Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
pitkin.planning.246727200016 (2012)
DOCUMENT 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 copies (11x1') Parcel ID: 2467-27-2-00-016 Application Date: 5/29/12 Description: Gerald S Stein MD Revocable Trust Activity Envelope Review Project Address: 26625 HWY 82, SNOWMASS, CO 81654 Property Owner: GERALD S STEIN MD REV Address: 645 CR 235 TRUST EUREKA SPRINGS, AR 72632 Owner's REP: ALAN RICHMAN Address: PO BOX 3613 ASPEN, CO 81612 REP's Email: arichman@sopris.net Referrals: ALL OTHER REFERRALS Other Referrals: Historic Comments Due Date: 07/16/2012 Case No: P052-1 Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 6 % Over Hours: 7.2 Owner Phone: REP's Phone: (970) 920-1125 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 10/24/2012 04/10/2013 Review Body: admin bocc bocc Public Hearing? yes yes Notice Date: 06/14/2012 03/07/2013 Meeting Notes: BOCC 4/10/13 Approvals: BOCC Resolution #: 083-2012 026-2013 P&Z Determination #: BOCC Ordinance #: 003-2013 NR HO Determination #: Admin Determination #: 055-2012 #591188 Other Information: VR Approval Date: 04/10/2013 Plat Recorded Date: 09/25/2019 VR Expires Date: 04/10/2016 Plat (Bk, PG): B126 P4 #658994 Remarks: BOCC Denied #083-2012 #598084 BOCC Reso #026-2013 #599378 Application Type: Activity Envelope RECEPTION #: 598084,03/28/2013 at 11:53:45 AM, 1 OF 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING AN APPEAL OF ADMINISTRATIVE DECISION NO. 55-2012 BY THE GERALD S. STEIN, M.D., REVOCABLE TRUST Resolution No. d�-I- 2012 RECITALS Gerald S. Stein, M.D., Revocable Trust ( "Applicant ") has submitted an appeal to the Board of County Commissioners of Pitkin County ( "BOCC ") of Administrative Decision No. 55 -2012, which granted approval of an activity envelope that complies with the 100' setback from the high water line of the Roaring Fork River and Snowmass Creek. The Applicant asserts that the Community Development Director erred in the Decision and that a 50' setback should be approved. If a 50' setback is approved, the Applicant agrees to designate the cabin to the Historic Register, 2. The parcel contains 0.896 acre, and is a nonconforming size parcel in the AR -10 zone district. The parcel is located at 26625 Highway 82, and is more specifically described in Exhibit A. The parcel is triangular in shape, and is bounded by State Highway 82, the Roaring Fork River and Snowmass Creek. 4. The parcel is improved with a log cabin that contains approximately 1,184 square feet (as calculated by the Pitkin County Assessor) and is estimated to have been built in 1947. 5. The Board of County Commissioners (`BOCC ") granted 1041 hazard review and caretaker dwelling unit approval, pursuant to Resolution No. 97 -46. The envelope was approved to follow the 100 year floodplain, which established setbacks of approximately 30' from the high water line of the Roaring Fork River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was not recorded. The BOCC subsequently granted an extension of vested rights, pursuant to Resolution No. 077 -2000; the vested rights expired in 2003. The Community Development Director ( "Director ") approved an activity envelope, pursuant to Administrative Decision No. 55- 2012. The Director found that Sec. 7- 20- 80(a)(4) of the Land Use Code ( "Code ") allows a reduction of the 100' setback from the Roaring Fork River and Snowmass Creek, if there is no area on the property that can be used for development outside of the 100' setback without encroachment into other constrained areas (slopes, geologic hazard areas, severe wildfire areas and wildlife habitat areas). Since there is an area outside of the 100' setback that can be used for development, a reduction of the setback could not be approved. 7. The Applicant submitted a notice of appeal within 15 working days of the approval of the Administrative Decision, as required by Sec. 2 -20 -180 of the Land Use Code ( "Code "). The Applicant acknowledged that there is an area on the parcel outside of the I00'river /creek setbacks where development could occur, but asserted that designation of this envelope will have the following negative consequences: A. The new residence will be highly visible from Highway 82, B. The envelope will be located entirely within the 100' setback from Highway 82. Resolution No. 093 2012 Page 2 C. Requiring the activity envelope to comply with the 100' stream setback will result in the demolition of the existing, historic cabin in order to accommodate new development on the parcel outside of the 100' setbacks. The Applicant requested that a 50' setback from the high water line of the river and creek be approved, and in exchange, agreed to designate the cabin to the Historic Register. The Applicant asserted that this alternative would preserve the existing cabin and allow the new residence to be built to the east of the cabin, where it can be shielded from the highway. The Applicant further asserts that the envelope will be 10 -14' above the river and creek in an area that has been disturbed by the more than 60 years of occupancy on the property and does not include any riparian or wetland vegetation. 9. The BOCC heard this appeal at a regular meeting on October 24, 2012, at which time evidence and testimony were presented with respect to the appeal. 10. The BOCC finds that staff did not err in its approval of the activity envelope, and that the approval is consistent with the applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Stein appeal of Administrative Decision No. 55 -2012. DENIED ON THE 24TH DAY OF OCTOBER, 2012. APPROVED AS TO FORM: John Ely, Coun y PID #246727200016 Case #P052 -12 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO hl&/� ichael M. Owsley, Chai an Date: APPROVED AS TO CONTENT: (_ ' i dy Houben, Community Development Director Our Order No. Q380814 LEGAL DESCRIPTION A.PARCEL OF LAND SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE, STATE HIGHWAY NO. 82 AND SOUTHERLY OF THE NORTHERLY LINE OF TRACT.74, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74, WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OF SAID TRACT 74 BEARS SOUTH 88 DEGREES 45'44" WEST, 2.00 FEET; THENCE NORTH 88 DEGREES 45'44" EAST, 414.35 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE SOUTH 53 DEGREES 54'34" EAST, 67.66 FEET ALONG THE. CENTER LINE OF SAID RIVER; THENCE SOUTH 21 DEGREES 59'00" WEST, 136.75 FEET ALONG THE CENTER OF SNOWMASS CREEK TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE NORTH 69 DEGREES 19'00" WEST, 446.52 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO 0 "0' El 3 1 5 RECEPTION #: 591188, 08/07/2012 at 02:29:31 PM, 1 OF 6, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE GERALD S. STEIN, M.D., REVOCABLE TRUST ACTIVITY ENVELOPE REVIEW Administrative Decision No" -2012 RECITALS 1. Gerald S. Stein, M.D., Revocable Trust ( "Applicant ") has applied to the Community Development Director of Pitkin County ( "Director ") to establish an activity envelope. 2. The parcel contains 0.896 acre, and is a nonconforming size parcel in the AR -10 zone district. The parcel is located at 26625 Highway 82, and is more specifically described in Exhibit A. The parcel is triangular in shape, and is bounded by State Highway 82, the Roaring Fork River and Snowmass Creek. 4. The parcel is improved with a log cabin that contains approximately 1,184 square feet (as calculated by the Pitkin County Assessor) and is estimated to have been built in 1947. The Board of County Commissioners ( "BOCC ") granted 1041 hazard review and caretaker dwelling unit approval, pursuant to Resolution No. 97 -46. The envelope was approved to follow the 100 year floodplain, which established setbacks of approximately 30' from the high water line of the Roaring Fork River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was not recorded. The BOCC subsequently granted an extension of vested rights, pursuant to Resolution No. 077- 2000; the vested rights expired in 2003. 6. The 2006 Land Use Code ( "Code ") requires a 100' setback from the high water line of the Roaring Fork River and Snowmass Creek. The area included within the building envelope approved in 1997 does not comply with the current setback. The Applicant acknowledges that there is an area on the parcel outside of the 100' setbacks where development could occur, but asserts that designation of this envelope will have the following negative consequences: A. The new residence will be highly visible from Highway 82. B. The envelope will be located entirely within the 100' setback from Highway 82. C. Requiring the activity envelope to comply with the 100' stream setback will result in the demolition of the existing, potentially historic cabin in order to accommodate new development on the parcel outside of the 100' setback. The Applicant requests that a 50' setback from the high water line of the river and creek be approved, and in exchange, offers to designate the cabin to the Historic Register. The Applicant asserts that this alternative would preserve the existing cabin and allow the new residence to be built to the east of the cabin, where it can be shielded from the highway. The Applicant further asserts that the envelope will be 10 -14' above the river and creek in an area that has been disturbed by the more than 60 years of occupancy on the property. r Administrative Decision No -2012 Page 2 8. The Director finds the following with regard to the proposed activity envelope: A. Sec. 7- 20- 80(a)(4) of the Code allows a reduction of the 100' setback from the river and creek, if there is no area on the property that can be used for development outside of the 100' setback without encroachment into other constrained areas (slopes, geologic hazard areas, severe wildfire areas and wildlife habitat areas). There is an area outside of the 100' setback that can be used for development, therefore, a reduction of the setback cannot be approved. B. The activity envelope avoids the 100 year floodplain of the Roaring Fork River. C. The activity envelope contains slopes of less than 30 %, where development is permitted by Sec. 7- 20 -20(d) of the Code. D. The wildfire hazard is rated as low or moderate, and can be mitigated. E. The parcel is not within any mapped mule deer, elk or bighorn sheep habitat areas. F. The parcel is within the mapped Scenic View Protection Area ( "SVPA ") and proposed development will be reviewed pursuant to the SVPA standards at Site Plan Review. 9. The Director further finds that the parcel is eligible for a growth management exemption of up to 5,750 square feet of floor area, pursuant to Sec. 6- 30- 110(c) of the Code. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made during the application process. 2. The conditions of this Administrative Decision shall replace the conditions of BOCC Resolution Nos. 97 -46 and 77 -2000. Prior to submission of a Site Plan Review application, the Applicant shall be required to submit to Community Development for recordation the Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall depict a 100' setback from the River and Creek, as shown on "Option A" of the Applicant's activity envelope application. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Prior to submission of any building permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7 -10 -50 of the Code. 5. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 6. Prior to issuance of a building permit for a replacement residence, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Obtain an on -site wastewater disposal system permit from the Environmental Health and Natural Resources Department. C. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. All historic and natural drainage patterns shall be maintained. D. Obtain a fireplace /woodstove permit from the Community Development Department, if applicable. Administrative Decision Nora` -2012 Page 3 E. Obtain a driveway /access permit for any improvements to the existing driveway, if applicable, which shall be approved by Planning/Zoning and the Basalt Fire Marshal. F. Pay the applicable road impact and housing impact fees. G. Submit a construction management plan for review and approval by Planning/Zoning. H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. I. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. J. Submit an outdoor lighting plan. 7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the perimeter of the envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 8. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, and vegetation removal or disturbance, well or septic system, shall occur outside of the approved activity envelope, except to comply with the required wildfire mitigation or an approved weed management plan. Any new utility lines shall be placed within the approved activity envelope. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Provide waste storage that complies with the County Code regarding bear -proof containers. C. Avoid fruit - bearing trees and shrubs in any landscaping. D. All outside doors shall utilize only solid, round - handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes. E. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. 10. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply for firefighting. 11. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation 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 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters 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. Administrative Decision No,�6- -2012 Page 4 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake /shingle roof coverings are prohibited. 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 the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: 1) Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Non - saltwater swimming pools or ponds shall be accessible to Fire Department vehicles. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) 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. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non- combustible letters and shall be visible and installed on a non - combustible post. 12) New utility lines shall be buried within the activity envelope. Administrative Decision No,5S-2012 Page 5 12. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 13. Approval of an activity envelope within the required yard and road setbacks does not assure approval of a variance from the Board of Adjustment. 14. 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. 15. 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. 16. 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 ode § 2 -20 -170 and C.R.S. § 24 -68 -105. The statutory vested rights granted herein shall expire on 2015. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 10 day of June, 2012. APPROVED by the Director, this day of , 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of, 2012. Cindy Houben, Community Development Director PID# 246727200016 P052 -12 Our Order No. Q380814 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE, STATE HIGHWAY NO. 82 AND SOUTHERLY OF THE NORTHERLY LINE OF TRACT 74, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74, WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OF SAID TRACT 74 BEARS SOUTH 88 DEGREES 45'44" WEST, 2.00 FEET; THENCE NORTH 88 DEGREES 45'44" EAST, 414.35 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE SOUTH 53 -DEGREES 54'34" EAST, 67.66 FEET ALONG THE, CENTER LINE OF SAID RIVER; THENCE SOUTH 21 DEGREES 59'00" WEST, 136.75 FEET ALONG THE CENTER OF SNOWMASS CREEK TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE NORTH 69 DEGREES 19'00" WEST, 446.52 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO MEMORANDUM TO: Board of County Commissioners Regular Meeting - October 24, 2012 «+ THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff. Senior Planner RE: Stein Appeal of Administrative Decision No. 55 -2012 SUMMARY: The Applicant is appealing Administrative Decision No. 55 -2012, which granted approval of an activity envelope that complies with the 100' setback from the high water line of the Roaring Fork River and Snowmass Creek. The Applicant asserts that the Community Development Director erred in the Decision and that a 50' setback should be approved. The grounds for the appeal are presented in the notice of appeal dated August 20, 2012; this packet also includes pertinent information from the original application and the recorded Administrative Decision. APPLICANT: Gerald S. Stein REPRESENTATIVE: Alan Richman LOCATION: 26625 Highway 82 ZONING/LOT SIZE: The parcel contains 0.896 acre and is a non - conforming size parcel in the AR -10 zone district. APPEAL PROCEDURE: Sec. 2-20-180 of the Land Use Code provides that "any affected party" may appeal a decision made pursuant to the Land Use Code ("Code "). The Code requires submission of a notice of appeal within 15 working days of the decision. The Administrative Decision was signed on August 6, 2012. The notice of appeal was submitted on August 20, which was 15 working days after the effective date of the decision, so the notice of appeal was timely. BACKGROUND/EXISTING CONDITIONS: The Board of County Commissioners ("BOCC ") granted 1041 hazard review and caretaker dwelling unit approval, pursuant to Resolution No. 97 -46. The envelope was approved to follow the 100 year floodplain, which established setbacks of approximately 30' from the high water line of the Roaring Fork River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was not recorded. The BOCC subsequently granted an extension of vested rights, pursuant to Resolution No. 077 -2000: the vested rights expired in 2003. The parcel is improved with a log cabin that contains approximately 1,184 square feet (as calculated by the Pitkin County Assessor) and is estimated to have been built in 1947. STAFF COMMENTS: The-" 006 Land Use Code ( "Code ") requires a 100' setback from the high waterline of the Roaring Fork River and Snowmass Creek. The area included within the building envelope approved in 1997 does not comply with the current setback. The Applicant acknowledged in the application that there is an area on the parcel outside of the 100' setbacks where development could occur, but asserted that designation of this envelope will have the following negative consequences: A. The new residence will be highly visible from Highway 82. oUUuol CJT 39 B. The envelope will be located entirely within the 100' setback from Highway 82. C. Requiring the activity envelope to comply with the 100' stream setback will result in the demolition of the existing, historic cabin in order to accommodate new development on the parcel outside of the 100' setback. The Applicant requested that a 50' setback from the high water line of the river and creek be approved, and in exchange, offered to designate the cabin to the Historic Register. The Applicant asserted that this alternative would preserve the existing cabin and allow the new residence to be built to the east of the cabin, where it can be shielded from the highway. The Applicant further asserted that the envelope will be 10 -14' above the river and creek in an area that has been disturbed by the more than 60 years of occupancy on the property and does not include any riparian or wetland vegetation. In Administrative Decision No. 55 -2012, the Director made the following finding with regard to the setback: Sec. 7- 20- 80(a)(4) of the Code allows a reduction of the 100' setback from the river and creek, if there is no area on the property that can be used for development outside of the 100' setback without encroachment into other constrained areas (slopes, geologic hazard areas, severe wildfire areas and wildlife habitat areas). There is an area outside of the 100' setback that call be used for development. therefore, a reduction of the setback cannot be approved. The Applicant appealed the Decision and states, "Imposition of the condition that the activity envelope be located 100' from the Creek and River is technically in compliance with the Land Use Code, but results in a clear and demonstrable error by elevating form over substance and elevating technical Code language over community benefits and good planning. It makes no sense to cause the destruction of irreplaceable history in an effort to protect non - existent riparian or wetland vegetation. The area above the top of slope is an upland area that does not contain any riparian or wetland vegetation and likely has not contained such vegetation in the 65 years since the cabin was first built there." Suzannah Reid, Historic Preservation Officer, has responded to the Code criteria for designation of the cabin to the Historic Register in her referral letter (Attachment A). She finds that the cabin is "recognizable as a product of its time and an excellent example of the Rustic style," and supports the designation of the cabin to the Historic Register. While staff appreciates the value of the historic resource, the Code does not provide a mechanism to reduce the required stream setback in exchange for an historic designation. A reduction in the stream setback is not listed in the Code as an incentive in exchange for an historic designation, nor is it listed as a constrained area that would support a reduction in the setback. If the BOCC desires to have an exception to the stream setback to accommodate preservation of historic resources, then the Code should be amended accordingly, rather than finding that staff erred in the application of the Code to this property. RECOMMENDATION: Staff recommends that the BOCC deny the Stein Appeal, subject to the attached Resolution. ATTACHMENTS: A. Historic Preservation Officer B. Aerial Photo Notice of Appeal Provided Separately UVVUU2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, DENYING AN APPEAL OF ADMINISTRATIVE DECISION NO. 55-2012 BY THE GERALD S. STEIN, M.D., REVOCABLE TRUST Resolution No. -2012 RECITALS Gerald S. Stein, M.D., Revocable Trust ( "Applicant ") has submitted an appeal to the Board of County Commissioners of Pitkin County ( "BOCC ") of Administrative Decision No. 55 -2012, which granted approval of an activity envelope that complies with the 100' setback from the high water line of the Roaring Fork River and Snowmass Creek. The Applicant asserts that the Community Development Director erred in the Decision and that a 50' setback should be approved. If a 50' setback is approved, the Applicant agrees to designate the cabin to the Historic Register. 2. The parcel contains 0.896 acre, and is a nonconforming size parcel in the AR -10 zone district. The parcel is located at 26625 Highway 82, and is more specifically described in Exhibit A. The parcel is triangular in shape, and is bounded by State Highway 82, the Roaring Fork River and Snowmass Creek. 4. The parcel is improved with a log cabin that contains approximately 1,184 square feet (as calculated by the Pitkin County Assessor) and is estimated to have been built in 1947. The Board of County Commissioners ( "BOCC ") granted 1041 hazard review and caretaker dwelling unit approval, pursuant to Resolution No. 97 -46. The envelope was approved to follow the 100 year floodplain, which established setbacks of approximately 30' from the high water line of the Roaring Fork River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was not recorded. The BOCC subsequently granted an extension of vested rights, pursuant to Resolution No. 077 -2000; the vested rights expired in 2003. 6. The Community Development Director ( "Director ") approved an activity envelope, pursuant to Administrative Decision No. 55 -2012. The Director found that Sec. 7- 20- 80(a)(4) of the Land Use Code ( "Code ") allows a reduction of the 100' setback from the Roaring Fork River and Snowmass Creek, if there is no area on the property that can be used for development outside of the 100' setback without encroachment into other constrained areas (slopes, geologic hazard areas, severe wildfire areas and wildlife habitat areas). Since there is an area outside of the 100' setback that can be used for development, a reduction of the setback could not be approved. The Applicant submitted a notice of appeal within 15 working days of the approval of the Administrative Decision, as required by Sec. 2 -20 -180 of the Land Use Code ( "Code "). The Applicant acknowledged that there is an area on the parcel outside of the I00'river /creek setbacks where development could occur, but asserted that designation of this envelope will have the following negative consequences: A. The new residence will be highly visible from Highway 82. B. The envelope will be located entirely within the 100' setback from Highway 82. OuudO Resolution No. - 2012 Page 2 C. Requiring the activity envelope to comply with the 100' stream setback will result in the demolition of the existing, historic cabin in order to accommodate new development on the parcel outside of the 100' setbacks. 8. The Applicant requested that a 50' setback from the high water line of the river and creek be approved, and in exchange, agreed to designate the cabin to the Historic Register. The Applicant asserted that this alternative would preserve the existing cabin and allow the new residence to be built to the east of the cabin, where it can be shielded from the highway. The Applicant further asserts that the envelope will be 10 -14' above the river and creek in an area that has been disturbed by the more than 60 years of occupancy on the property and does not include any riparian or wetland vegetation. 9. The BOCC heard this appeal at a regular meeting on October 24, 2012, at which time evidence and testimony were presented with respect to the appeal. 10. The BOCC finds that staff did not err in its approval of the activity envelope, and that the approval is consistent with the applicable provisions of the Land Use Code. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby deny the Stein appeal of Administrative Decision No. 55-2012. DENIED ON THE 24TH DAY OF OCTOBER, 2012, ATTEST: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney PID 4246727200016 Case 4P052 -12 �iJtlU�4 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Michael M. Owsley, Chairman Date: APPROVED AS TO CONTENT: e.suben,�v 1 r c Ei and Houben, Community Development Director To: Suzanne Wolff, Planner Pitkin County Community Development Department From: Suzannah Reid Pitkin County Historic Preservation Officer Re: Gerald S Stein MD Revocable Trust Historic Designation (PID 2467- 272 -00 -016; Case P052 -12) Date: 10/14/12 The Gerald Stein Trust is requesting designation of a 1947 cabin to the Pitkin County Register. The parcel at the corner of Highway 82 and Lower Woody Creek Road, contains a single log and stone cabin that was built in 1947. The one story log cabin has a rectangular plan, a side gable roof, a stone chimney and a walkout garage on the east side. The building is an excellent example of the Rustic Style. 000005 To be included on the Register the property must be found to demonstrate a higher level of significance. That significance can be demonstrated by use of the following criteria: 1. Importance of the historic theme to which the resource is related to the County's history. Tourism is an important historic theme in the valley. Beginning in the early 20" century as the US population became more mobile, touring the mountain west became a popular leisure activity. Rustic architecture is one of the most common styles representing the Tourism theme. The image of the log cabin in the mountains was a powerful part of the American psyche at that time as it is today. Travellers wanted a genuine western experience; that took a form that ranged from modest rustic tourist cabins to the grand National Park hotels. In Pitkin County, the rustic tourist cabin became a pattern for development as both tourists and transplanted residents arrived to enjoy the natural beauty of the region. 2. The number of other historic properties that this resource represents and how it is exemplary. There are several examples of the Rustic tourist era cabins in the valley. Just across Lower River Road, a group of cabins from the same period has been designated to the Inventory. The Crystal Valley and the Frying Pan also have examples of both cabin groups and individuals. This cabin is an excellent example of the individual cabin. It has the appropriate plan form, materials, roof pitch and overhang, stone base and chimney and window styles that represent the characteristics of the style. 3. The resource's level of integrity of location, setting, design, materials, workmanship, feeling and association. As stated above the cabin is an excellent example of the style and retains a high level of integrity. The windows are original, which is unusual and an important historic element. The deck and curved stone stair are most likely the only alterations to the building. The gable end siding may have been altered, however the character of the materials is consistent with the style. 4. The qualities of singularity such as rarity, uniqueness, and age. As a well preserved mid - century Rustic Style cabin, this building is somewhat rare in the valley. This cabin represents the transition from the Pioneer Rustic style, which were the original pioneer cabins that originated the association between the west and the log cabin, and the modem interpretation of the log cabin. While the image of the log cabin has been wildly expanded over the last 50 years, this Rustic style cabin is marks the beginning of the 20" century version of the style. ouuuu6 5. Visual prominence. The site is visible Highway 82. It is partially located behind a berm so it is not as obvious as other buildings in this area. The proximity to the road is characteristic of the Tourist theme that this building represents. 6. Role in community events and celebrations. n/a 7. If the work of a notable architect, builder or craftsman, how this property compares with the body of work produced by the individual or firm. n/a 8. If associated with a notable individual, how the property illustrates their contribution to the county, state or nation. While not associated with any notable individuals, the property has only changed ownership a handful of times. This limited ownership has most likely preserved the cabin over time. At one time this parcel was part of a larger parcel that included the Snowmass Cottages on the other side of Lower Woody Creek road. The cabin is recognizable as a product of its time and an excellent example of the Rustic style. I support the application to designate the Stein Cabin to the Pitkin County Register finding that the criteria for designation has been met. 000007 E� � U � i ! .A �'AZ , 1 Olt' m . C � � VJ I 0 Q 1 It j %1 ,gem R"M" ;V&Uweagq SmA cw Eox 3613 440ea, eo(~,& 81612 ;R4ww/�74x (970)920 -1125 August 20, 2012 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: APPEAL OF STEIN ADMINISTRATIVE DECISION Dear Suzanne, asCc/acac(C7iaa�ia. met I represent Dr. Gerald S. Stein (hereinafter, "the applicant "), the owner of a nearly 1 acre parcel of land located at 26625 State Highway 82 in Snowmass. The Parcel ID# for this property is 246727200016. Proof of the ownership of the property and the owner's designation of my firm as the authorized representative have previously been provided to you. The applicant submitted an application for designation of an activity envelope on the subject property in May of this year. The Community Development Director recently issued Administrative Decision No. 55 -2012, approving the activity envelope designation (see Exhibit #1). However, Condition #3 of that decision is not acceptable to the applicant. This condition reads as follows: 3. Prior to submission of a Site Plan Review application, the App icant shall be required to submit to Community Development for recordation the Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall depict a 100' setback from the River and Creek, as shown on "Option A" of the Applicant's activity envelope application. The above referenced approvals shall be a condition precedent to finalization and recordation. The applicant believes that imposing this condition represents a clear and demonstrable error. Therefore, the applicant hereby submits an appeal of this decision, pursuant to Section 2 -20 -180 of the Pitkin County Code, and requests a review of this decision by the Board of County Commissioners. Following below is some background information regarding the property and an explanation of why the applicant believes the Board should revise this condition. uuuuu) Ms. Suzanne Wolff August 20, 2012 Page Two Background Conditions The subject property is a small, triangular shaped parcel of land that is approximately 0.896 acres (39,029 sq. ft.) in size. As depicted on the attached vicinity map, it is bounded on three sides by prominent physical features, these being State Highway 82, the Roaring Fork River, and Snowmass Creek. The property is a relatively flat parcel of land. The only areas of the property having slopes in excess of 15% are the areas below the top of bank, right along the River and the Creek. The property contains more than a dozen mature Spruce and Cottonwood trees with a caliper size in excess of 6 ". The parcel is improved with a modest log cabin. According to the Assessor's records, this two bedroom single family residence contains approximately 1,184 sq. ft. of floor area on two levels, plus an unfinished basement. A color photo of the cabin is included with this application. The cabin was built in 1947, at approximately the same time as the neighboring cabins, which are commonly known as the Snowmass Cottages. The Snowmass Cottages were recently placed on the historic register by the County. The applicant has been conducting research on the history of the cabin on the subject property and has found it also has historic significance. A brief report summarizing this research is attached as Exhibit #2. In 1996 the applicant submitted an application to Pitkin County requesting 1041 approval for this property. The applicant proposed to build a new residence "located as far from the highway as possible, behind several very large evergreen trees that will serve as a buffer from the noise and grit that is created by the highway ". The applicant also proposed to maintain the existing log cabin and convert it into a detached caretaker's residence. The 1996 application was approved by the Board of County Commissioners pursuant to Resolution 96 -318, later re- recorded and re- numbered as Resolution 97-46 (see Exhibit #3). In approving the application the BOCC directed the applicant to revise the envelope so its boundaries would follow the 100 year floodplain, establishing a setback of approximately 30' from the high water mark of the Roaring Fork River and 20' from Snowmass Creek (see condition #2 of Resolution 97 -46). A revised version of the 1041 site plan was never produced or recorded by the applicant. However, we have included a copy of the original site plan with this letter which we have marked up to show the building envelope that was approved by the BOCC in 1996. In 2000 the applicant requested and the Board of County Commissioners granted an extension of the vested rights for the 1041 approval (see Resolution 077 -2000, attached as Exhibit #4). A subsequent vested rights extension application was submitted in 2003 but the Board decided not to extend the vested rights for second time. JUU010 Ms. Suzanne Wolff August 20, 2012 Page Three Basis of Appeal Since the time of the original land use approval the Land Use Code has been revised to require a 100' setback from the high water line along the Roaring Fork River and Snowmass Creek. Therefore, when a new activity envelope application was submitted in May of 2012, it was prepared with the intent of complying with the 100' setback. The activity envelope that would comply with this standard is shown on the drawing labeled Stein Activity Envelope Plan: Option A: 100' Setback. The Option A drawing shows that if the applicant is required to abide by the 100' setback from the River and Creek, then the most suitable portion of the property (which was included in the prior building envelope) will now be excluded from the activity envelope. Instead, the activity envelope will basically be confined to the area where the old cabin is located and the narrow western (triangular) corner of the property. However, that triangular corner of the envelope (the area beyond the ditch) will be needed for on -site sewage disposal because it allows for the necessary separation from the well and an adequate setback from the River and Creek to meet Environmental Health standards. So the only developable location within this envelope is where the existing cabin is situated. Designation of this envelope will, therefore, have the following negative consequences: 1. The cabin clearly has historical significance. Requiring the activity envelope to be drawn in this configuration will result in its demolition rather than its preservation. The applicant would prefer to preserve this structure and build a new structure just up- valley (east) of the cabin. Doing so would also benefit the community by allowing the cabin, which is located in proximity to transit facilities, tr be used as a caretaker dwelling. 2. If a new residence were built in this location it would be highly visible to travelers along Highway 82. 3. This envelope is located entirely within the 100' setback from Highway 82 (the cabin is less than 25' from the front property line), meaning that any re- development of this property will require the applicant to obtain a substantial setback variance from the Board of Adjustment. An alternative activity envelope plan labeled "Option B: 50' Setback" was also submitted with the May, 2012 application. It shows that if the setback from the River and Creek were limited to 50' instead of 100', the activity envelope can be extended to the east of the cabin, creating a much more reasonable location for a new residence to be built. The benefits of Option B are that it allows the historic cabin to be preserved and it provides a building area that is situated behind the mature trees and the existing berm along the front of the property, thereby limiting the visibility of the new home from the Highway. ODU'U11 Ms. Suzanne Wolff August 20, 2012 Page Four The resulting envelope is similar to the envelope that was previously approved for this property by the Board of County Commissioners. However, Option B actually has a greater setback from Snowmass Creek (50' vs. 20) and the Roaring Fork River (50' vs. 30) than was previously approved by the Board. Moreover, as part of the land use application, the applicant demonstrated that the County's stated intent for having the 100' river and stream setback, which is the protection of riparian values, can still be achieved with a reduction of the setback to 50' for this property. Exhibit #5 provides a response to Sec. 7 -20 -80 (4) of the Code which establishes the standards for granting reductions of stream setbacks. This response demonstrates that there would not be any negative water quality, wildlife habitat or other environmental impacts from reducing the setback to 50'. This is because even with the reduced setback, the envelope would be limited to the upland portion of the site above the top of bank and fully avoids the riparian lands, which only occur below the top of the bank. Furthermore, as a condition of County approval of Option B, the applicant will designate the existing cabin to the Pitkin County Historic Register, thereby preserving this valued historic resource. Considering the recent designation of the Snowmass Cottages to the Register, this would ensure the preservation of a cluster of historic structures in and around the original Snowmass settlement. Conclusion Imposition of the condition that the activity envelope be located 100' from the Creek and River is technically in compliance with the Land Use Code, but results in a clear and demonstrable error by elevating form over substance and elevating technical Code language over community benf' its and good planning. It makes no sense to cause the destruction of irreplaceable history in an effort to protect non - existent riparian or wetland vegetation. The area above the top of slope is an upland area that does not contain any riparian or wetland vegetation and likely has not contained such vegetation in the 65 years since the cabin was first built there. This is confirmed by the applicant's responses to Sec. 7 -20 -80 (4) and by the fact that the BOCC previously approved a 1041 envelope in this location and can easily be verified by a visit to the site. The applicant respectfully requests that the Board of County Commissioners find that the administrative decision approving Option A represents a clear and demonstrable error and that Option B should instead be approved. If this error is allowed to stand the existing cabin will be replaced with a new residence and another piece of the County's heritage will be lost forever. Moreover, the resulting development will be highly visible from Highway 82 and the occupants of the residence will be subject to the noise, lights, dust and other effects of being so close to the Highway. None of this represents an appropriate land use outcome for the applicant or for the community. UUuLI12 Ms. Suzanne Wolff August 20, 2012 Page Five I believe we have provided all of the materials you require to process this appeal. Please let us know when this matter will be scheduled to be heard by the Board of County Commissioners. Thank you for the assistance you have provided to us throughout this application process. Sincerely, ALAN RICHMAN PLANNING SERVICES, INC. X Alan Richman, AICP uuu -u13 EXHIBITS uuuj14 EXHIBIT #1 RECEPTION #: 591188, 0 810 712 01 2 at 02:29:31 PM, 1 OF 6, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin Courtly, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQN COUNTY, COLORADO, APPROVING THE GERALD S. STEIN, M.D., REVOCABLE TRUST ACTIVITY ENVELOPE REVIEW Administrative Decision Nots-2012 RECITALS 1. Gerald S. Stein, M.D., Revocable Trust ( "Applicant ") has applied to the Community Development Director of Pitkin County ( "Director ") to establish an activity envelope. 2. The parcel contains 0.896 acre, and is a nonconforming size parcel in the AR -10 zone district. 3. The parcel is located at 26625 Highway 82, and is more specifically described in Exhibit A. The parcel is triangular in shape, and is bounded by State Highway 82, the Roaring Fork River and Snowmass Creek. 4. The parcel is improved with a log cabin that contains approximately 1,184 square feet (as calculated by the Pitkin County Assessor) and is estimated to have been built in 1947. 5. The Board of County Commissioners ('BOCC ") granted 1041 hazard review and caretaker dwelling unit approval, pursuant to Resolution No. 97 -46. The envelope was approved to follow the 100 year Floodplain, which established setbacks of approximately 30' from the high water line of the Roaring Fork River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was not recorded. The BOCC subsequently granted an extension of vested rights, pursuant to Resolution No. 077- 2000; the vested rights expired in 2003. 6. The 2006 Land Use Code ( "Code ") requires a 100' setback from the high water line of the Roaring Fork River and Snowmass Creek. The area included within the building envelope approved in 1997 does not comply with the current setback. The Applicant acknowledges that there is an area on the parcel outside of the 100' setbacks where development could occur, but asserts that designation of this envelope will have the following negative consequences: A. The new residence will be highly visible from Highway 82. B. The envelope will be located entirely within the 100' setback from Highway 82. C. Requiring the activity envelope to comply with the 100' stream setback will result in the demolition of the existing, potentially historic cabin in order to accommodate new development on the parcel outside of the 100' setback. 7. The Applicant requests that a 50' setback from the high water line of the river and creek be approved, and in exchange, offers to designate the cabin to the Historic Register. The Applicant asserts that this alternative would preserve the existing cabin and allow the new residence to be built to the east of the cabin, where it can be shielded from the highway. The Applicant further asserts that the envelope will be 10 -14' above the river and creek in an area that has been disturbed by the more than 60 years of occupancy on the property. UUG;U.l-5 T Administrative Decision Nob D -1011 Page 2 8. The Director finds the following with regard to the proposed activity envelope: A. Sec. 7- 20- 80(a)(4) of the Code allows a reduction of the 100' setback from the river and creek, if there is no area on the property that can be used for development outside of the 100' setback without encroachment into other constrained areas (slopes, geologic hazard areas, severe wildfire areas and wildlife habitat areas). There is an area outside of the 100' setback that can be used for development, therefore, a reduction of the setback cannot be approved. B. The activity envelope avoids the 100 year floodplain of the Roaring Fork River. C. The activity envelope contains slopes of less than 30 %, where development is permitted by Sec. 7- 20 -20(d) of the Code. D. The wildfire hazard is rated as low or moderate, and can be mitigated. E. The parcel is not within any mapped mule deer, elk or bighorn sheep habitat areas. F. The parcel is within the mapped Scenic View Protection Area ( "SVPA ") and proposed development will be reviewed pursuant to the SVPA standards at Site Plan Review. 9. The Director further finds that the parcel is eligible for a growth management exemption of up to 5,750 square feet of floor area, pursuant to Sec. 6 -30 -1 10(c) of the Code. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made during the application process. 2. The conditions of this Administrative Decision shall replace the conditions of BOCC Resolution Nos. 97-46 and 77 -2000. 3. Prior to submission of a Site Plan Review application, the Applicant shall be required to submit to Community Development for recordation the Activity Envelope Plan in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.1. The Activity Envelope Plan shall depict a 100' setback from the River and Creek, as shown on "Option A" of the Applicant's activity envelope application. The above referenced approvals shall be a condition precedent to finalization and recordation. 4. Prior to submission of any building permit applications, the Applicant shall be required to submit for approval an application for Site Plan Review, pursuant to Secs. 2 -30 -20 and 7 -10 -50 of the Code. 5. 5,750 square feet of gross floor area is exempt from growth management without the use of TDRs or growth management allotments for additional floor area. 6. Prior to issuance of a building permit for a replacement residence, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B. Obtain an on -site wastewater disposal system permit from the Environmental Health and Natural Resources Department. C. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. All historic and natural drainage patterns shall be maintained. D. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable. UUUjl6 Administrative Decision No._-�D-2011 Page 3 E. Obtain a driveway /access permit for any improvements to the existing driveway, if applicable, which shall be approved by Planning/Zoning and the Basalt Fire Marshal. F. Pay the applicable road impact and housing impact fees. G. Submit a construction management plan for review and approval by Planning/Zoning. H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. 1. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed. J. Submit an outdoor lighting plan. 7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the activity envelope and install construction fencing around the perimeter of the envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 8. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, construction parking and staging, and vegetation removal or disturbance, well or septic system, shall occur outside of the approved activity envelope, except to comply with the required wildfire mitigation or an approved weed management plan. Any new utility lines shall be placed within the approved activity envelope. 9. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Provide waste storage that complies with the County Code regarding bear-proof containers. C. Avoid fruit- bearing trees and shrubs in any landscaping. D. All outside doors shall utilize only solid, round - handled door knobs unless another type is required by the applicable building code for disabled accessibility purposes, E. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and shall be at least 10' from the ground suspended between 2 trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. 10. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire Protection District, including but not limited to access, adequate area for turning around of fire equipment, installation of an approved fire sprinkler system and provision of an adequate water supply for firefighting. 11. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation 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): I ) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeters 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. UuuL%.L Administrative Decision No, -2012 Page 4 4) All branches from trees and brush within the 30 foot perimeter shall be pruned to a height of 10 feet above the ground and ladder fuels from around trees and brush shall be removed. 5) Tree crown separation within the 30 foot perimeters shalt have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No flammable mulches shall be placed within two feet of a residence. 11) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake /shingle roof coverings are prohibited. 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 the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: 1) Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Non - saltwater swimming pools or ponds shall be accessible to Fire Department vehicles. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) 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. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 12) New utility lines shall be buried within the activity envelope. Ouuu18 Administrative Decision No -2012 Page 5 12. All areas disturbed by construction shall be revegetated with native shrubs and grasses within one growing season of the project's completion. 13. Approval of an activity envelope within the required yard and road setbacks does not assure approval of a variance from the Board of Adjustment. 14. 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. 15. 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. 16. 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 ode § 2 -20 -170 and C.R.S. § 24 -68 -105. The statutory vested rights granted herein shall expire on h 2015. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 10 day of June, 2012. APPROVED by the Director, this day of_A 2012. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the hL day of &Wf,i {_, 2012. Ciridy Hougen, Community Development Director PID# 246727200016 P052 -12 rJUU019 Exhibit #2 Working Draft: History of Stein Cabin 1. The cabin was built in 1947. The evidence for this conclusion includes the records of the Pitkin County Assessor, which list its date of construction as 1947, and a telephone conversation with Julie Wyckoff, who owns the nearby Snowmass Cottages and has lived in the Snowmass area for many years. The architecture of the building is also consistent with that of a tourist cabin built in this era (see point #3, below). 2. The land on which the cabin is located was originally part of a larger ownership that included all of the land at the corner of Snowmass Creek Road and Highway 82, including the land on which the Snowmass Cottages are now located. The transactions involving this property going back to the beginning of the 20th century are as follows: The original owner was Stewart. Stewart conveyed to Emma Bradshaw in 1901. Emma Bradshaw conveyed to Ruth Bradshaw in 1931. Ruth Bradshaw conveyed to Anderson in 1946. Anderson built the cabin the next year. Anderson conveyed to Golden in 1955. Golden conveyed to Tudor Land Company in 1969. Tudor Land Company conveyed to Stein in 1979. It is unclear from the records when this smaller parcel was split off from the remainder of the land ownership. 3. The Stein cabin is an example of the Rustic Style of architecture. According to a report prepared for the City of Aspen's historic preservation program, Rustic Style cabins, used as lodges and residences, first began to be built in the Aspen area in the 1930's and this architectural style continued to be utilized until approximately 1970. Examples of such cabins in Aspen include the Waterman Cabins (7`h and Main) and Deep Powder Lodge, both since demolished, the Swiss Chalets (now the Jewish Community Center site) and the residential cabin at 300 West Main Street. In the County the Snowmass Cottages are an example of the Rustic Style. Rustic cabins can also be found in Redstone and in the Thomasville /Meredith area of the Fryingpan. The Rustic Style's roots lay in the simple pioneer cabin, the vacation homes of the Adirondack Mountains built in the late 1800's, and the entry buildings and guest lodges of the National Park Service in the early 1900's. The style employs native materials in proper scale and with a lack of sophistication that gives the building the feel of having been built by pioneer craftsmen with limited hand tools. JUU620 Buildings constructed in the Rustic Style represented the frontier spirit that many visitors were looking for when they began to vacation in the west in the years after World War II. The report prepared for the City of Aspen states that these buildings attracted "a strange assortment of people- artists, writers, and movie actors who wanted to get away from city life, wealthy sportsmen who wanted a fishing and Tiunting lodge, —m5d- westerners who wanted a summer mountain cottage, eastern couples who wanted to try their hand at ranching, and ski cranks who wanted to start a business, any sort of business, to be close to Aspen's slopes." According to the Colorado Historic Society, typical characteristics of the Rustic Style are "log construction, stone foundation, small paned windows, overhanging roof, stone chimney, and battered walls ". The Stein Cabin certainly possesses these characteristics. The City of Aspen lists the following features to be considered for a structure to be eligible for designation as an example of Rustic Style architecture: • Hand built structures that are constructed out of locally available materials, usually log; stone may be incorporated at the base, or in the form of a fireplace and chimney. Later examples include machine cut logs. • The buildings are usually single story, with a low- pitched gable roof. • True log construction with overlapping log ends, coped and stacked. Logs may be dressed and flattened for stacking or may be in rough form. Chinking infills the irregularities between the logs either way. Machine made buildings mimic these details, though without the chinking. • Window openings are spare and usually horizontally proportioned, wood trim is used to finish out the window openings. • Building plans are simple rectangular forms, with smaller additive elements. • The roof springs from the log wall, and gable ends are often infilled with standard framing. This may be a small triangle or a second level of living space. • The emphasis is on hand -made materials and the details stem from the use of the materials, otherwise the detail and de ' oration is minimal. Again, the Stein Cabin displays many of these distinguishing features, making it a worthy example of rustic architecture in Pitkin County. I ODUJ21 I "III "I"I III' I'II'II HE 41111 1 It$ 13 4 EXHIBIT #3 J I lu�.l 103126 R40 001D90.00 N40.005PITKIN COUNTY CLERK t RESOLUTIO OF O DD RANTONG APPROVAL TO THE STEIN COUNTY 1041 HAZARD REVIEW i � CARE'LAKER DWELLING UNIT AND 1 Resolution No. `1 ,'' 1. Gerald and Carol Stein, her "Applican t ", have applied to the Board of County `� Commissioners of Pitkin County, Colorado, hereafter "Board "> for approval of a detached e� caretaker dwelling unit, and 1041 Hazard Review. The Applicant's lot is zoned AFR -10 and contains approximately 40,000 square feet. 2, �p 3. Said parcel is located at 26685 Highway 82, and is more specifically described in Exhibit "A"' g Pursuant to 4 The Applicant proposes to deed restrict a detached caretaker dwelling urnenvelope for a Section 3- 150.130(B) of the Land Use Code and tohest1041hhazarddreview regulations proposed new single family home according (Section 3 -80)• application at a regularly scheduled meeting on November 20, 5. The Board heard this app was presented with respect to the 1996, at which time evidence and testimony application. �j lication generally complies with the applicable sections of 6, The Board finds that the . np the Code. BE IT RESOLVED by the Board that it does hereby --Z, NOW, THEREFORE, Unit and 1041 Hazard Review, subject to (, grant approval of the Stein Caretaker Dwelling Vthe following conditions: v application and 1. The applicant shall adhere to all material representations made in e app in public meetings. lar 1041 2, Prior to building permit application, the applicant shall record a 24 "x36" mY s the approval of the Community Development Hazard Review Site Plan which meet, site plan shall include the following 1041 Department and the County Attorney. Hazard Review Warning and Disclaimer; "1041 envirod tthe l hazard areas exist improvements, and he use and occupancy that might affect the property, any ation into thereof." The site plan shall also be submitted in a digital format for integr aphic Information system. the County Geogr ilUUJ2 2 01/14/1997 01:49P PG 1 OF 6 REC DOC NOT 400880 pITKIN COUNTY CLERK 8 RECORDER 0.00 cTi UTA DRVIS 1111111 Hill 11u11lilt - .111111111111111111111111111111111 403126 04/04/1997 02:04P RESOLUTION 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 9fj- Page 2 The proposed building envelope shall be modified to exclude all areas within the 100 year floodplain and the required 20' streamside setbacks. A Board of Adjustment variance will be required for any construction within the 200' Highway 82 setback. 3. Building foundations and underdrain system shall be reviewed and certified by a Colorado registered professional engineer. Precautions shall be taken to limit adverse impact on the stability of the slopes to the River and Creek. Foundation plans shall be submitted at the time of building permit application. 4. The applicant shall submit a drainage and "erosion control plan which meets the approval of the County Engineer, prior to the issuance of a building permit. In addition to addressing permanent drainage and erosion control measures, the plan shill include temporary erosion control measures for construction to prevent soil and sediment from impacting the Roaring Fork River and Snowmass Creek. 5. The building site shall be revegetated with native vegetation to limit water consumption and additional runoff within one growing season of project completion. _ All drainage from roofs and paved areas shall be detained on site. 6. No development, including grading or landscaping or vegetation removal shall occur outside of the approved building envelope except as may be necessary to implement the wildfire mitigation measures. This includes landscaping and septic systems. 7. Prior to issuance �f a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. Any wells must meet environmental setback requirements and be within the approved building envelope. 8. The septic system for the development shall meet the approval of the Environmental Health Department. The applicant shall obtain such approval prior to the issuance of a building permit. The sewage disposal system must be located within the building envelope and meet all environmental setback requirements. 9. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 10. The applicant shall obtain a fireplace /wood stove permit with Environmental Health Department prior to the issuance of a building permit. i) J 2 @880 01/14/1997 01:49P PG 2 OF 6 111111 IIIiI 111111 lillltl "'� IIIII IIIII III IIIII IIII Ilil 403126 04/04/1997 02:;tP RESOLUTION 3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK .I Resolution No. 96 Page 3 11. The applicant shall comply with the following wildfire mitigation measures: a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions.) 1) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the sides of structures. In this 10 foot perimeter vegetation shall be maintained at 6 inches or less. 2) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 3) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. _ b. Structural Design and Construction Requirements: 1) Roof construction shall be metal or class a, noncombustible (no wood shake /shingles) material with no flat roofs. 2) ents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. c. The following maintenance measures shall be adhered to: 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 or firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structures 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. 400880 01/14/1997 01 :49P PG 3 OF 6 Uuuj24 1111111 VIII 111111 IIII 1111011 11111 VIII III VIII IIII IIII 403126 04/04/1997 02:( RESOLUTION 4 of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 96 -_ 16 Page 4 d. The following miscellaneous measures shall be adhered to: 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 connect to the structures. 4) Any outbuildings or additional structures shall adhere to the same standards as structures. 5) Fuel tanks shall be installed underground with an approved container. 6) Propane tanks shall be installed according to NFPA 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 two hour fire- resistive construction on the exterior side of the walls. 7) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. - 8) Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 9) All codes and requirements of the Basalt Fire Protection District shall be met. 12. Any fencing shall meet County wildlife standards. 13. The proposed caretaker unit shall be limited to 700 square feet or less. 14. A caretaker dwelling unit deed restriction to the satisfaction of the Housing Office shall be recorded before any building permit approval is granted for any structure on the parcel. 15. The kitchen of the caretaker unit shall contain a minimum of a two -burner stove with oven, standard sink, and a minimum 6 -cubic foot refrigerator with freezer. 16. The floor plan of the caretaker unit shall be provided to the Housing Office for approval prior to application for a building permit for the unit. 400880 01/14/1997 01:49P PG 4 OF 6 �juj25 111111111111 HIS 11111111111 !0"1 11111 III IIIII IIII IIII 403126 04/04/1997 02:04P',. .OLUTION B of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CLERK s �i Resolution No. 96- = �� Page 5 APPROVED AND ADOPTED ON THE -. A Jeaqltte Jones DepEty Clerk and .APPROVED AS TO FORM: John El Co Attorney P84-96 2467 - 272 -00 -016 UUUU26 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO James R. True, Chair Date_ APPROVED AS TO CONTENT: dA41� _ Cindy Houben Community Development Director 01/14/1997 01:49P FG 5 OF 6 s �4. ���Ny ))yy����w��sTK� "Y•r 1111111111111111 l� ���I �I��III IIE lip 403126 04/04/1997 02:04P RESO��tIN 6 of COUNTY CLERK 6 R 0.00 D 0.00 N 0.00 PITKI i EXIIIHIT A , LEGAL DESCRIPTION A parcel of land situated in Tract 74, Section 27, Township 8 South Range 86 West of the 6th P.M. lying Northerly of the Northerly right ^ >' of way lire,. State liiohway No. 82 and Southerly of the Northrtly line of Tract 74, said parcel being de=ibed as follows: :x Beginning at a point on the Northerly Y the of said Tract 74, whew an iron post with a brass cap found in Y•, ' t" . :•.•, place and properly marked for Angle Point 2 of said Tract 74 bears South 88'45' 44" West, 2.00 feet; thence North 88'45'44" Fast, 414.35 feet to a point :n the center 'f the Roaring Fork River; of thern-M South 53054134" East, 67.66 feet al river; ong the center line of said thence' South 21'59'00" hest, 136.75 feet along the center of Srrx.+rass Creel: to a point on the Northerly right of way line of said highway, thence North 69'19'00" west, 446.52 feet a1 y g along the Northerly ri ht of tar! 1 way line of said highway to tle_ Point of Beginning, �. PITKIN COUNTY, COLORADO 4363320 11/15/93 16:17 Rao S40.0Q P 731 PG 377' Silvia Davis, Pitkin Cnty Clerk, Doc S.00 400880 01/14/1997 01:49P PG 6 OF 6 i UUU 2`7 .�t EXHIBIT #4 RESOLUTION OF THE BOARD OF COUNTY CONMISSIONERS OF PITKIN COUNTY, � o __J U vy >- COLORADO, GRANTING APPROVAL FOR EXTENSION OF VESTED REAL PROPERTY '3 c RIGHTS FOR THE STEIN PROPERTY cc ca ° = Resolution No.0�7-2000 FY Ms9L RECITALS 1. Gerald Stein (-'Applicant") has applied to the Pitkin County Board of County Commissioners sw ( "BOCC ") to consider an extension of vested real property rights pursuant to Section 4 -I -10.30 of = m the Land Use Code. m ? The property is located at 26685 Highway 82 and is more specifically described in the attached Exhibit "A". a� 3. The property is zoned AFR -10 and contains approximately 40,000 square feet. �co r 4. The BOCC heard this application at a duly noticed public hearing on April 26, 2000 at which time " r evidence and testimony were presented with respect to this application. 5. The BOCC has determined that the proposed development meets the criteria established in Section 4- 140 -30 of the Land Use Code, and therefore found the extension to be 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 to the Stein property subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material tepresentations made in the application and in the public meetings. 2. The applicant shall establish a building envelope on the recorded site plan that is approved by the Planning Department and encompasses the existing residence, septic system and parking area and avoids the 100 year floodplain. 3. Prior to submittal of any building permit applications, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5 -70 -040 of the Land Use Code. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS). 1. Development that exceeds 30 inches in height within a required setback shall require approval from the Board of Adjustment. This includes development within the approved building envelope. 5. The conditions specified in the Stein 1041 Hazard Review granted January 8th, 1997 pursuant to BOCC Resolution No. 97 -46 shall remain in full effect, except as amended herein. 6. Outside illumination shall comply with County lighting standards in effect at the time of installation. 7. Roofs shall have a Class A, non - combustible roof system. Wood shake /shingle roof coverings and flat roofs (up to 3:12 pitch) are prohibited in all wildfire hazard areas. u;uuLi28 Rcsolutum No. azL -_000 Page 2 8. The Applicant shall maintain appropriate wildfire defensible space standards as defined inPitkm County Code Section 3- 80- 070(C)(2). 9. The vested rights for the approval contained herein shall expire on April 26, 2003. 2 of 4 R 0.00 0 0.00 N 0.00 PITNIN COUNTY CO UJUU219 Rcso Iuuon No,� 'UUU Paee 3 NOTICE OF PUBLIC HE ARING PUBLISHED IN THE ASPEN TIMES ON THE 25TH DAY OF MARCH 2000. APPROVED AND ADOPTED ON THE 26TH DAY OF APRIL 2000. VESTED RIGHTS NOTICE PUBLISHED ON THE ,2,L- DAY OF Mfl y 2000. ATTEST: i ZZ2. .' I1 Ly0ee R. Dean, Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, ; County rney Case# PI1 -00 PID# 246727200016 BOCC OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Shellie Roy Harper, Chair Date: 6'S -moo APPROVED AS TO CONTENT: lGl�lr2 " &'� C-g Cindy Houben, M(io'aa Community Development Director 111111111,1111111111111111111111111111111111111111111111 443938 06/06/2000 11:03A RESOLUTI DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO UUUU30 LEGAL DESCRIPTION Our Order No. Q380814 A PARCEL OF LAND SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE, STATE HIGHWAY NO. 82 AND SOUTHERLY OF THE NORTHERLY LINE OF TRACT 74, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74, WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OF SAID TRACT 74 BEARS SOUTH 88 DEGREES 45'44" WEST, 2.00 FEET; THENCE NORTH 88 DEGREES 45'44" EAST, 414.35 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE SOUTH 53 DEGREES 54'34" EAST, 67.66 FEET ALONG THE CENTER LINE OF SAID RIVER; THENCE SOUTH 21 DEGREES 59'00" WEST, 136.75 FEET ALONG THE CENTER OF SNOWMASS CREEK TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE NORTH 69 DEGREES 19'00" WEST, 446.52 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO 1111111111111111111111111111 fill 1111111 III11111 fill IN 443938 06/06/2000 11:03A RESOLUTI DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO juuAl EXHIBIT #5 Responses to Standards for Reduction of Riparian Setback The applicant offers the following responses to the standards of Section 7 -20 -80 (4) to demonstrate the appropriateness of reducing the stream setback on this property to 50': Slopes adjacent to the protected features are less than thirty (30) percent. Response: The only areas on this property with slopes in excess of thirty (30) percent are immediately below the top of bank of the Creek and River. Neither of these areas is proposed to be included within the activity envelope 2. Highly erodible soils or unstable stream bank conditions are not present. Response: There are no highly erodible soils or unstable stream bank conditions present within the proposed activity envelope. 3. The proposed use of the property does not represent a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). Response: The proposed single family residence does not represent a special hazard to water quality or wetlands. Re- development of the property will allow the on -site sewage disposal system, which is currently located below the house and too close to the River, to be moved away from the River to an upland location that is more than 100' from the high water mark. This will be a benefit, not a hazard, to water quality. 4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. Response: The 100 year floodplain does iot encroach into the area of the requested setback reduction. 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic movements and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction being requested. Response: The area in question sits approximately 12 -14' above the elevation of the high water mark along the Roaring Fork River and approximately 10' above the elevation of Snowmass Creek. This portion of the property has been altered by human occupancy for the last 65 years (since at least 1947). It does not have the kinds of natural features that the County is trying to protect with this Code section. UUUU'32 6. Habitat for plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested. Response: The applicant is not aware of any habitat for such federally listed plant or animal species or habitat that exists on the property. 7. Habitat for plant, animal or other wildlife species listed by the State of Colorado as rare, threatened, or endangered species of special concern, or species of undetermined status does not exist within the setback reduction being requested. Response: The applicant is not aware of any habitat for such state listed plant or animal species or habitat that exists on the property. B. The area within the setback reduction being requested is not needed to prevent or minimize flood damage by preserving storm and flood water storage capacity. Response: No development of any type is proposed within the 100 year floodplain so there will be no adverse impacts from the setback reduction on storm and flood water storage capacity. 9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. Response: No such areas would be affected by the proposed setback reduction. 10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archaeological, scenic or scientific interest. Response: The area within the proposed setback reduction is not classified as being of special recreational, historical, archaeological or scientific interest. Considering the above responses, the applicant respectfully requests approval of Activity Envelope Option B: 50' Setback for this property. UJ��i33 DRAWINGS JLJUU34 w � - NE Eg i ►t `� E oc mom °m° � f,•- C ti b/i .. ���1y(����0 �. asVWMONS SO r ors 2 z z 'r � i 4 4 4 - • i. 1 a ti r • I � r�trrr iii p rwr •.M 11 �dg AM t I Y. .au• � n � CD c• 0 ca a,$5 +�tl tg;p 9�3 N r. eS, 4, ={13 a,a q q�„ 1 I!I .Co a r� N° N R 1Ay, c� ce i, 3 �D �P 3g SP A} A' g c > � 6 j@i �D C�C�DO< 3' n u >mv JI �� m. 0 Z _ ea Y Z I I I 9 I`6 / 1 ea Y Z I I / / / i / I/ 0 0 a3 0 / Y a y Y i � Y U � 4 4IItt � d B i T G ^' $ ti4 � V N o y o N m A S 0� �7 4 / / / / i / I/ 0 0 a3 0 / Y a y Y i � Y U � 4 4IItt � d B i T G ^' $ ti4 � V N o y o N m A S 0� �7 4 S� i m` na. r x m M x tq O S tq =ei ti x 5 tj x o gT a KL ti r a^zv= a �m N a C A e� PN V 80 m � 1 A�f1 f i N zzrF� -x P-�.mvmmn � <mmno�inn�n000 iii, -, < mmmmmmm9z.¢mm 000 � VVVVVVGVVwN4V m PPPdmPPPP000Pa aaaaaa aOMAa O y� aaa� T q O O E \!I D �T ti 7 4 F O s y R NY T i � b` cngu �I Sj3 1, „ Op N !� S III I'll y� T J I1�o b � 3 Na 5q oR i11aaIR -al e j oaoF ^ERR$ 4 $ �f �3'fn m v Qi � ibT i DR e��=m ;; $ R9 � f H 0 N 9 H U 0 0 G' Ga �o 1 a 3 E x m° a A r p9 x m Y I O r, 8 *Fm o Q � f9 Z z�rx. _xnrmonms n Poop «N � /CLI.L Lry9Lry L(L9L(��L L-- ~1-�4Lt a mmmmmR�iTmInn222TT ~ � EE 00 >PT - T PPTTPTPTPOOOPO paaaa as aWNWa � ON> T � aaa N O O O E �i ho Wp to G� I� 11 I D ti NOR a H K M x W t- o 0 M O 1 IN fa 1 0 y 9 I a a 4 �a a r 5 / 9 '� vQ �w 9 -IJ C-4 1� PP c Ste' e r0 177j �N °q R gl 1 I MT s -"P ° ions o ;fir a o: N9 C :s _ s to tq a� g- n- o a rp qN oR 0 Zo 1 0 y 9 I a a 4 �a a r 5 / 9 '� vQ �w 9 -IJ C-4 1� PP c Ste' e r0 177j STEIN APPLICATION FOR DESIGNATION OF ACTIVITY ENVELOPE SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920 -1125 MAY, 2012 000001 0-� q TABLE OF CONTENTS PAGE I. Project Description .............. ............................... 1 A. Application Request ......... ............................... 1 B. Description of Property and Proposed Activity Envelope ........... 2 II. Standards for Designation of Activity Envelope ...................... 5 A. Steep and Potentially Unstable Slopes ......................... 5 B. Water Courses and Drainage .. ............................... 6 C. Floodplain Hazards .......... ............................... 7 D. Wildfire Hazards ............ ............................... 8 E. Wildlife Habitat Areas ....... ............................... 14 F. Riparian and Wetland Areas and Buffers ....................... 15 Conclusion .................... ............................... 18 EXHIBITS #1. Warranty Deed #2. Letter Authorizing Submission of Application #3. Pre - Application Conference Summary #4. BOCC Resolution No. 97 -46 #5. BOCC Resolution No. 077 -2000 #6. List of Owners Within 300' of Property DRAWINGS Vicinity Map Drawing Illustrating Previously Approved (1996) Building Envelope Proposed Activity Envelope Plan: Option A Proposed Activity Envelope Plan: Option B 000002 I. PROJECT DESCRIPTION A. Application Request This is an application to designate an activity envelope on a nearly 1 acre metes and bounds parcel in unincorporated Pitkin County. The property's street address is 26625 State Highway 82 Snowmass. The Parcel ID# for the property is 246727200016. A vicinity map showing the location of the property is included in this application booklet. The application is being submitted by the owner of the property, Dr. Gerald S. Stein (hereinafter, "the applicant "). Proof of the ownership of the property is provided in the Warranty Deed, attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services, Inc. for this application. A letter from the applicant confirming this arrangement is attached as Exhibit #2. A pre - application conference was held with the Community Development Department. The Pre - Application Conference Summary issued by the staff (see Exhibit #3) states that the review procedures applicable to the proposed development are as follows: Designation of an Activity Envelope, pursuant to Land Use Code Section 7- 10 -50. The applicant hereby also requests that once it is designated the Activity Envelope be granted Vested Rights Status, pursuant to Section 2 -20 -170 of the Pitkin County Land Use Code. The Pre - Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicant to designate an Activity Envelope for the property: Section 7- 20 -20: Section 7- 20 -30: Section 7- 20-40: Section 7- 20 -60: Section 7- 20 -70: Section 7- 20 -80: Steep and Potentially Unstable Slopes; Water Courses and Drainage; Floodplain Hazards; Wildfire Hazards; Wildlife Habitat Areas (low hazard); and River and Stream Corridors and Wetlands. The following sections of this application identify the Code provisions applicable to these procedures and provide responses to the applicable County standards. First, however, a brief description of the property and an explanation of the proposed activity envelope are presented below. Stein Activity Envelope Review Page 1 000003 B. Description of Property and Proposed Activity Envelope The subject property is a nearly triangular shaped parcel of land that is approximately 0.896 acres (39,029 sq. ft.) in size. As depicted on the vicinity map, it is bounded on three sides by prominent physical features, these being State Highway 82, the Roaring Fork River, and Snowmass Creek. The parcel is improved with a small log cabin. The Assessor's records indicate that this two bedroom single family residence contains approximately 1,184 sq. ft. of floor area on two levels, plus an unfinished basement. The cabin was built in 1947, at approximately the same time as the neighboring cabins, which are commonly known as the Snowmass Cottages. Those cabins were recently placed on the historic register by the County and it would appear that the cabin on the subject property also has historic significance. The property is zoned AR -10, a zone district with a minimum lot size of 10 acres. Therefore, the property is a non - conforming sized parcel of record. Section 9 -20 -10 of the Land Use Code states that a single family residence is an allowed use on a lot that is substandard as to size. The cabin on the property is also non - conforming as to setbacks, since the Land Use Code requires that structures have a 100' setback from Highway 82 and the cabin sits well within this setback. The subject property is a relatively flat parcel of land. According to the topographic survey, the only areas of the property having slopes in excess of 15% are the areas below the top of bank along the River and the Creek. The property contains more than a dozen mature Spruce and Cottonwood trees with a caliper size in excess of 6 ". The activity envelope plan that accompanies this application shows the locations of these valued trees. Snowmass Creek runs through the eastern edge of the property. The Roaring Fork River runs along and beyond its northern boundary. The bank drops nearly straight down to the edge of the water of Snowmass Creek, making the high water mark along this body of water just below the top of bank. The high water mark along the River is somewhat more difficult to ascertain, since it is clearly well below the top of the bank. The applicant has defined the vegetation line that is found between the edge of the water and the top of the bank as the high water mark from the River. In 1996 the applicant submitted an application to Pitkin County requesting 1041 approval for this property. The applicant proposed to build a new residence "located as far from the highway as possible, behind several very large evergreen trees that will serve as a buffer from the noise and grit that is created by the highway ". The applicant also proposed to preserve the existing log cabin and convert it into a detached caretaker's residence. Stein Activity Envelope Review Page 2 000004 The 1996 application was approved by the Board of County Commissioners pursuant to Resolution 96 -318, later re- recorded and re- numbered as Resolution 97-46 (see Exhibit #4). In approving the building envelope the BOCC directed the applicant to revise the envelope so its boundaries would follow the 100 year floodplain, giving it a setback of approximately 30' from the high water mark of the Roaring Fork River and 20' from Snowmass Creek (see condition #2). However, a final version of the 1041 site plan was never produced or recorded by the applicant. A reduced size version of the original site plan is included in this application and it is easy to see how its proposed boundaries were to have been revised to follow the FEMA 100 year floodplain line. In 2000 the applicant requested and the Board of County Commissioners granted an extension of the vested rights for the 1041 approval (see Resolution 077 -2000, attached as Exhibit #5). A subsequent vested rights extension application was submitted in 2003 but at this time the Board decided not to extend the vested rights for second time. Since the time of the original land use approval the Land Use Code has been amended to require a 100' setback from the high water line along the Roaring Fork River and Snowmass Creek. The location of the 100' setback has been shown on the proposed activity envelope plan labeled, "Option A: 100' Setback ". This drawing shows that if the applicant is required to abide by the 100' setback then the most suitable portion of the property which was previously included in the activity envelope will now be excluded from the activity envelope. Instead, the activity envelope will basically be confined to the area where the old cabin is located and the narrow western corner of the property. The western (triangular) corner of the envelope will be needed for on -site sewage disposal because it allows for the necessary separation from the well and an adequate setback from the River and Creek to meet Environmental Health standards. So the only developable location within this envelope is where the existing cabin is situated Designation of this envelope will therefore have the following negative consequences: 1. The new residence will be highly visible to travelers along Highway 82. Moreover, the residential character of the property will be considerably diminished by the noise, dust, lights and other impacts of being adjacent to a busy State Highway. These impacts will take all economic value away from this property and make it virtually worthless as a residential development parcel. 2. The envelope will be located entirely within the 100' setback from Highway 82, meaning that any re- development of this property will require a substantial setback variance from the Board of Adjustment. 3. Although the cabin clearly has historical significance, requiring the activity envelope to be drawn in this configuration will result in its demolition rather than its preservation. The applicant would prefer to preserve this structure and build a new Stein Activity Envelope Review Page 3 ;00"005 structure just up- valley (east) of the cabin. In an effort to provide for some reasonable use of and economic return on the property, the applicant has also submitted an alternative activity envelope plan labeled "Option B: 50' Setback ". This option would expand the activity envelope to the east of the cabin, creating a spot for a new residence. The benefits of this envelope are that it is set back further from the Highway and it provides a building area that is situated behind the mature trees and also behind the existing berm along the front of the property, thereby sheltering the new home from the impacts of the Highway. This envelope is similar to the envelope that was previously approved for this property by the Board of County Commissioners, but it has a greater setback from Snowmass Creek (50' vs. 20') and the Roaring Fork River (50' vs. 30') than was previously approved. The applicant hereby petitions the County to accept Option B, which offers such clear community -wide benefits. A further explanation of how approval of this option is consistent with the County's standards for development in riparian areas can be found in Section II.E of this application booklet. As a condition of approval of this option, the applicant will agree to designate the existing cabin to the Pitkin County Historic Register. Considering the recent designation of the Snowmass Cottages to the Register, this would ensure the preservation of a cluster of historic structures in and around the original Snowmass settlement. The conformance of the proposed activity envelope with the applicable standards of the Land Use Code is addressed in the sections which follow. Stein Activity Envelope Review Page 4 000006 II. STANDARDS FOR ACTIVITY ENVELOPE /SITE PLAN REVIEW Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicant's responses to the applicable standards of that chapter, as specified in the pre - application summary form. A. Steep and Potentially Unstable Slopes (Sec. 7- 20 -20) Section 7 -20 -20 of the Land Use Code provides standards for development on slopes of less than 30 %, 30% to 45 %, and 45% and greater. The activity envelope plan depicts topography throughout the property, illustrated as two foot (2') contours. An analysis of the slopes on the property demonstrates that there are no areas within the proposed activity envelope with slopes in excess of 30 %. Therefore, all proposed development will occur on slopes of less than 30 %, as permitted by Sec. 7 -20 -20 (d) of the Land Use Code. No development is proposed on slopes in excess of 30% on the subject property. Therefore, no further response to the provisions of Sec. 7 -20 -20 (b), (c), or (e) of the Code is required. Stein Activity Envelope Review Page 5 U B. Water Courses and Drainage (Sec. 7- 20 -30) (b) Encroachment or Channeling. No encroachment or channeling activities are proposed in Snowmass Creek or the Roaring Fork River. (c) Drainage. A drainage report and plan describing how to ensure the developed runoff volumes do not exceed that of the undeveloped site will be prepared as part of the site plan application for this parcel. (d) Groundwater. No activities are proposed that would interfere with groundwater recharge or pollute groundwater. No contaminants will be introduced to groundwater as a result of the proposed development. (e) Irrigated Areas. Re- development of this site will have no affect on water supplies available for irrigation or any water rights. (� Irrigation Ditches. The will be no impacts to irrigation ditches as a result of this application. (g) Sedimentation. The applicant will comply with the County's standards for controlling sedimentation. A plan will be prepared as part of the building permit application package that locates and describes the erosion and sedimentation control measures that will be installed during construction. Sediment barriers, to include straw bales, silt fences and similar filtering devices, will be placed down - slope of all disturbed areas. Disturbed areas will be re- vegetated no later than one growing season after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw. (h) Water Quality. (1) The applicant's compliance with the County's stream setback standards is addressed in Section ILE of this application. (2) The applicant will comply with those state and federal statutes and regulations concerning water quality that may apply to the proposed development. (i) Efficient Water Use. The applicant will comply with this standard. Stein Activity Envelope Review lyU00131 Page 6 C. Floodplain Hazards (Sec. 7- 20-40) The activity envelope plan shows the 100 year floodplain boundary as mapped by FEMA. The review standards for development in floodplain hazard areas are found in Section 7- 20-40 (b) (2) of the Code. Following are the applicant's responses to these standards. (1) All activity and development is prohibited within the 100 year floodplain except as specifically permitted in this subsection (b) or by subsections (c), (d), or (e), below. Response: No development is proposed within the 100 year floodplain. Both options for the proposed activity enveloped have been drawn to exclude all land that is within the 100 year floodplain. (2) Within the 100 year floodplain, no use, fill, construction, excavation, embankment, or alteration on or over any portion of the floodplain shall be permitted that would result in any of the following: (a) The storage or processing of materials that in times of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. (b) The disposal of garbage or other solid waste materials. (c) The human occupation of structures, either fixed or mobile, permanent or temporary. (d) Substantial solid debris being carried downstream by flood waters. (e) Any obstruction which would impair the flow or storage capacity of a floodplain so as to cause foreseeable damage to others either within or outside of floodplain boundaries. (f) A substantial increase in sedimentation or erosion. (g) The infiltration of floodwaters into on -site water supply and wastewater disposal systems which would impair their functioning or pollute the stream. (h) Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands and riparian habitat areas. Response: The proposed development does not involve any of the above - listed activities and will not cause any of the above - listed impacts. Stein Activity Envelope Review Page 7 D. Wildfire Hazards (Sec. 7- 20 -60) During the pre - application conference with staff, the applicant was informed that the County's wildfire hazard maps designate this site as being in a wildfire hazard area. It is the applicant's understanding that these maps designate this area as being subject to low to moderate wildfire hazards. Because this property is subject to a low to moderate degree of wildfire hazard, Section 7- 20-60 (a) of the Code does not require the applicant to conduct a site visit to the property with one of the County's designated wildfire experts, so no such site visit was conducted. The mitigation standards for development in wildfire hazard areas are found in Section 7- 20-60 of the Land Use Code. Following are the applicant's responses to these standards. (1) Defensible Space (a) Brush, debris, and non - ornamental vegetation shall be removed within a minimum ten (10) foot perimeter around the structure. Response: The applicant will comply with this requirement. (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a thirty (30) foot perimeter around a structure built on flat ground. Response: The applicant will comply with this requirement, except that that the existing conifer trees should be allowed to remain in their present locations as the trees have significant natural value and need not be thinned given the low to moderate hazard that is present on the site and its relative proximity to the Basalt and Snowmass fire stations. (c) Spacing between clumps of brush and vegetation within 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 two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Response: The applicant will comply with this requirement. (d) All branches from trees and brush within the thirty (30) foot perimeters shall be pruned to a height of 10 feet (10) above the ground, and removal of ladder fuels from around trees and brush. Response: The applicant will comply with this requirement. Stein Activity Envelope Review Page 8 000010 (e) 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 re- generation, understory shrubs and down and dead materials shall be removed. Response: The applicant will comply with this requirement, except that the mature conifer trees should also be exempt from this requirement to preserve their natural appearance, particularly since this is not a severe hazard site and it is located relatively close to the Basalt and Snowmass fire stations. (t) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of the chimneys shall be removed. Response: The applicant will comply with this requirement. (g) 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. Response: The applicant will comply with this requirement. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. Response: The applicant will comply with this requirement. (i) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Response: The applicant will comply with this requirement. 6) No new conifer trees shall be planted within ten (10) feet of a residence. Response: The applicant will not plant new conifer trees within 10' of a residence. The existing conifer trees will remain in their present locations, some of which may be within 10' of the residence due to the very limited size of the proposed envelope. (k) No flammable mulches shall be placed within two (2) feet of a residence. Response: The applicant will comply with this requirement. 2. Access (a) Access roads and driveways shall be built to County standards, however, these standards may be increased to mitigate wildfire hazards based on comments Stein Activity Envelope Review 600011 Page 9 provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts, and /or a person approved by the County as an expert in wildfire areas and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access /egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicle turnaround areas a maximum of seven hundred -fifty feet (750) apart, installed between the road intersection and its terminus. Tumaround areas shall be the same standard as cul -de -sac tumaround pads; these may be incorporated in the proposed driveway entries. Response: There is an existing driveway in place. The applicant does not propose any changes to this driveway at this time. (b) New dead -end streets (no cul -de -sacs) shall not be permitted, except for cul -de- sacs and other turnarounds accepted by the applicable local fire district. Response: No new streets are proposed. (c) Cul -de -sac tumaround pads shall have a minimum of a thirty foot (30) drivable surface inside turning radius, or a hammerhead or other T -tum area acceptable to the applicable local fire district. Response: The applicant will demonstrate compliance with this requirement at the time of site plan review. (d) New driveways and access roadways shall enter the roadway at a ninety (90) degree angle for the first twenty -five feet (25) of the driveway. Response: The applicant does not plan any changes to the existing intersection of the driveway with State Highway 82. (e) Fuel breaks, as recommended by a wildfire expert approved by the County, may be incorporated into the design of access roads or driveways. Response: The applicant does not propose to install a fuel break at this time. 8. Water Supply for Fire Safety (a) When access to a public or private pressurized water system is not available, or if it is necessary to augment the fire protection water systems, private ponds may be Stein Activity Envelope Review Page 10 U U ,_ 2 used if approved by the Community Development Department and the Fire District. Response: The applicant will follow the recommendations of the Basalt Fire Marshal. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district, with a minimum of one thousand (1, 000) gallon storage capacity per structure. Response: The applicant will follow the recommendations of the Basalt Fire Marshal. (c) Regardless of size, all structures where humans congregate regularly (including detached garages and horse bams) that are located within areas identified as containing "C - Severe Hazard: Trees ", or "X - Severe Hazard: Brush" wildfire hazard shall be required to install in -house sprinkler systems which meet the standards of the local fire protection district and the adopted building code. Response: This property is not rated as a severe wildfire hazard area. (d) All structures greater than five thousand (5,000) square feet in size shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the adopted building code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. Response: The applicant will comply with this requirement if the proposed house is 5,000 sq. ft. in size or greater. 4. Roofing Materials and Projections At And Below Roof Line (a) Low Hazard Area. 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. C. All other Building Code compliant methods and materials permitted. Stein Activity Envelope Review 000013 Page 11 Response: The applicant will comply with these requirements. (b) Medium Hazard Area; and (c) Severe Hazard Area. Response: Not applicable (d) All Hazard Areas. Roofs with less than a 3:12 pitch are not permitted in low, medium, or severe wildfire areas unless they comply with the following: 1. All roofs coverings shall be constructed of non - combustible materials and installed on a Class A assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 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 slope 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. Response: The applicant will comply with these requirements. 5. Maintenance and Miscellaneous Requirements (a) Roofs and Gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth inch (114') maximum. (c) Yards shall be kept clear of all litter, slash, and flammable materials. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15) away from the structure. (e) Weeds and grasses within the ten foot (10) perimeter shall be maintained to a Stein Activity Envelope Review 0 00.1 4 Page 12 height of not more than six inches (6'). (� Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen feet (159 away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to the structure. 6) Fuel tanks shall be installed underground with an approved container. (k) 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 mitigation around any above - ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior of the walls. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two inch (2') 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. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department, and the local fire protection district may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. Response: The applicant will comply with all of these requirements. Stein Activity Envelope Review OOCIO15 Page 13 E. Wildlife Habitat Areas (Sec. 7- 20 -70) According to the pre - application conference summary, the property is not located within or adjacent to a designated wildlife habitat area. Therefore, staff has advised that the applicant is not required to respond to this section of the Land Use Code. Stein Activity Envelope Review 000016 Page 14 F. Riparian and Wetland Areas and Buffers (Sec. 7- 20 -80) Section 7 -20 -80 (a) (2) (a) of the Land Use Code establishes the following requirements for new development: All activity and development after the 5th of July, 2006 shall maintain a riparian area/wetland buffer of at least one hundred (100) feet measured horizontally from the identifiable high water line of each feature identified in subsections (a)(1)(a) and (b) above. This one hundred (100) foot setback may be reduced to between one hundred (100) feet and a minimum of fifty (50) feet upon demonstration by the applicant that such reduction shall not result in water quality degradation, stream bank erosion and /or a reduction in the quality of riparian or wetland habitat pursuant to standards in Section 7- 20-80 (4). In response to this standard, the applicant has submitted two alternative activity envelope plans. Option A depicts an envelope that is set back from the high water marks of Snowmass Creek and the Roaring Fork River by the full 100'. This activity envelope is limited to the area where the old cabin is located and the narrow western corner of the property. Given the awkward configuration of this envelope and the presence of the existing siphon and ditch that take drainage from Highway 82 (located immediately west of the cabin), the only area where a new residence could be built is where the existing, historically significant cabin is located. The remainder of the envelope will be needed for the on -site sewage disposal system, the access driveway and the vehicle turn around area. There is no reasonably developable area on Option A. Therefore, Option A would deny the applicant all reasonable use of and economic return on the property. Option B would reduce the stream setback to 50', pursuant to the provisions of Code Section 7 -20 -80 (4). This activity envelope provides the opportunity to preserve the cabin and to place the new residence just up- valley of the cabin, where it can be better shielded from the Highway by the existing mature trees and the berm. This area has already been altered by the more than 60 years of occupancy that has occurred on this property, so it does not contain "natural features" that require protection. Moreover, this area sits 10' -14' above the elevation of both the River and Creek, so its development will not impact riparian vegetation or wildlife features that the County would want to have preserved. The applicant offers the following responses to the standards of Section 7 -20 -80 (4) to demonstrate the appropriateness of reducing the stream setback on this property to 50': 1. Slopes adjacent to the protected features are less than thirty (30) percent. Response: The only areas on this property with slopes in excess of thirty (30) percent are immediately below the top of bank of the Creek and River. Neither of these areas is proposed to be included within the activity envelope Stein Activity Envelope Review Page 15 ODU L7 The applicant offers the following responses to the standards of Section 7 -20 -80 (4) to demonstrate the appropriateness of reducing the stream setback on this property to 50': Slopes adjacent to the protected features are less than thirty (30) percent. Response: The only areas on this property with slopes in excess of thirty (30) percent are immediately below the top of bank of the Creek and River. Neither of these areas is proposed to be included within the activity envelope 2. Highly erodible soils or unstable stream bank conditions are not present. Response: There are no highly erodible soils or unstable stream bank conditions present within the proposed activity envelope. 3. The proposed use of the property does not represent a special hazard to water quality or wetlands (e.g., storage or handling of hazardous or toxic materials). Response: The proposed single family residence does not represent a special hazard to water quality or wetlands. The on -site sewage disposal system, which is currently located below the house and too close to the River, will be moved away from the River to an upland location that is more than 100' from the high water mark. This will be a benefit, not a hazard, to water quality. 4. The one hundred (100) year or intermediate regional flood zone does not encroach into the setback reduction requested. Response: The 100 year floodplain does not encroach into the area of the requested setback reduction. 5. Trees, shrubs, or other natural features that provide for stream bank stability, enhance wildlife or aquatic movement within a stream corridor, provide habitat enhancement for aquatic movements and riparian area protection do not exist, or will be unaffected by the proposed activity or development within the setback reduction being requested. Response: The area in question sits approximately 12 -14' above the elevation of the high water mark along the Roaring Fork River and approximately 10' above the elevation of Snowmass Creek. This portion of the property has been altered by human occupancy for more than 60 years (since at least 1947). It does not have the kinds of natural features that the County is trying to protect with this Code section. Stein Activity Envelope Review Page 16 u��v�t3 6. Habitat for plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction being requested. Response: The applicant is not aware of any habitat for such federally listed plant or animal species or habitat that exists on the property. 7. Habitat for plant, animal or other wildlife species listed by the State of Colorado as rare, threatened, or endangered species of special concem, or species of undetermined status does not exist within the setback reduction being requested. Response: The applicant is not aware of any habitat for such state listed plant or animal species or habitat that exists on the property. 8. The area within the setback reduction being requested is not needed to prevent or minimize flood damage by preserving storm and flood water storage capacity. Response: No development of any type is proposed within the 100 year floodplain so there will be no adverse impacts from the setback reduction on storm and flood water storage capacity. 9. The area within the setback reduction being requested is not needed to protect fish spawning, breeding, nursery and feeding grounds. Response: No such areas would be affected by the proposed setback reduction. 10. The area within the setback reduction being requested is not needed to preserve areas of special recreational, historical, archaeological, scenic or scientific interest. Response: The area within the proposed setback reduction is not classified as being of special recreational, historical, archaeological or scientific interest. Considering all of the above responses, the applicant respectfully requests approval of Activity Envelope Option B: 50' Setback for this property. Stein Activity Envelope Review Page 17 GI 0001 "' III. CONCLUSION The applicant has responded to all applicable criteria of the Pitkin County Land Use Code, pursuant to direction given during the pre - application conference. Sufficient evidence has been provided of the project's compliance with said criteria, and commitments have been made to insure that the proposed development will mitigate its development impacts. The applicant has demonstrated that requiring the activity envelope to have a 100' riparian setback is not in the community's best interests and would deny the applicant all reasonable use of and all economic return on this property as a residential site. Therefore, the applicant requests that this parcel be designated with a 50' riparian setback. The applicant will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. Stein Activity Envelope Review Page 18 0061021 EXHIBITS 0 0 0 "", i RECEPTION #: 588463, 04/24/2012 at 01:37:33 PM, 1 OF 1, DF $0.00 Janice K. Vos Caudill, Pitkin County, CO Mill W1PhiWO RAIN I0hi4CAW&Wd,h 11111 RecepRetion#: 817597 04/20/2012 09:60:05 AM Jean Rlberico 1 of 1 c Fee:$11.00 Doc Fee,0.00 GARFIELD COUNTY CO QUITCLAIM DEED THIS DEED, made t 's Z� day of J4�(� l 1, between GERALD S. ST I , of the County of and State of Grantor, and GERALD S. STEIN, M.D., REVOCABLE TRUST, DATED JANUARY 3, 2011, GERA} L) TEIN, M.D., SETTLOR AND TRUSTEE, whose legal address is: - -- of the Co t of rrV and State of "" S11 6 Grantee: Vol 4 2 n R $11.00 WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents do remise, release, sell, convey and Quit Claim, unto the Grantee, its heirs, successors and assigns, forever, all the right title, interest, claim and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in Pitkin County, State of Colorado, described as follows: Track 74, Section 27, Township 8, Range 86, part of Section 27 -8 -86, described by M/B book, Page 471, also known by street and number as: 26625 Highway 82, Snowmass, Colorado 81654. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth abov Gerald S. Stein STATE OF " Q ) j ss. COUNTY OF I- The foregoing instrument was acknowledged before me this VA— day of 2011, by Gerald S. Stein, Grantor. My commission expiresG ue7 ,015 Quitclaim Deed U61022 Witness my hand and official seal. a Notary Public 0�_ Q t-, cr E-A. d 801 Colorado Avenue ©kawood Springs, Colorado r Z O p•1 EXHIBIT #1 rwl...,...rw12th a.,.+ December A. o.tiT3 X1:54 :ax.Py Loretta Barnte Warranlg 15reb DEC 121979 Know all ii{rit it these 11resents, T1taL- TUDOR LAND COMPANY, INC. a calnrad cokporation of the County of P-1 _Paso and State of- _ Colorado for the consideration of One Dollar and other good and valuable considerations, in hand paid, hereby sell and convey to GERALD STEIN anclS,AROL A. NEWTON, as Tenants in Common of the County of San Francisco _ amt State of . _ California 1W /WJIW /1 whose mailing address is 2811 Jackson St. , San Francisco, California 94115 thq following Real Property situate in the County of _ Pitkin and State of Colorado, (Assessor's Schedule Number —__ —) to -wit: That part of Tract 74 of Section 27, Town --hip 8 South, Range 86 West of the 6th P.M., described as follows: Beginning at a point which is Corner No. 2 (The Northwest Corner) of Tract 74, thence Easterly along the North line of said Tract 74 to the point of intersection with the center line 6f the Roaring Fork River, thence extending along the center line of the Roaring Fork River to its junction with Snowmass Creek, thence along the center line of Snowmass Creek to its intersection with the Northerly right of way line of Colorado liighwAy 82, thence Northerly along the right of way of said highway to the point of beginning. with all its appurtenances and warrant(s) the title to the same. subject to See Exhibit "A" attached hereto and incorporated herein. f-° apii delivered this 10th --day of December Ig 79 TUDOR LAND COMPANY, INC. r s a Color adoo corporation By �c�c ?°' M SI DENT -. STATE OF COLORADO EXHIBIT #1 rwl...,...rw12th a.,.+ December A. o.tiT3 X1:54 :ax.Py Loretta Barnte Warranlg 15reb DEC 121979 Know all ii{rit it these 11resents, T1taL- TUDOR LAND COMPANY, INC. a calnrad cokporation of the County of P-1 _Paso and State of- _ Colorado for the consideration of One Dollar and other good and valuable considerations, in hand paid, hereby sell and convey to GERALD STEIN anclS,AROL A. NEWTON, as Tenants in Common of the County of San Francisco _ amt State of . _ California 1W /WJIW /1 whose mailing address is 2811 Jackson St. , San Francisco, California 94115 thq following Real Property situate in the County of _ Pitkin and State of Colorado, (Assessor's Schedule Number —__ —) to -wit: That part of Tract 74 of Section 27, Town --hip 8 South, Range 86 West of the 6th P.M., described as follows: Beginning at a point which is Corner No. 2 (The Northwest Corner) of Tract 74, thence Easterly along the North line of said Tract 74 to the point of intersection with the center line 6f the Roaring Fork River, thence extending along the center line of the Roaring Fork River to its junction with Snowmass Creek, thence along the center line of Snowmass Creek to its intersection with the Northerly right of way line of Colorado liighwAy 82, thence Northerly along the right of way of said highway to the point of beginning. with all its appurtenances and warrant(s) the title to the same. subject to See Exhibit "A" attached hereto and incorporated herein. f-° apii delivered this 10th --day of December Ig 79 TUDOR LAND COMPANY, INC. r s a Color adoo corporation By �c�c ?°' M SI DENT 'it joint tenancy is not Jesued. 'trite tAe phrase 1ewcen tLe aae utls 300:3:123 -- ------ NOTARY P1711C i STATE OF COLORADO -- _ County of El Paso ss. The foregoing instrument was acknowledged before me -this lot _ - -day of December 19 79 by___Alice R- T1Qdor as ntey :�+ �� ..:;; .. •, of TUDOR LAND COMPANY, INC. a Colorado corpora on - Witjsess I;S; }(ayud and official seal. -i � •�Iy edr�»jilsi(en espires_ /�' �%�I .__ - -__ ' NOTARY PUBLIC STATE Oh.,a, _._ __ _ (xAmty'o- - -- f - - ss foregoing 1 he fore • Instrument as acknowledged before me b w• this - - - - -- -Jay of ---. _... - - - - -- 19 - - - by-.-- - -- -- - - - -- as - -- - President and - - - -- - -- as- -- Secretary of - Witness nsy hand and official seal. - -- -- • - - - -- a corporation. - My commission clpires 'it joint tenancy is not Jesued. 'trite tAe phrase 1ewcen tLe aae utls 300:3:123 -- ------ NOTARY P1711C i Y "F +_1 1:' ems. -.��. ;. �. � �[l��- ;�', [4.. :�•.i, "•':, A7 � .c .r .E•:»t �' � _ �' - s.•.i `., _.ter.- FR" l�'Rf: Ltil 1. Right of the Proprietor of a Vein of Lode to extract and re- move his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent, recorded May 17, 1902, in Book 55 at Page 105. 2. Right of way for ditches or canals constructed by the author- ity of the United States, tes, as reserved Pin United States Patent recorded May 17, 3. An undivided 1/32 interest in all oil, gas and other minerals that may be produced, saved and marketed as reserved in Warranty Deed recorded in Book 172 at Page 388 on September 29, 1955. 4. Any rights, interest or easements in favor of the U,tited States, the State of Colorado or the general public, which exist or are claimed to exist in and over the present bed, banks and waters of the Roaring Fork :fiver and Snowmass Creek. 5. Any loss of or adverse claims to that portion of the land de- scribed in Exhibit A hereof adjoining the Roaring Fork River and Snowmass Creek based on assertion that the channel and banks of said river have been changed or altered other than by natural causes and in imperceptible degrees. 6. Taxes and special assessments for 1979 and subsequent years. e0�C/ U L0024 EXHIBIT "A" t Oe EXHIBIT #2 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: STEIN ACTIVITY ENVELOPE REVIEW Dear Ms. Wolff, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my property, located at 26625 State Highway 82, Snowmass. Mr. Richman is authorized to submit an application for activity envelope review to allow for replacement of the residence on the property. He is also authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application, or you may contact me directly at the address and telephone number listed below. Sincerely, Gerald S. Stein 645 County Road 235 Eureka Springs, AR 72632 -9284 970 - 343 -0141 GUH25 EXHIBIT #3 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff PHONE: (970) 920 -5093 LOCATION: 26625 Highway 82 PARCEL ID #: 246727200016 OWNERS: Gerald Stein REPRESENTATIVE: Alan Richman Type of Application: Activity Envelope Review DATE: 4/11/12 E -MAIL: suzannew(cDco.pitkin.co.us ZONE /SIZE: AR -10 /approx. 40,000 sf EMAIL: arichman @sopris.net Description of Project/Development: The Applicant proposes to establish an Activity Envelope on the parcel to accommodate redevelopment. Pitkin County Land Use Code: • 1 -60: Land Use Policies • 2- 30- 20(g): Activity Envelope Criteria for Approval • 6- 30 -100(a & c): Growth Management Exemption for Replacement • 7- 10 -50: Activity Envelope • 7- 20 -20: Steep and Potentially Unstable Slopes • 7- 20 -30: Water Courses and Drainage • 7- 20-40: Floodplain • 7- 20 -60: Wildfire Hazard Areas. Mapped low hazard • 7- 20 -70: Wildlife Habitat Areas. No mapped habitat • 7- 20 -80: River and Stream Corridors and Wetlands Review by: Community Development Director. Public Hearing: NO. However, notice is required via posting, mailing and publication. 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 certified mail) to all owners within 300' of the property and mineral estate owners 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 Development Department. FEES: $1,951 (make check payable to " Pitkin County Treasurer ") ■ $1,872 Planning Office flat fee (non - refundable; based on 6 hours of staff time. If staff review time exceeds 7.2 hours, the Applicant will be charged for additional time above 6 hours at a rate of $312 /hour) ■ $54 Public Notice Fee ■ $25 Web Technology Fee: 0 u00`6 To apply, submit the Fee specified above and 1 copy of each of the following documents: 1. Letter of request, summarizing prior approvals and addressing (in detail) each of the provisions of the Pitkin County Land Use Code identified above and sufficient to demonstrate that all substantive review criteria have been met; 2. 24" by 36" and 11" by 17" Activity Envelope Plan as specified in Section 2. 1.1 of the Pitkin County Land Use Application Manual; 3. Consent from the owner of the property for the representative to process the application and represent the owner (1 copy); 4. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 5. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 6. Proof of adequate legal access to the property (1 copy of all documents); 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form (1 copy) (attached); 8. List of property owners within 300' and mineral estate owners (1 copy); and 9. This Pre - Application Conference Summary Sheet (1 copy). NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL 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. ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2 -20 -100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. ➢ The Land Use Code is available on -line at County Code ➢ The Land Use Application manual is available on -line at http://www.aspenpitkin.com/ Portals/ 0 /docs/count►dCom %20Dev/Planning /land use application ma nuaLpdf ➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2 -20 -100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. 00010`7 'II "'II II�'I III �'�I�I II'I II'I EXHIBIT #4 � I!�_1�I VIII Illili IIII IIII � - 403126 04/04/1997 0:45PITKIN COUNTY CLERK 1 of 6 R 00D 0.00 N 0.00 � THE BOARD OF COUNTY COMMISSIONERS TE�TKIN RESOLUTION OF GRANTING APPROVAL TO T COUNTY, COLORADO 1041 HAZARD REVIEW CARETAKER DWELLING UNIT AN i Resolution No. i:zl " have applied to the Board of County 1, Gerald and Carol Stein, hereafter ,,Applicant", `�- Commissioners of Pitkm County, Colorado, hereafter `Board", for approval of a detached a unit, and 1041 Hazard Review. caretaker dwelling square feet. a .� Applicant's lot's zoned AFR -10 and contains approximately 40,00 �, 2. The pP 3. Said parcel is located at 26685 Highway 82, and is more specifically described in Exhibit "A". pursuant to Applicant proposes to deed restrict a detached caretaker building ue envelope for a 4. The App P Section 3- 150.130(B) of the Land Use Code an establish a hazard review regulations proposed new single family home according (Section 3 -80)• d this application at a regularly scheduled meetin�gthnre pecmbo the 5. The Board hear P was presented 1996, at which time evidence and testimony application. pp . at the application generally complies with the app licable sections of . The Board finds th the Code. BE IT RESOLVED by the Board that it does hereby NOW, THEREF�RE� subject to grant approval of the Stein Caretaker Dwelling Unit and 1041 Hazard Review, subj the following conditions: v application and � The applicant shall adhere to all material representations made in e app � 1. P in public meetings. lar 1041 •t application, the applicant shall record a 24 "x36' Development 2• Prior to building pew P� royal of the Community The site plan shall include the following 1041 Hazard Review Site plan ounty Attorney meets e app hazard areas exist Department and the "1041 environmental Hazard Review Wing and Disclaimer; and the use and occupancy ht affect the property, any improvements, that might � ' e lan shall also be submitted in a digital format for integration into thereof. The site p Geo the County graphic Information system. OOCIO %a 01/14/1997 01:49P P G 1 OF 6 REC DOC NOT L PITKIN COUNTY CLERK. &RECORDER 'x•00 400880 -vi 11Tn nAUIS 111111 11111 Ilil II Illt ._.fill 1111111111111 IIIiI 1111 IIII 403126 04/04/1997 02:04P RESOLUTION 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 9�- Page 2 The proposed building envelope shall be modified to exclude all areas within the 100 year floodplain and the required 20' streamside setbacks. A Board of Adjustment variance will be required for any construction within the 200' Highway 82 setback. 3. Building foundations and underdrain system shall be reviewed and certified by a Colorado registered professional slopes the River and Creek. Foundation plans l shall be impact on the stability of the slop submitted at the time of building permit application. 4. The applicant shall submit a drainage and "erosion control plan which meets the approval of the County Engineer, prior to the issuance of a building permit. In addition to addressing permanent drainage and erosion control measures, the plan shall include temporary erosion control measures for construction to prevent soil and sediment from impacting the Roaring Fork River and Snowmass Creek. 5. The building site shall be revegetated with native vegetation to limit water consumption and additional runoff within one growing season of project completion. _. All drainage from roofs and paved areas shall be detained on site. 6. No development, including grading or landscaping or vegetation removal shall occur outside of the approved building envelope except as may be necessary to implement the wildfire mitigation measures. This includes landscaping and septic systems. 7. Prior to issuance of a building permit, the applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. Any wells must meet environmental setback requirements and be within the approved building envelope. 8. The septic system for the development shall meet the approval of the Environmental Health Department. The applicant shall obtain such approval prior to the issuance of a building permit. The sewage disposal system must be located within the building envelope and meet all environmental setback requirements. 9. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. 10. The applicant shall obtain a fireplace /wood stove permit with Environmental Health : 0 0 0 Department prior to the issuance of a building permit. 400880 01/14/1997 01:49P PG 2 OF 6 1 � 1111111111III IIIiI IIII IIII 3126 04/04/1997 02.u,P RESOLUTION 3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 96 Page 3 11. The applicant shall comply with the following wildfire mitigation measures: a. The area around the structure shall incorporate landscaping with wildfire defensible space considerations as follows: (NOTE: Actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions.) 1) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the sides of structures. In this 10 foot perimeter vegetation shall be maintained at 6 inches or less. 2) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 3) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. - - b. Structural Design and Construction Requirements: 1) Roof construction shall be metal or class a, noncombustible (no wood shake /shingles) material with no flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. c. The following maintenance measures shall be adhered to: 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 or firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structures 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height of not more than 6 inches. 00103) 400880 01/14/1997 01:49P PG 3 OF 6 1 I 03126 04/04/1997 02:( RESOLUTION 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK Resolution No. 96 -_ Page 4 d. The following miscellaneous measures shall be adhered to: 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 connect to the structures. 4) Any outbuildings or additional structures shall adhere to the same standards as structures. 5) Fuel tanks shall be installed underground with an approved container. 6) Propane tanks shall be installed according to NFPA 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 two hour fire- resistive construction on the exterior side of the walls. 7) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. - 8) Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 9) All codes and requirements of the Basalt Fire Protection District shall be met. 12. Any fencing shall meet County wildlife standards. 13. The proposed caretaker unit shall be limited to 700 square feet or less. 14. A caretaker dwelling unit deed restriction to the satisfaction of the Housing Office shall be recorded before any building permit approval is granted for any structure on the parcel. 15. The kitchen of the caretaker unit shall contain a minimum of a two -burner stove with oven, standard sink, and a minimum 6 -cubic foot refrigerator with freezer. 6. The floor plan of the caretaker unit shall be provided to the Housing Office for approval prior to application for a building permit for the unit. 400880 01/14/1997 01:49P FAG 4 OF 6 1111111111111111111111111111111 ''1 HE 111111111111 IN 403126 04/04/1997 02:04P . ,OLUTION 5 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK /i Resolution No. 96- - qu Page 5 APPROVED AND ADOPTED ON THE ATTEST: Je e Jones DerEtv Clerk and APPROVED AS TO FORM: John E1 Co y Attorney P84-96 2467- 272 -00 -016 U0032 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By alt- -�-- -- James R. True, Chair Date APPROVED AS TO CONTENT: Cindy Houben Community Development Director 01/14/1997 01 :49P PG 5 OF E IIIIIlipt III IIIII IIIIIIII 403126 04/041IZ9; 02:04P RESU-.jTIONCOUNTY CLERK 0.00 PITKIN 6 of 6 R 0.00 .00 N W.** V% 37 EXHIBIT A LEGAL DESCRIPTION A parcel of land si'biated in Tract 74, Section 27, mo�,Td-iip a South, `�- 7N* Range 86 West of the 6th P.M. lying Northerly of the Northerly right Of way line,, State Righway No. 82 and Southerly of the Northerly line of Tract 74, said =e --c Beginning at a point on the Northerly line of said Tract 74, whence an IX;z iron Post with a brass cap found in place and PrcPerlY marked for �V4 V Angle Point 2 of said Tract 74 bears South 88.451 44" West, 2.00 feet; thence North 88045144" East, 414.35 feet in a point in the center of the Roaring Fork River; theme South 53*54'34" East, 67.66 feet along the center line of said ZrQTR river; thence' South 21' 59'00" West, 136.75 feet along the center of Snowmass Al � 071Z " C�reek' to a point on the Northerly right of way line of said highway; thence North 69-19'00" West, 446.52 feet along the Northerly right of way line of said highway to tl***-- Point of 2egimtM. ln-;ii PITKIN COUNTY, Ir: 1� --ci - COLORADO 1136-33220 11/15/9--3 16:17 Rec $40. 00 Bill 731 FG 377 Silvia Davis, Pitkin Cnty Clef DOC 7- 400880 01/14/1997 01:49P PG 6 OF 6 0 rk EXHIBIT #5 "'�•• RESOLUTION OF THE BOARD OF COUNTY COiMMISSIONERS OF PITKIN COUNTY, _73P o J U ®y COLORADO, GRANTING APPROVAL FOR EXTENSION OF VESTED REAL PROPERTY f- c RIGHTS FOR THE STEIN PROPERTY 111111111iiiiiii1Q U z Resolution No.0 %' -2000 0E- Y RECITALS 1. Gerald Stein ("Applicant ") has applied to the Pitkin Couity Board of County Commissioners ( "BOCC ") to consider an extension of vested real property rights pursuant to Section 4- 140.30 of' the Land Use Code. V41 a 2. The property is located at 26685 I1ighway 82 and is more specifically described in the attached Exhibit "A ". n3. The property is zoned AFR -10 and contains approximately 40,000 square feet. Ir sum ao 4. The BOCC heard this application at a duly noticed public hearing on April 26, 2000 at which time = ° evidence and testimony were presented with respect to this application. Rr The BOCC has detennined that the proposed development meets the criteria established in Section 4- 140 -30 of the Land Use Code, and therefore found the extension to be 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 to the Stein property subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. 2. The applicant shall establish a building envelope on the recorded site plan that is approved by the Planning Department and encompasses the existing residence, septic system and parking area and avoids the 100 year floodplain. 3. Prior to submittal of any building permit applications, the Applicant shall record a 24 X 36 inch mylar 1041 Hazard Review Site Plan in accordance to Section 5 -70 -040 of the Land Use Code. The site plan shall also be submitted in digital format for integration in to the County Geographic Information System (GIS). 4. Development that exceeds 30 inches in height within a required setback shall require approval from the Board of Adjustment. This includes development within the approved building envelope. 5. The conditions specified in the Stein 1041 Hazard Review -ranted January 8th, 1997 pursuant to BOCC Resolution No. 97 -46 shall remain in full effect, except as amended herein. 6. Outside illumination shall comply with County lighting standards in effect at the time of installation. Roofs shall have a Class A, non - combustible roof system. Wood shake /shingle roof coverings and flat roofs (up to 3:12 pitch) are prohibited in all wildfire hazard areas. 3 0 U34 Resolution No. A717 -?U0() Page 2 The Applicant shall maintain appropriate wildfire defensible space standards as defined inPitkin County Code Section 3- 80- 070(C)(2). The vested rights for the approval contained herein shall expire on April 26, 2003. 4 41, It 21tit' I I: I�q Rt! 1 1:1 UUU��J Resolution No.(}_�,7 -2000 Page 3 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 25TH DAY OF MARCH 2000. APPROVED AND ADOPTED ON THE 26TH DAY OF APRIL 2000. r VESTED RIGHTS NOTICE PUBLISHED ON THE a�C, DAY OF 2000. ATTEST: Ly rgee R. Dean, ` Deputy Clerk and Recorder APPROVED AS TO FORM: John Ely, " County rney Case# P 11 -00 PID# 246727200016 BOCC OF COUNTY COMMISSIONERS OF P[TKIN COUNTY, COLORADO Shellie Roy Harper, Chair Date: '6. S - O o APPROVED AS TO CONTENT: �� C" Cindy Houben, Community Development Director MI 1111 11111111111111111111111111111111111111111111111 A RESOLUTI DAVIS SILV 3 of 4 R 0.0 16/2000 11 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY C 00000A F.: GII-'�Gev LEGAL DESCRIPTION Our Order No. Q380814 A PARCEL OF LAND SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86 WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE, STATE HIGHWAY NO. 82 AND SOUTHERLY OF THE NORTHERLY LINE OF TRACT 74, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74, WHENCE AN IRON POST WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OF SAID TRACT 74 BEARS SOUTH 88 DEGREES 45'44" WEST, 2.00 FEET; THENCE NORTH 88 DEGREES 45'44" EAST, 414.35 FEET TO A POINT IN THE CENTER OF THE ROARING FORK RIVER; THENCE SOUTH 53 DEGREES 54'34" EAST, 67.66 FEET ALONG THE. CENTER LINE OF SAID RIVER; THENCE SOUTH 21 DEGREES 59'00" WEST, 136.75 FEET ALONG THE CENTER OF SNOWMASS CREEK TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY; THENCE NORTH 69 DEGREES 19'00" WEST, 446.52 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO f IIIII IIIII 111111 IIIII IIIII 111111111111111111 fill-1111- A1411938 06/06/2000 11:03A RESOLUTI DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ui10. �J1 EXHIBIT #6 Rose Heart Foundation Trust c/o Carol Ann Hunter, Trustee 1761 Port Manleigh Circle Newport Beach, CA 92660 -6623 Keith Hefner 268 Lasky Drive Beverly Hills, CA 90212 Pamela J Osborn Hope P.O. Box 281 Snowmass, CO 81654 Flying W Snowmass LLC 350 Brabant Avenue Las Vegas, NV 89123 Wilson J Cooke Jr. 5644 Westheimer #340 Houston, TX 77056 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 q 0 0Cj r J 3 � u DRAWINGS 00053 11 IRM W— A .41 41/.- A I t dw- 0-pO, .'/'/ 4t IF 3 -n co i�E. o ..t=r Al M .,(D olD 'K, I.D ol 71 c 3 o Ul m (D cf) z CD + FD' SNOWA4ASS RFEk Rp iv o A I t dw- 0-pO, .'/'/ 4t IF 3 -n co i�E. o ..t=r Al M .,(D olD 'K, I.D ol 71 c 3 o Ul m (D cf) z CD + FD' C:) C: CD C—) 4- --- r, fD Nbo . U m 0) w U) wig my 1 C. h, 0 71' LP rj in Tn fg / / Al ti a Z3 co x Y K tij 5 B I ®® W > `m � a � x w � a � - zir�c+.- xciTmommn n �v�vvvvvv000vv o / DAAAAADD DH-1 -iAD A / nor) or) mmmm000mm I 0 � mmmmmmmmmzzzmm a9 m NWwN 000 Ip m 11 N10- NO- VYJWOOO� N O m + v QQQ v v � v v W N w v ° m - ----ol olmrn000O1 m OuIA ,0 o = DDD a T � ti � m m m m m °o o Sk- � T O Xp ~ r a 1 m m d A a ti a 111777 / O y�t 9 y ,q ti m b9 DST a e� cy M a dd 1 4 � w b a - -_ n � A �+ 1 %S�4 o� a� o� c r �y� `CKLLK\ ti S o Iz a 2 ro` / - ly // ` -- / � ' ✓ `O /�� 111 �` /. + ! gg cmio P -mP o m cP g m y y- m�i - +ss- D sl i i xms <I $i mN �I > ; —u P < zA °sc r of �mz o of nm �I o1-r— D S «m'o my m D m Z 0 m D I Z Z O N Z Q S > F F Z p A J 2 A �2 V1 > - DDm 9ry-1 U'�1 P I O ZZp SI I Omyp aN --1 NNO 2 w O1 OO~mZ D L� ti a ° <o I tlN <c o I rDP "O z "mum mm.z �o - � °z P nx <p m 0 iI >mmi nn Ino " ao} °m pu 1 �l }ggcm mz - SLx P> <m 0 < "I -Om O 1 �NDI'n OmtimmmT -O pp pp JCpp � 1 f�l I OF <mD AZOm AS OV1 '0 m OI C O I C r F A Z DDm 2 0 r m c• I DI >11.10 O <VI�+FOti <- Ny a ny � - OO 09 — z z 10 P O- IOSOx-+Z- 2 r- Z p rH w O pn m D N O mm o o aim�ti'rn �� `? n °sm ;m D to <~ OIL - D gip-'- Oti+�i+U yiiyN t P ,u b 8vD S ytiP ' " >�<D -1 mmmmm >ir, 7 M j'Ij m-Q -� JC <N< -mx O Z N > -< > N m- m Z ti x m r S n zm z P -+ mz mo rP -m m m m Nn ma o n m l _ o Fr Wig° °m tia '"P ilmz za��om�i+Tt i �- i -zi ��o aim v� om=m Qis O m< 41-1 ODDZAO PyDn -V� A ur D -Iy —Vol Sr O D m < m 7 m O Z PboDLm -+ > m oo y+ b 00, I $� T51 <o `O C?Ipm 2-i2 P°DyyfZll OI O O �IAZDx o < mmg <m m i O• In OIN m2 1 Z z V O O O< In rn No on o - O Z 1 i 0 l pq 00 H p z 2 one 6sF F =: a: X�€ e�. Y. b C w�T o = a=o n o:� Y ZA s ^� 7: \�- vvov- iv- 000-vv o ax: /.Zl .�-.�-9 Saab ti-1 z•A S / LLGL(_LGLC:y 11LG / / �nnnnnnnnn000nn -I mmmmmmmmmzzzmm � .ab � N NUWN 000 � m � paw - �' ,�O— NO— vlOwOVOrn N / DEL O � m V V V V V V V V V W N w V - Arnrn_� '" m rnrnrnrnmrnrnrnrno0o0i � %�Y ti g" � m o m m w 0 m x m m � c (d m ^r \ CA m e m �F� m � bb4 D /TRH s `a CRtLKI�dO n COg� n I- n n n cll mom -o-/ n nm om o. r /' rI of zir -i mi <i ml -mmsTx o - -moor I. Tx -I mA I rl oc�rom no az i r i i t omi o of m o- al oT -p c I o'�- t mi momnz > ml I DTZm z NI I I 1 I in x <mO � zi I aN DZpnO s < m < om 1 y O '-49P FDD«F D� m� m �mZ DON`- D ir1 LO JmI•y D � • a x 13 i ao ' o� pp 'n D n p O 2 V I m Y1 ZI ZZw< -ZI -2 ➢0 S O m- NJ I OIZO < -O< Fln Gln lv l�I y m DL %Lln AA -I 2 I -N DsN ZOI/IO -I -yDF,Y - OI/ItiZAy -O Arm pI Om Tm S '-F (lNnOT rp wm0 mT Qi �zni °max oln n I W I pl <mD0 ll < -V 009D O DDODpm r NnDf�l �ai m nIT�� -IO D OOpNZFz% rZ m D K OI? C01 z I Oy1 D m9C- �m O Ixn- ZGJ -Om N N � V a �0 TOE O �VDi S�1 f�l O 9 <'n T' TO AO N r O • xG DAm m �m 1 mAAm2< INZNmm=, n f_y o� n z itoy� - m ynznuN i N m a ;x� om- y -� Dm mT- m2-1R rm rtDri Tl \'! Nn I < <0 "IOnDN "0 LpLZ ~mp'ppn0 O ♦/yy�� pm yp0 j0 mA �S£TOIZn T� C p �q/ fr CT mti m mTm-i Z-ItiOm x _ �zo n< < mmxm -��ii Ct�: �O m ODD x AO 1 1D -m A ul- M �' Qi lno ass vxn <'"zsi— 9 W N NA I�0 z 'vm -gym Wta$pz m o p tq 000 I i� '6I oo < c <m m< o z z LnO m- o0 oTS m mAO yw IT m O - Ch oz PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Gerald S. Stein (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for Activity Envelope Review (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees 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 Pitkin 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 $1,951 which is based on 6 hours of staff time. 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 APPLICANT Cindy Houben Community Development Director 0 OU04- Gerald S. Signatu e ' Date: Mailing Address: 645 County Road 235 Eureka Springs, AR 72632 -9284 PUBLIC NOTICE RE: Gerald S Stein MD Revocable Trust Designation to Historic Register and Request for Historic Incentives, and Activity Envelope Review (CASE# P052 -12; PID 2467 - 272 -00 -015) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 10, 2013 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Gerald S Stein MD Revocable Trust (645 CR 235, Eureka Springs, AR 72632) requesting to designate the existing residence to the historic register; to reduce the riparian area/wetland setback as an incentive for the designation; and to establish an Activity Envelope on the parcel for a new residence. The property is located at 26625 Highway 82, and is legally described as a parcel of land situated in Tract 74, Section 27, Township 8 South, Range 86 West of the 6`" P.M. The State Parcel Identification for the property is 2467 - 272 -00 -016. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Suzanne Wolff at (970) 920 -5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on March 7, 2013. Attention Applicant /Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. 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 date of the public hearing 2. Submit the Affidavit of Notice by Posting & Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920 -5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date htti): / /www.aspenpitkin.com/ Portals /0 /docs /county /Com %2ODey /Planniny/Land Use Applications /P052 12 app.pdf PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on August 6, 2012, the Pitkin County Community Development Director granted approval for the Gerald S Stein MD Revocable Trust Activity Envelope Review (Case P052 -12; Deter. #55- 2012). The property is located at 26625 Highway 82, and is legally described as a parcel of land situated in Tract 74, Section 27, Township 8 South, Range 86 West of the 6th P.M. The State Parcel Identification for the property is 2467 - 272 -00 -016. 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 AUGUST 16, 2012. PUBLIC NOTICE RE: Gerald S Stein MD Revocable Trust Activity Envelope Review (CASE# P052 -12; PID 2467- 272 -00 -016) NOTICE IS HEREBY GIVEN that an application has been submitted by Gerald S Stein MD Revocable Trust (645 CR 235, Eureka Springs, AR 72632) requesting to establish an Activity Envelope on the parcel to accommodate redevelopment. The property is located at 26625 Highway 82, and is legally described as a parcel of land situated in Tract 74, Section 27, Township 8 South, Range 86 West of the 6th P.M. The State Parcel Identification for the property is 2467 - 272 -00 -016. 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 Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on June 14, 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 July 16, 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 /Planning /Land Use Applicatio ns /P052 12 app.pdf PU e)L)5+► -c) Z/ kB / J 3 5S WILL - GL C)D c.00eb I 1)Q AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY LAND USE CODE, TITLE 8 OF THE PITKIN COUNTY CODE: SECTION 7- 20- 100(f)(3), OPTIONAL INCENTIVES FOR HISTORIC PRESERVATION Ordinance No. -2013 RECITALS 1. Pitkin County Community Development Department staff ( "Applicant ") has submitted a request to the Board of County Commissioners of Pitkin County, Colorado ( "BOCC ") to amend Sec. 7- 20- 100(f)(4)) of the 2006 Land Use Code, the Optional Incentives for Historic Preservation. 2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on February 5, 2013, and recommended approval by a vote of 3 -0. 3. The BOCC considered the proposed code amendment at a regular meeting on first reading on February 13, 2013, and voted to approve the proposed amendment on second reading at a duly noticed public hearing on .2013. 4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the Code. NOW, THEREFORE, BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code, the Land Use Code, to amend Sec. 7- 20- 100(f)(3), as follows in Attachment A. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 13 "' DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.asi)enpitkin.com) ON THE DAY OF 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. Ordinance No. _ -20/3 Page 2 ATTEST: Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: John Ely, County Attorney Z- BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO M George Newman, Chairman Date APPROVED AS TO CONTENT: Cindy Houben, Community Development Director Ordinance No. _ -2013 Attachment A —Page 1 ATTACHMENT A 7 -20 -100: HISTORIC PRESERVATION (f) Benefits Pitkin County is committed to providing support to private property owners to assist in their efforts to maintain, preserve and enhance their historic properties. The benefits provided are intended to balance any inconveniences that might be imposed by the protective measures of this section. They also recognize the value gained by the larger community from the preservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of incentives was previously developed for the historic properties in the Redstone Historic District. It is the intent of Pitkin County to maintain those existing incentives that are available to the property owners within the Redstone Historic District. (b) Properties that are subsequently designated to the Historic Register or listed on the Historic Inventory may be eligible for the following benefits subject to the specific provisions for participation. (2) Base Incentives All properties designated to the Pitkin County Historic Property Register or listed on the Pitkin County Historic Inventory are eligible for: (a) Alternative Building Code Compliance To preserve and maintain the historic and architectural character of listed and designated properties the International Existing Building Code (IEBC) may be utilized to provide alternative approaches to the requirements of the International Building Code (IBC). These modifications may not change the goals of the applicable safety and permit requirements and must follow the procedures provided for modification set forth in the IEBC. The Chief Building Official may also grant exemption from the Energy Code and Efficient building program for listed or designated historic properties. (b) Variances Ordinance No. _ -2013 Attachment A —Page 2 The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2 -40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to participate in other County programs related to financial, developmental, technical and promotional assistance that will serve to maintain, preserve and /or enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservation of the historic site, structures or buildings, without the completion of all the necessary application materials. Completion of the necessary reports may be required for final approval but an initial review may be scheduled if the Community Development Director determines that the proposed project's preservation accomplishments should be the overriding consideration. (b) Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6- 70 -40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. Ordinance No. _ -2013 Attachment A — Page 3 1. Growth Management Quota System exemptions are available pursuant to Sec. 6 -30 and /or development may be fully or partially exempt from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and/or 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. (t) Reduced Riparian Area/Wetland Setback The riparian area/wetland setbacks established in Sec. 7- 20- 80(a)(? ) may be reduced in order to effectuate the preservation of an historic resource area To be eligible for this incentive the applicant shall demonstrate as part of an Activity Envelope application for proposed development . that the reduction in the setback will not result in water quality degradation, stream bank erosion and /or a reduction in the quality of riparian or wetland habitat pursuant to the following criteria: 1 Slopes within the setback reduction requested are less than thirty (30) percent. 2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction requested or will he unaffected by the proposed activity or development within the setback reduction requested. 3 The proposed use of the property does not present a special hazard to water quality or wetlands (e.g. , storage or handline of hazardous or toxic materials). 4 The one hundred (100) year or intermediate regional flood /one does not encroach into the setback reduction requested. 5 Trees shrubs or other natural features that provide for so ram bank stability, enhance wildlife or aquatic movement w ithin a stream corridor, provide habitat enhancement for aquatic Ordinance No. _ -1013 Attachment A - Page 4 environments and riparian area protection do not exist, or \\ it l be unaffected by the proposed activity or development within the setback reduction requested. 6 Habitat for plant animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service does not exist within the setback reduction requested. 7 Habitat for plant animal or other wildlife species listed b\ the State of Colorado as rare threatened or endam,ered, species of special concern or species of undetermined status does not exist within the setback reduction requested. 8 The area within the setback reduction requested is not needed to prevent or minimize flood damage by preserving storm and Ruud water storage capacity. 9 The area within the setback reduction requested is not ucccdcd to protect fish spawning breeding nursery and feedinr grounds. 10 The area within the setback reduction requested is not n_crded to preserve areas of special recreational historical, archeological. scenic, or scientific interest. 11 The applicant shall agree to enhancement of ri 2ag ri:m vegetation as a condition of the activity em elope designation and shall demonstrate compliance with said condition duriny the_ Site Plan Review process The riparian vegetation enhancement that is accomplished shall be proportional to the extent of the existing riparian habitat degradation on the site. A construction mane =eement plan and drainau=e and erosion control plan-Ail I be required to insure that there will be no deleterious eflects cin existing riparian vegetation. (4) Eligibility The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the Board of County Commissioners based on the Board's assessment of the merits of the proposed project, its ability to advance the County's preservation goals, and its demonstration of exemplary historic preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a covenant in a form acceptable to the County Attorney and the Historic Preservation Officer, to ensure that 21 Ordinance No. _ -20/3 Attachment A — Page 5 anticipated historic preservation benefits accrue to the County and are maintained over time. To be granted an optional incentive, the applicant must demonstrate that: (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic property; and (d) The new construction is reflective of the proportional patterns found in the historic building's form, materials and openings, or the work removes later alterations and restores the historic building to its appearance during its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and (f) Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate. 4 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 June 5, 2012 Alan Richman PO Box 3613 Aspen, CO 81612 arichman gsopris.net Re: Gerald S Stein MD Revocable Trust Activity Envelope Review (PID #2467- 272 -00 -016; Case# P052 -12) Dear Mr. Richman: 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. 1 , 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 emailed to you by the Community Development Department) by June 14, 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 July 16, 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 29th day of June, 2012, which is at least fifteen (15) days prior to July 16, 2012. This must be submitted prior to any approvals being granted. At this time we request an additional fee of $624 for the Historic Preservation Officer. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 MEMORANDUM To: Historical Preservation Officer FROM: Mike Kraemer, Community Development Department Michael. kraemergco.pitkin.co.us Re: Gerald S Stein MD Revocable Trust Activity Envelope Review (PID 2467- 272 -00 -016; Case P052 -12) DATE: June 5, 2012 Attached for your review and comments are materials for an application submitted by Gerald S Stein MD Revocable Trust. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, July 16, 2012. http• / /www aspenpitkin com/Portals /0 /docs/ county /Com %20Dey /Planning /Land Use Ap plications/P052 12 app.pdf If you require a paper copy of this application contact Bonnie Waechtler at bonnie .waechtler2co.pitkin.co.us or 920 -5109. Thank you. Name: Project Address Type: Permit Number 0052.2012.PLAN PITKIN COUNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00032589 Gerald Stein MD Date:6/18/2012 26625 HWY 82 check # 530 Fee Description PP- Historic Referral Fee Total: Amount 624.00 624.00 PITKIN C,:JNTY COMMUNITY DEVELC VIENT Permit Receipt RECEIPT NUMBER 00032500 Name: Gerald S Stein MD Date:5/29/2012 Project Address: 26625 HWY 82 Type: check # 2967 Permit Number Fee Description Amount 0052.2012.PLAN PP- Flat Fee 1,872.00 0052.2012.PLAN PP- Clerk Tech Fee 25.00 0052.2012.PLAN PP- Public Notice Fee 54.00 Total: 1,951.00