence 1226 Medicine Bow Road, Aspen, Colorado List of All Property Owners Within 300' of the Property Dimitriyeva 1450 Medicine Bow Road Aspen, CO 81611 Ochs 1595 Medicine Bow Road Aspen, CO 81611 Kelly 3642 E. Ellsworth Ave. Denver, CO 80209 Elston P.O. Box 10391 Aspen, CO 81612 Jones 1471 Medicine Bow Road Aspen, CO 81612 Camberg 1144 Medicine Bow Road Aspen, CO 81612 Whitcomb 100 East Main Aspen, CO 81611 1355 Medicine Bow Road LLC 1355 Medicine Bow Road Aspen, CO 81611 Stone 122 Tabula Rasa Aspen, CO 81611 Mink 100 E. Main St. Aspen, CO 81611 Smith 830 Tabula Rasa Aspen, CO 81611 Le O n o, t—O� () z1- i2 Ji- ��y ftwom isich PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 March 20, 2012 Michael Doyle 204 Park Avenue, 1 D Basalt, CO 81621 midarchosopris.net Re: Leonard Activity Envelope, Site Plan Review and Special Review For a Caretaker Dwelling Unit (PID7#2643- 213 -06 -002; Case# P021 -12) Dear Mr. Doyle: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by March 29, 2012. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by April 30, 2012. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 13`h day of April, 2012, which is at least fifteen (15) days prior to April 30, 2012. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920 -5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00032145 Name: Charles G Leonard Date:3 /7 /2012 Project Address: 1226 MEDICINE BOW RD Type: check # 479 Permit Number Fee Description 0021.2012.PLAN 0021.2012.PLAN 0021.2012.PLAN 0021.2012.PLAN 0021.2012.PLAN PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee PP- EH &NR Referral Fee PP- Housing Referral Fee Amount 4,680.00 25.00 54.00 542.00 179.00 Total: 5,480.00 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Pitkin County Housing Brush Creek Metro District FROM: Mike Kraemer, Community Development Department Michae l.kraemeria�co.pitkin.co.us Re: Leonard Activity Envelope, Site Plan Review and Special Review For a Caretaker Dwelling Unit (PID 2643- 213 -06 -002; Case P021 -12) DATE: March 20, 2012 Attached for your review and comments are materials for an application submitted by Charles Leonard. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, April 30, 2012. http• / /www aspenpitkin com /Portals /0 /docs/ county /Com ° /`20Dev /Planninu/Land Use AP plications /P021 12 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtlernco.pitkin.co.us or 920 -5109. Thank you. /I �r