HomeMy WebLinkAboutbocc.res.148.1997 l 4
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO,REPEALING RESOLUTION NO. 97/y)ND GRANTING 1041
HAZARD REVIEW,RIDGELINE REVIEW,AND CONCEPTUAL SUBMISSION
APPROVAL TO THE HOFFMAN/MEYERS PARCEL
Resolution No. 97-/Y(
RECITALS
1. Rhona Hoffman(hereafter"Applicant")has applied to the Pitkin County Board of County
Commissioners (hereafter"Board") for 1041 Hazard Review, Ridgeline Review, and Conceptual
Submission approval to construct a single-family residence.
2. The property is described as Lot 12-A, Shield-O-Terrace Subdivision, and is more
particularly described in Exhibit 1.
3. The property contains approximately 3.42 acres and is zoned RS-30.
4. The property is impacted by slopes exceeding 30%.
5. This application was reviewed by the Planning and Zoning Commission(hereafter
"Commission") at a regular meeting on May 20, 1997, and a recommendation of denial was
forwarded to the Board.
6. The Board heard this application at its regularly scheduled meeting of July 23, 1997, at
which time evidence and testimony were presented with respect to this application.
7. The Board found that development of the subject property is prohibited, pursuant to Section
3-80.50(C)(2),which prohibits development on slopes of greater than 30%. The Board voted
unanimously to deny the application as evidenced by Resolution No. 97-/ (attached as Exhibit 2
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8. Pursuant to Section 4-150 of the Land Use Code, the applicant requested a hearing to
determine whether the Board's denial of the application constitutes a taking of private property
without just compensation.
9. The Board conducted its takings hearing on July 23, 1997, at which time further evidence
and testimony were presented concerning the taking.
10. The Board finds that the previous denial does constitute a taking of all reasonable use and
economic return from the subject property, since there is no logical means to provide access to the
building envelope without crossing slopes exceeding 30%.
11. The Board finds that the property is not appropriate for any use other than residential, and
the Board does not wish to purchase the property.
12. The Board finds that this application proposes development in the best possible location,
given the hazards identified on the property.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby repeal Resolution No. 97-_
BE IT FURTHER RESOLVED by the Board that it does hereby grant approval to the
Hoffinan/Meyers 1041 Hazard Review, Ridgeline Review, and Conceptual Submission, subject to
the following conditions:
1. The applicant shall adhere to all material representations made in the application and in public
meetings.
2. Prior to building permit application, the applicant shall record a 24"x36" mylar 1041 Hazard
Review Site Plan which meets the approval of the Community Development Department and
the County Attorney. The site plan shall include the following 1041 Hazard Review Warning
and Disclaimer; " The provisions of these regulations do not in any way assure or imply that
areas outside of designated hazard areas will be free from hazards, or that approved
mitigation measures will guarantee the safety of any property."
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The site plan shall also be submitted in a digital format for integration into the County GIS
system.
3. The proposed driveway shall meet Pitkin County standards for access drives. The applicant
shall obtain an access permit from the County Engineer prior to commencement of
construction of the driveway. The access road, "Old Pond Road", shall be improved to
County driveway standards before an access permit will be issued. Any retaining structures
associated with the driveway should 'be indicated; showing proposed height, length, and
building material. All cuts and fills associated with the driveway shall be revegetated within
one growing season of construction.
4. Building foundations shall be reviewed and certified by a Colorado registered professional
engineer. Foundation plans shall be submitted at the time of building permit application.
5. The home should be designed to prevent the accumulation of radon gas.
6. The applicant shall submit a drainage and erosion control plan which meets the approval of
the County Engineer, prior to the submittal for a building permit. In addition to addressing
permanent drainage and erosion control measures, the plan shall include temporary erosion
control measures for construction.
7. 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.
8. 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 and the extension of the access driveway. This includes landscaping,
well, and septic systems.
9. 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.
10. 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.
11. Outside illumination shall comply with County lighting standards in effect at the time of
building permit issuance. All exterior lighting shall be shielded from view of Snowmass
Creek Road. There shall be no facade or landscaping lighting on the east side of the house
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Resolution No.97/V
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12. The applicant shall obtain a fireplace/wood stove permit with Environmental Health
Department prior to the issuance of a building permit.
13. The applicant shall implement the following measures to mitigate impacts to wildlife:
a. Maintain native vegetation outside of building envelope.
b. All garbage shall be contained in wildlife proof garbage containers.
c. Any fencing shall be 42" high or less, 4 strand or less with a 12" kickspace between
the top two strands. Any rail fencing shall be the round or solid rail type, 42", 3 rail or less
with at least 18"between two of the rails.
d. There shall be a one dog limit with a kennel restriction. The kennel shall be constructed
before a certificate of occupancy is issued. When not kenneled all dogs shall be leashed. No
dogs on site during construction.
14. 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) All brush located downhill from the structures shall be thinned and clumped for a
distance of 70 feet. Up slope and to the sides the thinning shall be for 50 feet. Brush, debris,
and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter around
the remaining sides of structures. In this 10 foot perimeter vegetation shall be maintained at
6 inches or less.
2) Spacing between clumps of brush and vegetation within the defensible space
perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the
clumps shall be two times the height of the fuel. All measurements shall be from the edges
of the crowns of the fuel.
3) All branches from trees and brush within the defensible space perimeters shall be
pruned to a height of 10 feet above the ground and removal of ladder fuels from around trees
and brush. Shrubs less than 10 feet in height should have lower limbs removed up to half the
total height.
4) Tree crown separation within the defensible space perimeters shall have a minimum of
10 feet between the edges of the crowns.
5) All branches which extend over the roof eaves shall be trimmed and all branches
within 15 feet of the chimneys shall be removed.
6) All deadfall within a 100 foot perimeter of all structures shall be removed.
7) A cleared strip for 10 feet shall be maintained on either side of the driveway to create a
fuelbreak.
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8) 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.
3) Structures shall be positioned on the western edge of the building envelope, as far
from the slope as practicable.
4) Any decks or projections below the roof line extending toward the down slope shall be
enclosed by solid vertical walls as per code Section 3-80.70 C. 4. or be constructed of totally
noncombustible building materials.
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.
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) Address shall be clearly marked with 2 inch non-combustible letters and shall be
visible and installed on a non-combustible post.
9) The driveway shall be a minimum of 12 feet wide with minimum inside turning radius
of 33 feet. The maximum grade should be limited to 12%.
15. As per BOCC Ordinance #96-19 no building permits will be issued for this property until the
Shield-O-Mesa and/or Shield-O-Terrace roads (as appropriate) are improved to be in
compliance with the standards set out in Ordinance #96-19. Prior to issuance of a building
permit the applicant shall show evidence of having joined a road improvement association or
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improvement district and paid a prorata share of assessments for necessary improvements
required by Ordinance# 96-19.
16. All new utility service lines extensions shall be buried within existing roads and driveway.
17. No reflective glass or roof materials will be allowed. Exterior building materials and colors
should blend with the natural environment.
18. In the case of development on slopes greater than 15%, design and development shall be
based on a detailed site analysis, including geologic and engineering studies to identify the
best development area based on the following considerations:
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 contouredso they can be revegetated.
e. Steepening of existing slopes shall be avoided.
f. Confine cuts, fills, grading, and excavation to the minimum area needed for
construction.
APPROVED AND ADOPTED ON THE 23rd DAY OF JULY, 1997.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY,COLO' ' DO
By / /440/1"
Bill Tuite, Chairman
T:
/
_ , .Al/.I►_& i
Jeane Jones, Deputy C,, my Clerk
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
filit9671 , • . 9 7 -------___7
Cindy Houben John El
Community Development Director rry
Cuorney
P41-95
2645-224-00-010
cases/hoffmres.doc
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.
Exhibit 1
-1D'r 12-A, 5EIEI.D-O-TERRACE, more particularly descrybed ae follows
A tract of land in Dots 1 and 3 , Section 22, Township 3 Scuth, :lanae 86
West of the Eth Principal Meridian, more particularly described follows:
SEG:NNING at a point being 1398 . 14 feet Tcrth 22°00 ' East from the South
Quarter Cerner of Section 22, Township 9 South. Range 36 West of the Etii
Principal Meridian;
Thence North 85°OE ' East 184.37 feet;
T'hetice North 45°041 East 70 . 54 feet;
Thence North 36904 East 298-77 .feet;
Thence North 37914 ' East 90 . 82 feet:
Reserving a 30 fit right of way and utility easement on the So•itherly
and Zasterly side of the above described four courses;
Thence South 53°3C ' East 3F.O .C•0 feat;
Thence South 38903 ' West 593 .88 feet;
Thence North 64°37' West 115 .0 feet;
Thence North 77006 ' West 155 . 16 fee_;
Reserving a 15 loot uttJity easement on the Northerly and Easterly sides
of the above described last two courses;
Thence North 12°40 ' East 60.55 feet;
Reserving a 30 foot richt of war and utility easement on the Easterly
aide of the above described course, to the Point cf 2egtmning.
TOOE:I;ER with a right of way for ingress and egress to and from road
,along presently constructed roadway, as granted in instruments recorded
in Book 228 at Page 58x2 and in Book 235 at Page :.59 .
COMITY OF PITIMT,
STATE OF COLORADO
•
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SUBMISSION TO THE HOFFMAN/MEYERS PARCEL
Resolution No. 97- /y�
RECITALS
1. Rhona Hoffman(hereafter"Applicant")has applied to the Pitkin County Board of County
Commissioners (hereafter"Board")for approval to construct a single-family residence.
2. The property is described as Lot 12-A Shield-O-Terrace Subdivision, and is more
particularly described in Exhibit 1.
3. The property contains approximately 3.42 acres and is zoned RS-30.
4. This application was reviewed by the Planning and Zoning Commission(hereafter
"Commission") at a regular meeting on May 20, 1997, and a recommendation of denial was
forwarded to the Board.
5. The Board heard this application at its regularly scheduled meeting of July 23, 1997,at
which time evidence and testimony were presented with respect to this application.
6. The Board finds that the parcel is encumbered by slopes in excess of 30%,and that slopes
in excess of 30%would have to be crossed to provide an access driveway.
7. The Board finds that development of the subject property is prohibited, pursuant to Section
3-80.50 C. 2. of the Land Use Code, which prohibits development on slopes of greater than 30%.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby deny the Hoffman/Meyers 1041 Hs7ard Review and Conceptual
Submission. 1 111111 11111 111111 IIIA IIII 11111111111! IIIiiti DAVVIS SILVI -407584 08/25/1997 11:58A RESOLUTI 1itiVI
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Pl"IKIN COUNTY, COLOAir-- •
75,BV
1 Bi Tuite, Chairman
A ST:
i'. / ' v/
Jean e Jones, Deputy,to unty Clerk
V
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
g/i) 7'127111c.,.
7. /l. 17
Cindy Houhen John Ely
Community Development Director County ttomey
P41-95
PID #2645-224-00-010
cases/hofresdn.doc
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ttvN 6.41CL74
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Quarter Corner of SectionJr:
22, TowshiF9�. W.3outr. Range 96 West of the 6t$
Principal Meridian;
• Thence North 85°OE ' East 184.37 feet;
Thence North 45°04 ' Eaat 70. 54 feet;
Thence North 36°04 ' East 298.77 ,feet;
Thence North 37.14' East 90. 82 feet;
Reserving a 30 foot right of way and utility easement on the southerly
and 3,asterly side of the above described four courses;
Thence South 53°3C ' Bast 350 .00 feet;
Thence South 58°03 ' West 593 .88 feet:
Thence North 54°37' Wen_ 115.0 feet;
Thence North 77°0E ' West 155 . ,6 feet;
Reserving a 15 foot uttIlty easement on the Northerly and Easterly aides
of the above described last two courses;
Thence North 12°40 ' East 60.55 feet;
Reserving a 30 foot right of way and utility easement on the Easterly
side of the above described course, to the point cf Eeginning.
TOOETHF.R with a right of way for ingress and egress to and from road
,along presently constructed roadway, as granted in instruments recorded
in Book 228 at Page 580 and in Book 235 at Page 159 .
COUNTY OF P ITKIN,
STATE OF COLORADO
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