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Home My WebLink Aboutbocc.res.056.1996 � - � _� _ *.�•.;. .�,� ... . , _. � .� .. '.. . . :''}.r ..��.f..i .i(1,Yt,.r�..}tk'�I.� r�["y�,'aCf1W'�r 4 . . .-�. . . . d;'Sii.:•�SP.,.a.s. L, r., �� !�.. �s �,I r,:7i�r�`.. I ri. RESOLUTION OF THE 80ARD OF COUNTY COMMISSIONERS OF PITKIN � +. COUNTY,COLORADO,GRANTING APPROVAL OF THE TAGERT GMQS �� EXEMPTION,1041 HAZARD REVIEW,GENERAL SUBMISSION AND EMPLOYEE DWELLING UNIT Resolution No.96- �G ?"'� RECITAIS 1. Lee Lacy (hereafter "ApplicanP') has applied to the Pitkin Coanty Board of County Commissioners(hereafter"Board")for consideration of a GMQS Exemption for the Replacement of One I.egally Established Dwelling Unit, 1041 Hazard Review for the , construction of a single-family residence and accessory uses, General Submission and Employee Dwelling Unit Review. Due to the submittal completion date of the � application,the review is based on the Land Use Code in effect in February of 1994. �� ,;,, ' 2. The parcel is located approximately 5 miles east of Aspen along Highway 82 at the gate where the Highway is closed for the winter;more specifically described in i Exhibit"A,"attached. 4 i 3. Having reviewed the application at regulazly scheduled public meetings on August 2,November 27,1994 and October 25,1995,the Planning Commission recommend approval of the request to the Board of County Commissioners. 4. The Board considered the request at its regufarly scheduied meeting of March 13, � 1996,at which time evidence and testimony were presented with respect to this ' application. ` � -- � I 391549 S4/0B/9E a1:48P FG 1 OF 6 REC DOC UCC SILVIA DAVIS PITKIN CDUNTY CLERK & RECORDER 31.�� .: .:. _ _ , �_.. ' i . ,' . v n . _. . us�: ' .y� . � ��A ira � .w�.. • .:ir. . .,. . . _ . ' � '... . .�i:i . �i._ .. . ba1:��;i! i4.} .S:r.`.�i.�4�eh�-.-. � ., ,;� .�.��,� , Resolution No.96-� ,�y�,. Page 2 ';�i"�,�,. . i: 5. The Board found t6e request to be generally in compliance with applicable .�. �, sections of the Land Use Code. •;�. . _>. NOW, THEREFORE, BE IT RE50LVED by the Pitkin County Board of County Commissioners that it does hereby grant approval subject to compliance with the following conditions: 1. a. Within 180 days of approval of this application by the Board of County ��' , Commissioners and prior to foundation,earthmoving or building permit application, the applicant shall record a 24 x 36 inch mylaz 1041 Review Site Plan which meets . • the approval of the Planning Office and County Atromey. . b. The Plan shall identify Parcels L and 2, and shall note the fact that new development on Parcel 2 is subject to 1041 Hazard Review pursuant to County � Reguiations in effec[at the time development is proposed. ' c. The southem boundary of the primary building envelope on Parcel ] shail be set back a minimum of 20 feet from the average high water line of the River; be outside [he ]00 year floodplain of the River, and be outside the wetland area ` delineated on the site plan. The envelope shall be modified if necessary, to • eliminate any slopes in excess of 30%in grade. d.The driveway shall be located outside of wetland areas as delineated by the Army Coips of Engineers. The County Engineer shall review the driveway wnstruction �:� � plans to the principal building envelope for compliance with Pitkin County � driveway standards prior to issuance of a bui(ding permit. . f >� e. The Highway 82 right-of-way shall be identified on the Plan. i f. The site plan shall contain the following waiver: "Warning and Disclaimer: The Applicant acknowledges that ]041 Hazard Review approval does not in any way assure or impiy that areas outside of designated hazazd areas will be free from hazards, or that approved mitigation measures will guarantee the safety of any property." 2. Utility lines may be extended to the building envelope on Parcel 1. In the event that . they are extended,lines sha{I be located underground within the approved driveway ' alignment. 3. Buiiding materials for the primary residence and roof shall blend in with the surrounding na[ural landscape. Roof materials shall Ue non-reflective, and muy include non-reflective metal. 1 � �- 1 391549 04/08/96 a1:48P PG 2 OF 6 • 2 � � .. , . !;�' . 4 �; ♦ , ' .;;�: ` , '�::. � . . e,i �':. ' „., �I' ''f1i�� . :.. , -.r : �.?! -��.��?:i . U�`�k.f-�.t �.�,. �,�iG4 4wu-.�,:�� .-. .... _'�. - .... . ., .�. ,. .. .. . ':� .. �'`{�:.-7�',. I�� Resalution No.9b-`�� i��''"?`` '. . .;s:f;i�. � Page 3 �,� ;`-:'�di';� 4. Regarding the]ocation of development activity,tfie following conditions shall � apply: J. �i, • All development activity,with the exception of the instaliation of utilities and ��'��• '. the driveway to serve Parcel l, shall be contained wi[hin the accessory and primary building envelopes on Parcel 1;provided however,that a barn shall be permitted to be constructed in the horse corral area adjacent to the primary `�_ building envelope. The bam shall be used only to shelter or enclose]ivestock, �`'��`� poultry, feed or field equipment. • We11s and septic systems may be located in the horse corcal areas instead of - within the primary or accessory envelopes upon a finding by the Environmental • IIealth Department that installation in the conal area(s)will result in no water quality degradation. ' • Removal of vegetation outside of the building envelopes and corral areas,except where necessary to accommodate mitigation of wildfire hazazd,shall be �;' prohibited with the following exceptions: removal of dead,diseased or "" infectious vegetation,noxious weeds and vegetation. �,.; � , , • Landscaping shall be limited to the addition of existing vegetation species � growing on the pazcel or in the immediate vicinity. � 5. Development on slopes exceeding 30% in grade shall be prohibited. Design of �.. development on slopes exceeding 15%a in grade shall be approved by a Colorado `%� registered professional engineer. �� 6. Pubiic teail deve4opment adjacent to the Roaring Fork I2iver, as it travesses this property,shall be prohibited. ` 7. All dogs shall be leashed or kenneled. All fencing shall be 42" in heigh[or 3ess, with a 12"kick space between the top 2 strands. rt 8. Interior sprinkler systems shail be required for any residence containing more than ; 5,000 square feet of floor area,as calculated by the Uniform Building Code. (. 9. At building permit application, the applicant shall provide a drainage and erosion control glan for review and approval by[he Pitkin County Engineer.In addition to _ , ' addressing residential and driveway construction,the plan shall address the corral areas,their proximity to wetlands,shallow water table and the Roaring Fork River. � Areas disturbed by construction shall be revegetated within one year of construction. ►i 10. Prior to issuance of a certificate of occupancy for a new residence on Parcel 1,the � existing residence shall be removed or deed restricted pursuant to County � , ' regulations in effect at the time of building permit application for the primary �` �. 391549 @4/08/96 01:48P PG 3 OF 6 ? ; , �:` i ' 1;.,^ 4 t: ' • ..'v'�>.. • . k}. ' o.i -a1W�FiYYiY11�YfMiiH�� _-__ .,�..... ��._��....�.. a..e.......�_. ._.__e.... ..._,.,__,. .. ..... �+. , . . �8ib ' -'�{�Y �L��-"s: rar�,�l �� w�"Y x�x4.,�s� iF,u```�w'��,xw f�.��. �,� ,.,..r. _ .� i. _. , . � . - . .,. . + ". e�'� -...,.ro. _ .. .�. ,. �.. ,., . .c1.. ,�J'..t�.u:el�k,�7.u.x.. ... . . , i.�:z. �{'. Resolution No.96-�� ,', Page 4 �':'' residence. The Site Plan shall identify the residence which is to be removed. The Pazcel Owner may reside in the existing or remodeled residence(which is not to , exceed 1,500 square feet of net liveable area)prior to the issuance of a Certificate of • Occupancy for the new residence in the primary building envelope. •, 1 I. The following shall apply regarding pond modifications: . Tfie repair, reinforcement or rebuilding of the existing dam in its current alignment,which is deemed necessary by a professional engineer is hereby granted 1041 approval. However,if the owner wishes to modify the current i alignment of the dam for aesthetic purposes,the owner shal]submit a plan • � setting forth the proposed modifications, and the Plan shali be subject to ! County]041 regulations in effect at the time of the proposed improvements, iand to any other necessary state or federal approvals. I • Dredging of the pond to enhance aquatic habitat,and removal of the dredged I material by hauling is hereby granted 1041 approval and shall not be subject to additional 1041 Review. However, if the owner wishes to utilize the dredged material for pond modi£cations, the owner shall submit a plan setting Forth the proposed modifications and the Plan shall be subject to County 1041 regu]ations in effect at the time of the proposed improvements, and to any other necessary state or federal approvals. . Any other modifications to the pond or wetland areas delineated on the site plan shall 6e subject to County 1041 Regulations(in effect at the time of the proposed improvement) and to review by other authorized State and/or Federal agencies. j ; 12. Prior to issuance of a building permit for a detached employee dwelling unit, the j applicant shall record a deed restriction for the unit according to Aspen/Pitkin 1 Housing Guidelines in effect at the time of building permit application. i i 13. All material representations made by the applicant in the application and in public meetings shall be adhered to. � APPROVED A1�ID ADOPTED ON THE 13TH DAY OF MARCH,1996. �. : 391549 04/@6/96 �D1:48P F�C� 4 OF S - 4 ' ,�` + ' .._ . r i;.,�,�.* . .�'. . �,� . , , �'.�.o_. . .. .t:n• ..,:,.:�. �. . .�. . ._ . . �.- ... -... . �� _g,a r. c�._,.r^ , . .�... . ... ... ..ltl.,...e.o,�±x., ...a..l.d.,�.� lk..��4r4;' �':izf.+.AR)V.w,l$. � ,-�, '.�' k..:.: .�_� ��,�r� - � l�' . Resolution No.96-,i�P S": Page 5 � �`•. .i'�:;, BOARD OF COUNTY COMMISSIONERS, s PITKIN COUNTY,COLORADO #� :,;' By -- - 1��— James R.True,Chairman 4 D TE ti/S/96 � ATTEST: I ��" ( Jea� tte Jones,Deputy Clerk& order APPROVED AS TO CONTENT: APPROVED AS TO FORM: a , , (�� G ' � � _—___"'�"""" r_ '__"_'__ 1 _ I � Cindy Houben, John Ely,County Attorney Community Development Director j � � I i I391549 @4/08/96 Q1:48P PG � OF 6 � t I i � '- i s i : _ . - _ _ r - • _- ---- 1 � � R:,_ . . . - 4 .l�, . ^ , t'I , � . 1 ' � . `�' . . . . � : . . , . ,�, .. �. � . . •p�� : i . ...._.__.._ __ .....�.,..__ ..... ._.._ ' I ' . . �........n....w�..�..rc�M:�....La.��.W�.......�.i_..._ _ � ��! i {� � t � (��'{ �9 �f� ( �" .C��',,�I�. Alpine Surveys,Inc. ?��'�`� Post Office Box 1730 ��. • Aspen,Colorado 81612__ __ _.., 970 925 2688 � ,K� �'�.�.,s i i:•. ; �XHIBIT A i, � ; f,,;.. ! LEGAL DESGRIP710N- P?�RCEL t#1 �•'+"4� � ,4 trect of land situated in the south half of the southeast quarter of Sec+ion 34, . Trnvnshfp 10 south,and in tfie norTheast quorter of the northeost quarter of Section 3, � � ( TownShip 11 sputh,Range 84 west af the sixth principal,Pitkin Gounty,Golorodo,more ^ particu�arfy described as foNows: i __:. Begtnr+Mg at the polrrt of intersection af the north line of the south half of sald 5eciion tn � 34 with the soufherly Right-of-Way line of Golorado State Highway No.82 whence the f northeast corner of the south haVF aF the southeast quorter of sdid Section 34 beors -a-- � 5 8B' 07'00'E 2010.65 feet; Thence along said Rigkt-of-Way Ilne the following courses erxl dktances: �- 392.19 feei along the arc af a non-tangent curve to Yhe right having a radlus of � L332.40 feet and whose chord bears I S 64�56'03"E 390.77 feet; +;. 5 57`10' 00'E 100.00 feet; IS 56'30' 00"E 880.00 feei; ; I S 55'10' Od'E 100.00 feet i . 258.10 feet along i'he arc of a non-tongerrt curve to the right hcving a radius oF 616.20 E � feet and whose chord bears S 44 30'00"E 256.22 fee+; � ( , 5 33'50'00"E 100.00 feei: � � 5 32'30'00"E 61.60 fee?; ',lf,� S 33'30'00"E 100,00 feet }�,'' 4267 feet along?he arc of a non-tangeM curve to ifie left having a radius of 1054.90 � � � feeh and whose chard bears S 33 39'24"E 42.67 fee+; ' Thence deportin9 from safd highwoy Rlght-of-Way line south 901.40 feet; f Thence N 63'59'.58"W 76.62 feat f Thence N 44'S2'45"W 205.58 feei; Thence 5 82'10' 56"W 26459 feet; i Thence N 64'12'29"W 450.34 feet; ' Thencs North 400.00 feet; � Thence 5 89'45'42"W 202.00 feet; �' j Thence N 08'36'27"W 721.83 feet; , , Thence N 59'42'5T W 373.80 feet; Thence N 28'�45'29"E 36.2'7 feet; � -'+. Thence N 61'b4'97"W 79.09 feet � Thenc�N 37'A3' 46"W 100.00 feet; Thence N 52'16'14"E 41.00 feei; �.� Thence N 33'33'00"W 385.67 feet to the in?erseciion with the norlfi Ifne of �,, - tfie souifi half af the soutfieaet quarter of said sec+ion 34; �� ... Thence 5 B6'07'00"E 155.31 feet along the north Ilne of the south half of the q: � southeast quarter af said section 34 to the irrYersection with the southerFy Wgkriof-WaY F)y � line of Golarado State Highway No.82,the point of beginning;contdining 35.107 acres, �Rq more or less. M.�i �{ 391549 @4/@8/9E 01:48P PG 6 OF 6 ,� � I ' � i ts;. �o. '� . . _..... . .__....._.. ';' : '. ._. .__""_._ ..__ . . ... ._ � . ... . ,` . � � 4 Y ; _ , y �. . _ � ` . , r . . . �._� � t;�; �.,r.:, ��