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. RESOLUTION OF THE BOARD OF COUNTY CONIIVIISSIONERS OF P1TKIN COUIVTY, •
COLORA.DO,RESCINDING RESOLUTION NO.97-,7J AND GRANTING 1041 HAZARD ��
REVIEW AND CONCEPTUAL SUBMISSLON APPROVAL TO CHARLES YATES ' �
' ResoluHon No.97�
RF.('Tf'Ai C �
� 1. Charles Yates(hereafrer"ApplicanP')has applied to the Pitkin County Board of County
Commissioners(hereafter"Board")for]041 Hazarcl Review and Conceptual Submission approvai b� ,
construct a single-family residence.
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•- 2. The property is located at 0795 Elk Lane,and is described as Lot A-7,Redstone Ranch Acres.
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3. The property contains 12,100 square feet and is zoned AFR-10.
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4. T'he property is impacted by the following hazards:
� • Mapped elk winter range '
. i • Adjacent to bighorn sheep winter range,winter concentration area and production area.
� • Sevece wildfire hazar6•,
. . 1 • Slopes of IS-30%within the building envelope;
' � • Potential rockfall hazard outside of the building envelope;and t.
� • Alluviat fan.
' - 5. 7'his application was reviewed by the Planning and Zoning Commission(hereafter"Commissiod�
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' at a regular meeting on February 4,1997,an%a recommendation of denial was forwazded to the Board.
6. The Board Iteard this application at its regularly scheduled meeting of Mazch 26,1997,at which
=� , time evidence and testimony were presented with respect to this application.
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7. The Board found that development of the subject property is prohibited,pursuant to Section 3-
' ' 80.70(A)(3)of the Land Use Code,which prohibits development in areas identified by the Colorado State �
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iForest Service as containing severe�vildfire I�azard hazard and Section 3-80.50(Cx2),which prohibits , �
development on slopes of greater than 30%. The Board voted unanimously to deny the application as
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i evidenced by Resolution No.97-�7 attached as Exhibit"A". �
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_ 1('�III��III I�I'�I�I'�I I"I�II�III'I���III'��'I II'I IIII I� '
` � 403646 04/22/1997 02:0'JP RESOLUTION
1 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
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Resolution No.97-�(� ��t�•
. Page 2 , .
8. Pursuant to Section 4-I50 of Nie[,and Use Code,the applicants requested a 6earing to detennine
whether the Board's denial of the application constitutes a taking of private property without just .,'n
compensation.
9. The Board conducted its takings hearing on March 26,1997,at which time further evidence and '
testimony was presented concerning the taking. ' �
I 0. The Board finds that the previous denial dces constitute a taking of all reasonable use and economic ,
return from Nie subject prope�ty,since there are no developable areas on the subject property outside of
. .. confimied severe wildfire hazard areAS.
F 1 l. The Board finds that the property is not appropriate for any use other than residential,and tlie
} Board does not wish to purchase the property.
12. The Board finds that this application proposes development in the best possible location,given the
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� � livards identified on the ro e
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• � � j NOW THEREFORE B�IT RESOLVED by the Pitkin County Board of County Commissioners
, - � that it does hereby rescind Resolution No.97-�5
` BE IT FURTHER R�SOLVED by the Board that it does hereby grant approval to the Yates 1041
Hazard Review and Conceptual Submission,subject to the following conditions:
- . 1. The applicant shall adhere to all mlterial representations made in the appfication and in public
meetings.
2. Prior to buildin�pennit application,tlie applicant shall record a 24"�6"myl�r 1041 Hazard
i Review Site Plan which meets the approval of the Community Development Department and the
County Attomey.The site plan shall also be submitted in a digital format for integration into the
t County GIS system. The site plan shall be amended as follows:
`� A. Tlie signature block shall be amended for the Chainnan of the Board of County
Commissioners.
, B. The site plan shall include the following 1041 Hazard Review Waiver. "Applicant
acknowledges th�t he/she has been informed by Pitkin County of the existence of 1041
t ' environmental hazard areas that might affect the property,any improvements,and the ,
use and occupancy thereoP'.
C. The front(east)boundary of the building envelope may be established at 20 feet from
the front lot line. The septic system may encroach into the required 30 foot frotn yard ��
1 II'III"III'II"I II'II I"I'II'III'I"I II�'III'II'I I'II
403646 04/22/1997 02:09P RESOLUTION .
2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
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Resolution No.97-�� �,;�ri.
Pa�e 3 �>
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setback;however,all structures shall be located oukside of the required 30 foot front yard -
setback. +
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3. The proposed driveway shall meet Pitkin Coimty standards for access drives. The applicant shall :
obtain an access pennit from the County Engineer prior to commencement of construction of the ' �
drive�vay.
4. The Appliclnt shal I comply with the follo�viug standards for development on slopes in excess of
I 5%:
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A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water which may decrense slope stability shall be avoided. , .
C. Adding weight to the top ofthe slope shall be lvoided. .
D. Disturbed slopes shall be contoured so Hiey can be revegetated.
E. Steepening ofexisting slopes shall be avoided.
- F. Confine cuts,fills,groding and exc�vation to the minimum area needed for construction.
� 5. The home shall be designed to prevent the accumulation of radon gas.
� G. Positive landscapiug shall conduct surface water away from the building site.
� 7. No development,including grading,landscaping or vegetatiou removel shall occur outside of the
` approved building envelope escept as may be necessary to intplement the wildfire mitigation
� measures and the e�tension ofthe access drive�vay. This includes landscaping,well,and septic
t systems.
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8. Prior ro issuance of a septic permit,the appliclnts sha11 provide documentation to the
. . • � Environmental Health Department 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 shall be within the approved building envelope.
9. A septic permit shall be obtained from the Environmental Health Department,prior to issuance oFa
building permit.The sewage disposal system must be located within the building envelope and
meet all euvironmental setback requirements.
10. Outside illumination shall comply with County lighting stnndards in effect at the time of building
permit issuance.
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�� 1 1. The applicant shall obtain a fireplace/�vood stove permit with the Environmental Health
j Department prior to the issuance of a building pemiit.
i 12. The applicant shall implement the following measures to mitigate impacts to wildlife: •
, A. Native vegetation oukside the building envelope shal)be maintained to the extent
possible given wildfire mitigation requirements.
f B. Only one dog is permitted on the property,and the dog shall be kenneled. The kennel shall .
be constnicted prior to issuance of a Certificate of Occupancy.
C. All trash shall be kept in approved bear proof garbage containers. ;
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� 403646 04/22/1997 02:05P RESOLUTION
3 of S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
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Resolution No.97-� !'•=A;>':'
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13. The applicunt shall comply with the following landscaping and tvildfire defensible space mitigatioii : +
standards: � ,�''
A. Brush,debris,and non-ornamental vegetation shal(be removed within a minimum � -
10 foot perimeter around the structure. ,
B. Vegetation shall be reduced to break up the vertical and horiwntal continuity of the
fuels a minimum of a 30 foot perimeter tuound the structure. '� '
C. Spacing between clumps of bivsh and vegetation within the 30 foot perimeters shall �` '�
be a minimum of two times the height of the fiiel. Maximum diameter of the � �?'
clumps shall not exceed 10 feet. All measurements shall be from the edges of the
crowns of the fueL `
D. AII 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. r,
�� E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10
. t feet between the edges of the crowna
f F. All branches which extend over the roof eaves shall be trimmed a�id all bra�icl�es �
within 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 die]00 foot perimeter shall be removed.
- I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
� j J. The applicant shatl be responsible for the continued maintenance of d�e defensible
- . � i space vegetation requirements.
. • � 14. The applicant shall comply with the following additional wildfire mitigation standards:
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, A, Roof construction shall be Class A,non-combustible or metal material with no flat roofs.
. � B. Vents shall be screened with corrosive resistant�vire mesh wid�mesh'/.inch maa:imun.
C. 2oofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter,slash,and flammable debris. ,
E. All flammable materials shall be stored on�parallel contour a minimum of I S feet away
' from any structure.
F. Weeds and grasses�vithin a 10 foot perimeter of any structure shall be maintained ro a
'• height not more than 6 inches.
s G. Firewood/wood piles shall be stacked on a panllel contour a minimum of 1 S feet away
� from any struchire.
t H. Fences shall be kept clear of brush and debris.
I. Wood fences shall not connect Yo the structure.
� �t J. Any outbuildings or additional structures shall adhere to the same standards as structures. ,
K. Fuel tanks shall be installed underground with an approved container.
j L. Propane tanks shall be installed accordina to NFPA 48 stlndards and on a contour a�vny
from the sVucture with standard defensible space vegetation mitigation around any above- '
� ground t1nk. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire-resistive construction on the esterior side of the�valls. `
M. Eadt structure shall have a minimum oFone!0 pound approved ABC fire estinguisher -
placed in a visible and accessible location. • i "
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. 403646 04/22/1997 02:06P RESOLUTION
4 af S R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
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Resolution No.97-� ��j -;
Page 5 �tit+.�.
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N. Addresses sliall be clearly marked with 2 inch non-combustibte letters and shall be visible '
and installed on a non-canbustible post. ;
O. Utility lines shali be buried. NOTICE OF PUBLIC HCARMG PUBI,ISHED IN T�- �1 r
�VFF �_ �DAY OF ,
1 1 F F 1MF ONTFIE" �:;,
APPROVED AND ADOPTED ON TEI�26TH DAY OF MARCF�I,1997.
PUBLISHED AFTER ADOPTION IN W F_ BOARD OF COUNTY COMMISSIONERS, `,,�`�
� t N TI ON THE ' DAY OF PITKIN COUN COLORADO
__,1997. .
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By .
Bill Tuite,Chainnan '
ATTEST:
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� ,,��,/ a� lte Jones,Deputy County Clerk
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APPROVGD AS TO CONTENT: APPROVED AS TO FORM:
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� ! Cindy Houben %_ Jolln Ely
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t Communiry Development Director �'"�� County Attomey ,
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- i ' P139-96
2729-292-03-006
suzannewlpitkinlcases110411yateslreso.doc
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403646 04/22/1897 02:09P RESOLUTION :
B of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK � .
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