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HomeMy WebLinkAboutbocc.res.185.2001 IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII IIIII II III 46 8/01 e9:40a SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,APPROVING THE WAMPOLD APPEAL OF A HEARING OFFICER DETERMINATION Resolution No.105-2001 RECITALS 1. Mike Wampold("Appellant")has applied to the Board of County Commissioners (`BOCC")to appeal a Hearing Officer Determination pursuant to Sections 3-300-020,4-160 and 5- 210 of the Land Use Code for the following reasons: A. The location of the avalanche defense wall is based on the recommendation of Art Mears, avalanche consultant. B. The avalanche defense wall is necessary protection to the existing residence against future avalanches. C. The Hearing Officer indicated in Determination No.06-2001 that "This Hearing Officer believes that the proposed structure is an appropriate mitigation effort for the house that is located in this hazard area. However, this Hearing Officer feels that constraints within the Code require that the applicant's request to construct this avalanche defense structure be denied by the Hearing Office...... D. The Hearing Officer denied the construction of the avalanche defense wall because it is located within an area that contains slopes in excess of 30%. E. The Appellant believes that the Land Use Code provides the discretion to development within the proposed area because the slope is limited to a small area. Section 3-80- 050(C)(2)of the Code provides that development may be permitted on slopes that exceed 30%when the slope is due to the presence of a minor natural or man-made change in the gradient of a continuous slope. This section of the Code also provides that the Appellant must show that the project will not cause greater instability or increase that potential for slope failure. 2. The property is addressed at 1053 Conundrum Creek Road. The property is the last parcel on Conundrum Creek Road,adjacent to the Conundrum Creek Trailhead parking lot,and is more specifically described in Exhibit A. 3. Pursuant to Determination No.06-2001,the Hearing Officer granted 1041 Hazard Review and Conceptual Submission approval for the establishment of a building envelopment and a development envelope. The Hearing Officer denied the Applicant's request for an avalanche defense structure and Special Review for a Caretaker Dwelling Unit. 4. A site plan was recorded in Book 57 at Page 98. 5. The BOCC heard the appeal at a public hearing meeting on October 10,2001,at which time evidence and testimony were presented with respect to the application. 6. The BOCC has made the following findings with respect to the Appellant's appeal: A. The avalanche defense wall shall be constructed for dense flowing snow associated with a 100-year return period and landscaping as represented at the meeting shall be proportionate; 46 Oag Pe2 I 11�� 11111 � 1 9aeB.4ea= 1 oe B. A development envelope around the avalanche defense wall shall be established for all disturbance, including landscaping; C. Locations of other avalanche hazard areas on the property shall be identified and platted; D. An avalanche hazard mitigation plan compiled by an avalanche expert shall be submitted to the Community Development Department; E. The avalanche defense wall is necessary for life and safety; F. The avalanche defense wall encroaches onto 30% slopes that are due to a change in the gradient of a continuous underlying natural slope and the proposed disturbance of these slopes will not cause instability or increase the potential of slope failure. NOW,THEREFORE,BE IT RESOLVED by the BOCC that it hereby approves the Wampold appeal of the Hearing Officer Determination,subject to the following conditions,which shall run with the land and be binding on all successors in interest. 1. The Appellant shall comply with the provisions of Hearing Officer Determination No. 06-2000(Exhibit B)unless otherwise replaced or amended by the conditions of this approval. 2. Prior to the submittal of any building permit applications,the Appellant shall record a 24 X 36 inch mylar amended 1041 Hazard Review Site Plan in accordance with Section 5-70-W of the Land Use Code and as amended by the BOCC at the October 10,2000,regular meeting to include a development envelope around the avalanche defense wall. 3. Development of 30 inches above or below grade within the required property setbacks requires approval of a variance by the Board of Adjustment,including driveways. 4. No development, including grading,excavation, fill placement,landscaping,and vegetation removal or disturbance shall occur outside of the development envelope. 5. The colors of the concrete materials utilized for the avalanche defense wall shall be earth tones, which shall continue to blend with the natural surrounding environment as fading occurs. 6. Within forty-five(45)days of approval,the Appellant shall provide to the Community Development Department documentation from an avalanche expert of the location of all additional avalanche hazard areas on the property. These avalanche hazard areas shall be identified and recorded on the amended site plan. "No Build Sections"shall also be identified on the site plan with respect to the identified avalanche hazard areas. An avalanche hazard mitigation plan from an avalanche expert shall be submitted which addresses necessary mitigation with respect to existing improvements, such as the residence,driveway,and other improvements. Any mitigation will require approval of the Community Development Department or the Pitkin County Hearing Officer outside of existing approvals. 7. The avalanche defense wall shall be constructed so that it is adequate to protect the existing residence from the dense flowing snow associated with a 100-year return period. The height of the structure shall comply with county height standards or obtain a variance as may be 123 Resolution No.186-2001 I IIIIII IIII IIIIII III IIIIII IIIIII IIIII III IIIII IIII IIII 46 a eeg es:aea Page 3 SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 necessary. The landscaping,as represented during the mating, around the avalanche defense wall shall be in proportion to the size and height of the wall. Landscaping materials shall be similar to representation made at the BOCC meeting,which are on file(dated September 6, 2001). 8. The existing house shall not increase in size,height and bulk. No additional development on the property shall be permitted, other than necessary avalanche hazard mitigation. 9. The Appellant shall comply with the following standards for development on slopes of greater than 15%: A. Adequate mechanical support shall be provided for cut slopes. B. Adding water which may decrease slope stability shall be avoided. C. Adding weight to the top of the slope shall be avoided. D. Disturbed slopes must be contoured so that they can be revegetated. E. Steepening of existing slopes shall be avoided. F. Confine cuts, fills,grading and excavation shall be limited to the minimum area needed for construction. APPROVED ON THE 10TH DAY OF OCTOBER 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PIfKIN CO Y,COLORADO L ee R.Dean Michael C. Ire d, Clerk to the Board Chair Date: —tW APPROVED AS TO FORM: APPROVED AS TO CONTENT: John El Cindy Houben, ttorney Community Development Director Case#P194-00 291102300022 Q : ins-z�oi EXHIBIT A Order Number: 00025460 L UAL LJESLX111J1UN That part of Section 2, Township 11 South, Range 85 West of the Sixth Principal Meridian, described as follows: Beginning at a point on the line between Corners 7 and 8 of H.S.S. 112, as said H.S.S. 112 is described in Book 159. at Page 142 of the Pitkin county records, from whence Corner 6 bears North 46*53' Bast 1343.93 feet; thence South 46053' West 1197.07 feet to Corner 7; thence South 13057' East 817.74 feet to Corner 6; thence North 61-19, East, between Corner 6 to 5, a distance of 1073.13 fact, more or lass, to the most Southerly corner of property described In Book 192 at Page 521 of the Pitkin County records; thence North 36*19' Beat 261 feet; thence North 15021' West 980.59 feet, more or less, TO THE POINT OF BEGINNING. county of Pitkin, State of Colorado IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII011 46Z 8.4sa 90 _. ,.. I IIII IIIII(IIIII IIII IIIIII IIIIII IIIII III IIIII IIII IIII 46 1239 s 01 e9:40a SILVIP DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ;!�FlfE 16l 7- DETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY, COLORADO, REGARDING THE WAMPOLD 1041 HAZARD REVIEW,CONCEPTUAL SUBMISSION AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT RECITALS 1. Mike Wampold(hereinafter"Applicant')has applied to the Pitkin County Hearing Officer, for a 1041 Hazard Review and Conceptual Submission to establish building envelope around an existing residence and existing and proposed improvements, including an avalanche mitigation wall, on the subject property. In addition, the Applicant has requested Special Review approval for the construction of a Caretaker Dwelling Unit ("CDU'). 2. The property is addressed as 1053 Conundrum Creek Road(Ashcroft Truck Trail, Book 157 at Page 635). The property is the last parcel on Conundrum Creek Road, adjacent to the Conundrum Creek Trailhead parking lot, and is more specifically described in Exhibit"A", attached hereto. 3. The property is zoned AFR-10 and contains approximately 25.75 acres. 4. The Hearing Officer heard this application at its regularly scheduled meeting on April 17, 2001, at which time evidence and testimony were presented with respect to the application. The matter was continued until April 23, 2001, for a site visit and additional testimony. 5. In 1985, the Planning and Zoning Commission granted 1041 Geologic Hazard Review pursuant to Resolution No. 85-9. There exists a question as to whether the existing house was constructed within a properly approved building envelope. Resolution of that question does not appear necessary to make a determination of the issues submitted in this application. 6. The existing building and the proposed building envelope are in areas designated as a Moderate Avalanche Hazard Zone. BUILDING AND DEVELOPMENT ENVELOPES A building envelope and development envelope, as designated on Exhibit"B", attached hereto, are hereby approved. The applicable conditions of approval set forth in the Resolution of the Pitkin County Planning and Zoning Commission 85-9 are incorporated herein The following conditions shall apply to the development envelope: A. Use is limited to non-residential accessory uses, including septic,leach field, storage shed, satellite dish, landscaping and road maintenance- B. Winter use other than maintenance of accessory uses set forth above is prohibited. IIIIII"III IIIIII ("III IIII IIIII III") III IIIII IIII IIII 194220 05/04/2001 02:90P DETERNIN DRVIS SILVI 1 of 4 R 0.09 0 0.00 N 0.00 PITKIN COUNTY Co __,. , _ _ ...' I IIIIII IIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIII IIIII IIIIIIII 46 6 of ea s:aea SILVIR DAVIS PITKIN COUNTY CO R 0.00 O 0.00 1 Illill IIIII 111111 IIIIII IIII II111 IIII11 III IIIII 1111 IN Wempold 1041 RazaM Reaew 454220 95/04/2002 02:50P DETERMIN DAVIS SILVI Page2 2 of 4 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO AVALANCHE DEFENSE STRUCTURE The applicant has proposed the construction of an avalanche defense structure approximately 20 feet above grade at its highest point. The structure would be designed to divert the force of an avalanche around the existing building. The structure would be constructed on a small slope above the house that is greater than 30%. The structure would be adjacent to the Conundrum Creek Road and visible to anyone driving to the parking area at the Conundrum trail head. This Hearing Officer believes that the proposed structure is an appropriate mitigation effort for the house that is located in this hazard area. However, this Hearing Officer feels that constraints within the Code require that the applicant's request to construct this avalanche defense structure be denied by this Hearing Office. However, the Hearing Officer acknowledges that this determination may be appealed pursuant to Section 4-160, within 15 days of the date of this decision. CARETAKER DWELLING UNIT As noted above, the existing house sits within a moderate avalanche hazard zone. The approval of an additional residence within this zone is prohibited by the Pitkin County Land Use Code, Section 3-80-050. The Hearing Officer further notes,that even if he had approved the avalanche defense structure discussed above, he would have, nonetheless, denied this request. The avalanche defense structure is a mitigation effort that does not eliminate the hazard on the property. It is contrary to the code and imprudent to allow the creation of an additional residence on these premises. Therefore, the request for a Caretaker Dwelling Unit is denied. NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that the Wampold 1041 Hazard Review, Conceptual Submission and Special Review for a Caretaker Dwelling Unit is hereby denied in part and granted in part on the conditions set forth above. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 17TR DAY OF MARCH, 2001. HEARING OFFICER OF PITKIN COUNTY, COLORADO ATTEST: amen R. True n Hearing Officer Date: April 30.2001 �..,,,.�w..,.:,.5.,._ ....��:a w L.z n.z: I llilll lllll llllll llil IIIIII IIIIII IIIII 111 lllll 111 IIII / 20 1 09:40R S ILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 OBIT A Order Akambfl: 00025460 LAXA1,1rCJY MMIUN Mae part of Saetion 2, ram"dap 21 south, a&"& 85 West of the slamh Frinalpa2 AwIdlan, described as fallow": Se,gl M+ng, at a pnlnt us the lAga between Costars 7 and 8 of B.B.S. 112, u oald S.S.S. 112 is daaeribed is seek IS9 at Faye 142 of the FAtkAn Cnuney rsoarde, fro "began Comer 8 bears Borth 46033' Sat 1343.93 feet) *hate South 46.53' Met 1197.07 feet to Caraar 7; thsgae South 13.37' But $17.74 feet to Corner 6) *Name@ Barth 61.1!' Salt, between Career 6 to S, a distance of 1073.13 foot, more or 2000, to the Most Southerly eornsr of property described An Book 292 at Faye 521 of the Fltkia County records) tkmca Sorth 36.19• Bast 261 fast; thence siorth 2S02I' Met 980.39 fast, more or less, To run FO1Br OF BBgL0f30. County of Fiekin, state of Colorado 111111111111111111111111111111111111111 III 111111111 IIII 454220 05/94/2001 02:50P DETERMIN DRVIS SILVI 3 of 4 R 0.00 D 0.00 N 6.00 PITKIN COUNTY CO .n_ .. IIIIII IIIIIIIIIII IIIIIIIIIIIIIIII46z20109:40f11239 ILVIA A1111111111SPITKIN COUNTY CO R 0.00 D 0.00 _ acwtb�f 454220 OS/04/2001 02:50P DETERMIN DAVIS SILVI 4 of 4 R 0.00 D 0.00 N 0,00 PITKIN COUNTY CO beodo f ,'op• { s\�✓VR`/ DEC a 1 == E 3� PANE IDUOUS ME IN T ___ PINE E 1' _: — 9 --•— — E/ectr� Eoxme Bk. 2 -T Oy gc Bk. 316, ap 6F. te SJSVO'Ss-w 301" 0 CC scale: 1" = 00'_0- ® I ea' I BUILDING " ENVELOPE 22615 scale: 1"