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Home My WebLink Aboutbocc.res.200.1996 .�+"�c� �""-�,. k (!!�� .�� ` �,r.r_...rn.,. . . • " ... . ,. � ' , �.r, ..h�.x. . j .., �,�:i.. .__' .�. .�y..`i;e,4:�ti4�u �.j?.,,:��+'.tr 3954Q�7 �1a/01196 10:27A GG 1 OF ;, ��#. REC bOC UCG A �`�� SILVIA DRVIS F�ITKIlV CQ!lNTY CLERK & RECORDER �6.Q+0 a,Q�m a • ��:4C`u�. F�_, F), , .:��c ky`�� :�:. RESOLUTION OF THE BOARA OF THE COUNTY CONIl�IISSIONERS OF ' PITKIN COUNTY,CULQRADO :' '. RECOGrTIZING COMMON LAW VESTED REAL PROPERTY RIGHTS ' ': FOR ''�': 'a,. IAT i,FOWELL SUBDMSION •. Resolution No.96- �� RECITALS `��" � 1. John W.and Rattikan Powell{hereinafter"Applicants")have applied to the - Piftdn County Board of County Commissioners(hereinafter"Board") for consideradon of an + extension of vested reat property rights pursuant to SecGon 4140-30 of the Land Use Code � with respect to Lot 1,Powell Subdivision as shown on the Final Plat Powell Subdivision � recorded March 10, 1993 in Plat Book 30 at Page 47,of the office of the Pitidn County � F Clerk az►d Recorder(the "Property"). 2. Pursuant to Resolution Nos.92-383 and 93-ZS the Applicants received Generai � � Submission and Final Plat approvals,respectivety, for the Poweli Subdivision,a 5056 ' Density Reduction Lot Split. The Lot Split subdivided 144 acres into two pazcels containing 30.2 acres(I.ot 2)and 113.6 acres(I,ot 1),respectively. i � 3. T'he Board considered the ApplicanYs request at its regularly scheduled meetings of May 22, 1996,June 26, 1996 and July 24, 1996,at which dme evidence and testimony were presented with respected to this application as follows: . � a) The Applicants fully complied with all conditions of approval as set forth in Resolution Nos. 92-383 and 93-28. � '- 1 � __ _ .. .. ::' . . _ _ 1 w:.: _ � � , � . � , . .�. ; ,,��* . ��. � . . ,.; K .: � i 'M;> ..:'J k .. . � • ' .�.. ' _' �lF� ..t..�. �. r.�� .-.: ' .,... �-� �.... ..:.� . .'� �.:1 , ! ...i1�:i �4/.�!�� 1. . ... , .. . . . 4� I,�.�l..:.r..L..��:-,J',� ..,� .r .. � ��,_..,. • 39S4Q7 08/01/96 1�D;�7A �G ^c OF 5 �',` ' t�'�''•'�i;4`; �;.�. b) The Applicants have expended the monies ne�essary to make the � � improvements requir�under the road improvement agreement recorded March 10, '`:. �.�' 1993 in Book 705 at Page 708 of said office. " •. c) The Applicants conveyed Lot 2,Powell Subdivision by deed recorded _ March 16, 1993,in Book 7U6 at Page 170 of said office,and a building permit has been issued for the construction of a residence on said lot. � " f. ,: , d 4. The Boazd determined that the Applicants have established common law vested rights, in perpetuity, with respect to the prior approvals by the Board relating to the Property ' by their reliance,in good faith,on such approvals. 5. Applicants,as the current owners of the Property,accept and agree to be . bound by the terms and conditions of this Resolution. $ ! NOW,T�iEREFORE,BE TT RESOLVED by the Pitkin County Board of County ; Commissioners that it does hereby recognize and confirm the common law vested rights for i i the Property,in perpetuity, subject to compliance with the following conditions: i I _ 1 I. The Applicant shall comply with the following standards for development on ! slopes of greater than 15Y'o. � 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. Dismrbed slopes must be contoured so that they can be revegetated. E. Stetpening of exis6ng slopes shall be avoided. -2- ��'- � i iI I. / .. .. _ .__. . . ... . . . . . . �.,_�.. ��';�..�, .. , . ti -• . Y �-� . �. � �. � , :+,''��s� . . fr� • .,,i .:'.: . y _in .�.. . . . . .. . . _. . .. ..-...... ... .. .._..._..._. .. 3954Q�7 4+8/01/96 SIT:c�'A PG .� OF 5 �,`,�,",' .i`; ��,.. �rt' , y.;.}�si, ,•;i•. F. Confine cuts, fills,grading and excavation to the minimum azea needed r'' for construction. ., �� II. The Applicant shall comply with the following landscaping and wildfire � defensible space mitigadon standards(this condition shall superseded condidon �•: ' No.25,ResoluNoa No.92-383): A, Brush,debris,and non-ornamental vegetauon shall be removed within a ;;. minimum of 10 foot perimeter azound the structure. 4 ^ " B, Vegetallon shall be reduced to break up the veftical and horimntal r.4`�. continuity of the fuels of minimum of 80 feet on the dawnhill side of the residence and up to 50 feet on the sides and upslope side of the residence. C. Spacing between clumps of brush and vegetation within the perimeter noted above shall be a minimum of two(2)times the height of the fuel. ; Maximum diameter of the clumps shatl not exceed ten(10)feet. All measurements shal(be from the edges of the crowns of the fuel. , D. All branches from trees and brush within the perimeter noted above shall be pruned to a height of ten(10)feet above the ground and ladder fuels from azound trces and brush shal[be removed. � E. Tree crown separation within the perimeter noted above shall have a ; minimum of ten(10)feet between the edges of the crowns. F. All branches which extend over the roof eaves shall be trimmed and alt branches within fifteen(15)feet of the chimneys shall be removed. G. The density of fuels within a 100 foot perimeter of the structure shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. � I. The Applicant shall be responsible for the wn4nued maintenance of the - defensible space vegetation requirements. , III. The Applicant shall comply with the following additional wildfire mitigation standazds: A. Roof constmction shall be Class A, non-combustible material with no flat roofs. B. Vents shall be screened with corrosive resistant wire mesh with mesh '/a inch maximum. C. Roofs and gutters shall be kept clear of debris. D. Yards shali be kept clear of all litter, stash,and flammable debris. E. All flammable materials shall be stored on a parallel contour a • minimum of fifteen(15)feEt away from any structure. ' F. Weeds and grasses within the ten(10)foot perimeter shall be maintained to a height not more than six(6)inches. -3- � -_ � ___ __ _ _ . . , • ' ' �~ , : t "' . � � .i. a ' . :;tc!` . .� . , . ' �.i - - rmrr■ ++�.' '✓r . . 4.. .n..... '..1' .. . ... ."7.:. �'I-�.,i +r .4...... �� ... / ....�=1�i .r��4i�:,. . � . . � )�: .N'.�•,: � 39:,4�D7 08/01/96 ].�r27R Pr, 4 CiF 5 . �'�+ � _ G. Firewood/wood pites shall be stacked on a parallel contour a minimum of fifteen(15)feet away from the structure. �Y H. Swimming poots shall be accessible to Fire Department vehicles. I. Fences shall be kept clear of brush artd debris. ��,, J. Wood fences shall not connect to the structure. � K. Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container. M. Propane tanks shall be installed according to NFPA 48 standards and . on a contour away fram the structure with standard defensible space . vegetation mitigadon around any above-ground tank. Any wood enclosure azound the tank shall be constructed with materials approved ' for two(2)hour fire-resistive construction on the exterior side of the walls. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visibie and accessible loca6on. O. Addresses shall be clearly marked with 2-inch non-combusdble letters , and shall be visible and installed on a non-combustible post. P. Utility Iines shai[be buried. Q. Residential sprinkler systems shall be installed in the residence. _ R. The Applicants shall install a water storage tank to accommodate a minimum of 2,000 galions of water storage for the residence. 1'he storage tank shall have a Fire Department connection which is accessible by roadway and near the skructure to be occupied. Said water storage tank and sprinkler system sha11 be aperaGonal prior to issuance of a Certificate of Occupancy. � ' IV. Prior to the issuance of a building permit for the constraction of improvements on the Property, the Applicants,or their successors and assigns, shall deposit ; $20,000.00(the"Funds")in escrow with Pitkin County Title Co.,Inc., Aspen,Colotado("Escrow Agent")in accordance with an escrow agreement setting forth terms and conditions satisfactory to the Applicants,the Pitkin County Attorney and the Escrow Agent. The Funds shall be available for � expenditure on improvements made to tfie Shield-O-Mesa Road(used for � access purposes to the Property)as may be established and accepted by Pitkin + County. Only so much of the Funds shall be disbursed by the Fscrow Agent for road improvement purposes as shall represent the AppIicant's share of such costs as determined by the County or a road improvement District established in the future to perform the improvements. Upon completion of the improvements to the Shield-O-Mesa Road, any unused portion of the Funds shalt be returned by Escrow Agent to the Applicants. In the event the Applicant's share of the cost of the road improvements exceeds the amount of the Funds,the Applicants or their successors and assigns shall be responsible for the additional cost. In addirion, the Applicants or their successors and � 4 - � _ ':.:- --._.. Y -� � � '' � i • . �:'c�> . .;;z�, - . . • :,.i ,: . w�� - . � • J} �' � � . . ,.'�..�. ; ,i��4.f � .: . .�..�. � � . .. 1��.��. ...., . : _ . ..!". . . -. . .�-.... . --..."1�.: ..:...-' ... .........., i�.. . . ..:. . .... .'..:.. .�. ... . .. � `�' 395407 Q�8/01/96 iO:��A F'G 5 OF 5 �G . �, 1v�'. assigns shall be responsible for any continuing assessment, tax, charge or fee, levieil on the users of the Shield-O-Mesa Road for annual repairs and maintenance expenses as the same may be approved by Pitkin County or other �, entity responsible for such repairs and maintenance. , . V. The Propeny shall not be subject w any moratorium on the issuance of building permits for its development. As a consequence of the common law ' vested rights granted in perpetuity by this Resolufion,the Applicants,their - successors and assigns, may apply at any time for the issuance of a building permit for the development of the Properry and may undertake and complete the development of the Property, notwithstanding the existence of any } moiatorium on the issuance of such building permits. i �, j . VI. Any development on the Property shall be required to conform to all other ' i pmvisions of the Pitkin County Land Use Code in effect at the time of this ! approval,except as otherwise modified in the other condi6ons outlined in this ' Resolution. � i � VII. The Applicants shall adhere to all material representations made in public hearings and in the applicadon. i - APPROVED AND ADOPTED ON THE 24TH OF JULY, 1996 BOARD OF COUNTY COMtVIISSIONERS PITKIN COUNTY,COLORADO . By: c--�—�. �James R.True, Chairman , i n D�te: 7-:1 rf-Cl� ( A� T: ; i � � �_ ��i (��/I c...i i Jr' ette Jones,D uty Clerk&Recorder � APPROVED AS TO CONTENT A PROVED AS TO FORM: ! ��2. ��z�.____.- �-- ; Cindy Houben -3��,C�,ouAty Attorney iCommunity Development Director Si S7u�t,vf 't , i. ; � nsz4. -5- ; _ ___. _ . _. _ . �_,__��_ ,:: . �� ` �,; � :, ... � .�_. . " � �� . . •u;: � . • a.)