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HomeMy WebLinkAboutbocc.res.136.2001 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,GRANTINGAN EXTENSION OF VESTED RIGHTS TO ROBERT LEHRMAN Resolution No.Lg-2001 RECITALS I. Robert Lehrman ("Applicant')has applied to the Board of County Commissioners(`BOCC")for an Extension of Vested Property Rights for a period of one-year from April 14,2002. 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. The property was granted 1041 Hazard Review and Conceptual Submission approval through a Takings Determination pursuant to Resolution No. 99-94 (Lange). The vested rights for this approval expire April 14, 2002. The site plan for the property has been recorded in Book 51 at Pages 10 & 11. 5. This application was reviewed by the BOCC at a duly noticed public hearing on August 22, 2001, at which time evidence and testimony were presented with respect to this application. 6. The BOCC determined that the proposed development meets the criteria established in Section 4140 of the Land Use Code,and therefore finds that the extension of vested rights is appropriate. NOW,THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant an extension of vested property rights for Robert Lehrman,subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall comply with the conditions of Resolution No. 99-95 (Exhibit B) unless otherwise replaced or amended by the conditions of this approval. 2. The conditions of this resolution replace all conditions of approval established in Resolution No. 99-94. 3. Wildfire mitigation shall be as follows: A. Defensible Space: 1. The area around all structures 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): a. 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 IIIIII IIII IIIIII IIIII IIII I III III II I IIII II Page: I of 09/26/2001 459090 101:31A SILVIR DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Resolution No./ -2001 Page 2 than 6" shall be planted in this area. Any combination of mulch, hardscape(i.e. sidewalks, stones, etc.) may be utilized. b. For a distance of 10 feet around all structures vegetation at 6 inches or less (i.e. mowed grass) shall be established or maintained. Woody vegetation should not be planted in this area. Flammable material (i.e. firewood) should not be stored within this perimeter. c. For a distance of 45 feet uphill and to the sides, and 60 feet downhill existing vegetation shall be thinned. 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 heig)t of the fuel. All measurements shall be from the edges of the crowns of the fuel. d. 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. e. 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. 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. a ro B. Structural Design and Construction Requirements: m 0 1. Roofs shall have anon-combustible roof covering on a Class A assembly roof system. 0) 0 ,00 Wood shake/shingle roof covering are prohibited in all wildfire hazard areas. Roofs 0 a m O with less than 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply Lf) m with the following: n o m m a. All roof coverings shall be non-combustible materials as defined in the Uniform m Building Code(UBC) 1997 Section 1504 and installed on a Class A roof assembly. b. All roof coverings shall have a surface that shall facilitate the natural process of o U clearing the roof. Y z C. All roof design shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited x a d. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. 'g a e. All roof designs,coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Resolution No.A -2001 Page 3 2. All vents shall be screened with corrosive resistant wire mesh of one-quarter inch maximum. 3. Projections (Heat Traps): A. 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. B. 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 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. 4. Windows and Glass: Glazed openings shall be provided with close-able, solid, exterior non-flammable shutters or shall be tempered glass. 5. 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. 6. 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. 7. 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 09 Page: 3 f 10:31fi R 0.00 0 0.00 Resolution No.1;4p-2001 Page 4 C. Maintenance: 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials(including firewood/wood piles)shall be stored on a parallel contour a minimum of 15 feet away from any structure. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from all structures. D. Miscellaneous: 1. Swimming pools shall be accessible to Fire Department vehicles. 2. Fences shall be kept clear of brush and debris. 3. Wood fences shall not be connected to the structure. 4. Fuel tanks shall be installed underground with an approved container. 5. Each structure shall have a minimum of one 10 lb.ABC fire extinguisher. 6. 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. 7. Any outbuildings or additional buildings shall adhere to the same standards as structures. E. Utilities: 1. Utility lines shall be buried. 4. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance shall occur outside of the approved building and accessory building envelopes, except for utility and driveway extension and maintenance, and as may be necessary to implement the wildfire mitigation measures required elsewhere in this document. The accessory envelope is for well or septic purposes only. 5. All areas disturbed by construction and the installation of the sewer line shall be revegetated with native shrubs and grasses to limit water consumption and additional runoff within one growing season of the project's completion. Landscaping and revegetation on the property shall utilize low water (xeriscaping)native plant materials and concepts. The timing of any sprinkler systems shall be decreased for low water plants. The vegetation planted along the sewer line extension shall "blend-in"with the existing vegetation. 6. All development must comply with the provisions of Pitkin County's Noxious Weed Management Plan. IIIIIIII DAVIS IIIIIIIIIIII COUNTY IIIIIIIIIIIIIIIIIIIIIIIO 459090 t 0 0 .ata Resolution No.',10-2001 Page 5 7. A fireplace/woodstove application must be filed and approved by the Community Development Department prior to the issuance of a building permit. 8. 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. 9. 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. 10. Development of 30 inches above or below grade within the required setback requires approval of a variance by the Board of Adjustment. 11. if the existing 8' retaining wall is removed, mitigation measures addressed in Bruce Coffins letter dated November 10, 1998 shall be complied with(Exhibit C). 12. Floor area for the residence, including the garage, caretaker dwelling unit and subgrade space, shall be limited to 12,000 square feet. 13. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District. 14. Prior to the submittal of any building permits, the Applicant shall obtain an Access/Driveway Development approved by the County Engineer. The driveway shall comply with County standards at the time of issuance of the permit. The Applicant shall install a turnout on the far east side(downhill side)of the existing driveway for emergency vehicles. 15. Pursuant to Ordinance No. 022-2000,the Applicant is subject to the Fair Share Requirements and shall pay a road impact fee as calculated at the time of building permit issuance. 16. At the time of building permit application submittal, the Applicant shall submit, for review and approval by the County Engineer, a Construction Management Plan in accordance to the Asset Management Plan. The Construction Management Plan shall indicate that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not violate County Law, such as parking on County rights-of-way. 17. Lighting shall comply with the Pitkin County lighting standards at the time of installation. 18. All waste storage shall comply with Wildlife Protection Ordinance No. 010-2001. Prior to Certificate of Occupancy, compliance with the ordinance shall be verified. 19 The Applicant shall adhere to all material representations made in the application and public meetings. 20. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 14, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 21ST DAY OF JULY 2001. IIIIII IIIII IIIIII►III IIIIII IIIII CO III IIIII►III►III 0 959090 0.a1A 0 Resolution No.)4-2001 Page 6 APPROVED AND ADOPTED ON THE 22ND DAY OF AUGJUST 2001. VESTED RIGHT NOTICE PUBLISHED ON THE 1,�DAY OF PrrmltinQ.2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF IN CO TY, COLORADO dee . can Michael C.Irel kd, i bepu County Clerk Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: s John Ely, Cindy ouben, Con ney Community Development Director Case#P103-01 273501300003 459090 I IIIIII DAVIS PZ IIII IIIIII IIIII CO III IIIII IIII IIIIPage; a 1 e.a t R R 0.00 D 0.00 �•. lab-Zeoi - x tract of La..a.d lacammd fir. the Scut.•.+es•`_ cn2-ciar'mr of Section L, Township 10 South, Rarge85 Wesm e£ cha Sixth 9r_ncipal Meridian, morn particularLy described as follows : aeginaiag ac a point on the Northeasterly corner of said tract, whence Corner No . 21 of a=Owa Placer u.S .M.S . No . 15047 bears South 46•06. So" East. 2680 . 29 £Get; thence Nerttl 8o•L1 ' West 27 . 99 feet on Centerline of Salvation. Ditcb.t Chance North 6L•4Z' West. i0O .0L tart ar.Centerliae of Saivamien ❑itch; thence, Korth 6T•59 ' Wesc TS .02 fact or. Centerline Of SaLvation. Oi-tch; thence North 72.08 ' West 60 . 02 feet On Centerline of Salvation Ditch: thence Noth 65••26' Ptest 64 .C2 feet .on Centerline oI Salvation Ditch; _ thence Scutt. ZS•26 ' Hest 734 ._5 Item along fence Line; thence South 56.10 ' East 'i1.8 .13: teat' along Centerline of* Roaring Fork River; thence South 65.34 ' East 400 .00 fret along Canterli=e of Banning Fork River: thence Ner^..h 45.11' East.* 2i3 : 52 feet Ca. a paint being 10 .00 f act. Narth , 45011, East of the Denver and Rio Grand Railroad right of way on a _._. cu_- ft Northerly had Westerly paraLLe1 to the right of way Of the Denver ar-d Rio Grand Railroad right of line a distance of 270 feet, the%ce North 25.26 ' East s25 Imam, to the paint of beginnLag. - - .Iogaehar with any and all voter rights appurzanant to or usea-,on the aYdramentioaed . tealL property, iatludiag but not limi'tad- to the Martens Wall as deseribad:.la.;Ruling•:; of -&a'Ee ea;'ApPltea-CTo3 F8::-8TCl7QIti;� r�ec u'rt Water Division NO.'- S; Ca7orad'a:" - . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIO 459090111:31A SILVIA DAVIS 0 Q: 134- 2Yd1 xlMb�i B RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL TO THE CHAD AND KAREN LANGE CARETAKER DWELLING UNIT Resolution No. 99- j RECITALS I. Chad and Karen Lange ("Applicant") have applied to the Pitkin County Board of County Commissioners (`BOCC")for approval of a caretaker dwelling unit. 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 '/<of Section 1,Township 10 South, Range 85 West of the 6th P.M. 3. The Applicant proposes to deed restrict the proposed caretaker dwelling unit pursuant to Section 3- 150.130(B), Caretaker Dwelling Units,and Section 3-210.10, Special Review,of the Pitkin County Land Use Code("Code"). 4. The BOCC heard this application at a duly noticed public hearing on April 28, 1999,at which time evidence and testimony were presented with respect to the application. 5. The BOCC has determined that the caretaker dwelling unit meets the standards established in Section 3-150-130 of the Land Use Code. NOW,THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grants approval for the Lange caretaker dwelling unit,subject to the following m conditions which shall run with the:land and be binding on all successors in interest: 0 00 B t� 00 aD N The Applicant shall adhere to all material representations made in the application and public a o meetings. m �m 2. The Applicant shall comply with all conditions of Resolution No. 99- (N , unless otherwise �rc replaced or amended by the conditions of this approval. 3. Prior to the submittal of any building permit applications of the caretaker dwelling unit,the Applicant shall record a deed restriction for the caretaker dwelling unit with the Housing Office. Floor plans for the unit shall,be provided to the Housing Officer when the deed restriction is �t �z submitted. Y�U r 4. Housing Office staff shall inspect the unit prior to issuance of a Certificate of Occupancy. 5. The kitchen unit shall contain at least a two-bumer stove with oven,a standard sink, and no less o than a 6 cubic foot refrigerator plus freezer. N 6. The caretaker dwelling unit shall be limited to 700 net livable square feet as calculated by the Aspen/Pitkin Housing Authority. I II�III1111111111111111111 111111 iliRESOLa III BETI DAVIS 11�111 13LVI of 2 R 3G0.00 0 0.00 N 0.00 PITKIN COUNTY CO Q : 13 & — 2-001 1 Resolution No. 99 e/� Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 27TH DAY OF MARCH 1999. APPROVED AND ADOPTED ON THE 28TH DAY OF APRIL 1999. �/I VESTED RIGHT NOTICE PUBLISHED ON THE DAY OF ,lL'/i 'L , 1999. ATTEST: BOCC OF COUNTY COMMISSIONERS PITKIN COUNTY, OLO�RA�DO N41-f' eslie J. Lamo , Dep ty Clerk and &corder Chair Date Y q i APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, Cindy Houben, Count r mey Community Development Director Case 9P149-98 PID#2735-013-00-002 I m,��oanam I 459090 IIIII IIIII IIII I IIII II III IIII IIIIII IIIII I III Page: 9 of 0 09//26/2001 11:31R SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 II111111111111111 IN 11111111111111111 III 111111111 IN 432337 06/18/1999 09:47R RESOLUTI DRVIS SILVI 2 of 2 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO COLLINS & LAMPIRIS CONSLITING GEOLO= P.O.Box 23 SILT,COLORADO 81652 PHONE(FAx(970)876-5400(24 HOURS) November 10, 1998 Glenn Horn 1111 II 1111�111 1 1111111 I 11111111I 999090f001 t 1031fi Davis Horn Inc. 215 S. Monarch Suite 104 SILVIP DAVIS PITKIN COUNTY CO R 0.00 n 0.00 Aspen, Colorado 81611 RE: LANGE PROPERTY, 1300 WII,LOUGHBY 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(Cx2)(a)(I)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;thatnew retainingwalls will be designed and , constructed as maybe 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. Sincerely A 6 Bruce A. Col Pt{. �► Consulting G og3St;.• ; , F vC.`A..L,J;I_,_s f'�ROFESG10%1 IAs repealed and reenacted by Pitkin County Ordinance 97-30,July 23. 1997.