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HomeMy WebLinkAboutpitkin.planning.273511103001 (2012)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and /or P &Z Ordinance for the BOCC and /or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x1') RECEPTION #: 694140,11/21/2012 at 09:18:54 AM, 1 of 4, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE GORSUCH ACTIVITY ENVELOPE REVIEW AND SITE PLAN REVIEW Administrative Decision NorJ� -2012 RECITALS 1) Jeffrey Gorsuch (hereafter "Applicant ") has applied to the Community Development Director of Pitkin County (hereafter "Director ") to establish an Activity Envelope that encompasses the existing single family residence and proposed improvements, and Site Plan Review approval to expand the residence (approximately 1,450 square feet of floor area, plus a 473 square foot garage and 882 square feet of basement/mechanical space). 2) The property is located at 75 Maroon Court, and is described as Lot 2, Gann Subdivision. The lot is within the Urban Growth Boundary. The existing residence was constructed in 1967. 3) The lot is zoned R -15B and contains approximately 15,130 square feet. 4) The Director finds that the request complies with the applicable provisions of the Code, as follows: A) The R-1 5B zone district allows a maximum floor area of 3,500 square feet on this lot; the proposed 3,495 square foot floor area complies. An additional 1,355 square feet of exempt space is also proposed. The gross proposed floor area of 4,850 square feet is less than the maximum allowed gross floor area of 5,750 square feet. B) The activity envelope is entirely comprised of slopes of less than 30 %. C) The wildfire hazard is mapped as low, and can be mitigated pursuant to the provisions of Sec. 7-20 - 60(c) of the Code. D) The parcel is within the mapped Scenic View Protection Area as seen from Highway 82. The proposed addition will be visible from the highway, but to a very limited extent, given the intervening residences and vegetation. The proposed addition will not penetrate a ridgeline or silhouette against the sky. E) The western side of the house and an existing shed encroach into the side yard setback; these encroachments have been included in the activity envelope. No expansion of the non - conformity is proposed. F) The existing well will continue to serve the residence. G) The proposed additional residential development is exempt from growth management up to 5,750 square feet of floor area, pursuant to Sec. 6 -30 -110 of the Code. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any building permit applications for the expansion, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Administrative Decision No.91-2012 Page 2 Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. 3. With the building permit application for the expansion, the Applicant shall: A. Obtain an access permit for the new driveway to the garage, which shall be approved by Planning/Zoning and Aspen Fire Department. B. Submit a site specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by Planning/Zoning. C. Submit a construction management plan for review and approval by Planning/Zoning. D. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. E. Submit a tree mitigation and landscape plan. 4. Prior to issuance of the building permit for the expansion, the Applicant shall pay the applicable road and employee housing impact fees, and the applicable fees to the Aspen Consolidated Sanitation District. 5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Defensible Space: The area around all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, 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): I ) Brush, debris, and non - ornamental vegetation shall be removed within a minimum 10 foot perimeter around the structure. Existing trees in the vicinity of the residence may remain, if a 10 foot perimeter is maintained beyond those trees. 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around the structure and the remaining trees. 3) Spacing between clumps of brush and vegetation within the 30 foot perimeter shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel. 4) All 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. 5) Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns, except for mature stands of aspen trees where the ladder fuels have been removed. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced. 8) All deadfall up to a 100 foot perimeter shall be removed. 9) No new conifer trees shall be planted within 10 feet of a residence. 10) No flammable mulches shall be placed within two feet of a residence. 1 1) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the building code. Wood shake /shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: Administrative Decision Nog/ -2012 Page 3 I ) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the approved building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. C. Additional wildfire mitigation standards: 1) Vents shall be screened with corrosive resistant wire mesh with mesh 'A inch maximum. 2) Roofs and gutters shall be kept clear of debris. 3) Yards shall be kept clear of all litter, slash, and flammable debris. 4) All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. 5) Swimming pools or ponds shall be accessible to Fire Department vehicles. 6) Fences shall be kept clear of brush and debris. 7) Wood fences shall not connect to the structure. 8) Fuel tanks shall be installed underground with an approved container. 9) Propane tanks shall be installed according to NFPA 48 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 2 hour fire- resistive construction on the exterior side of the walls. 10) Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. 11) Addresses shall be clearly marked with 2 inch non - combustible letters and shall be visible and installed on a non - combustible post. 12) New utility lines shall be buried within the driveway. 6. The Applicant shall comply with the following measures to mitigate impacts to wildlife: A. Native vegetation shall be maintained outside of the activity envelope. B. Trash/garbage shall be kept in an approved bear resistant container or enclosure, pursuant to the County's Wildlife Protection Ordinance. C. Contractors /construction workers are prohibited from bringing their dogs on site and shall be required to provide bear proof containers for all edible and food related trash. D. Avoid fruit- bearing trees and shrubs in any landscaping. E. All outside doors shall utilize only solid round handled door knobs, unless another type is required by the applicable Building Code for disabled accessibility purposes. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Decision. The exterior of the residence shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. r Administrative Decision NoV -2012 Page 4 8. No development including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, shall occur outside of the approved activity envelope, except as necessary to comply with the wildfire mitigation measures described above. 9. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 10. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 11. No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 12. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 13. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code § 2 -20 -170 and C.R.S. § 24 -68 -105. The statutory vested rights granted herein shall expire on N 'ove,nbe� / ", 2015. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11 th day of October, 2012. APPROVED by the Director, this day of % ye tan i , 2012. PUBLISHED AFTER ADO�P,,{J.ION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on thely day ofhQCp±J2r 2012. //\ o SA v2 LU �,, Cd Chicly Houben, Community Development Director PID 4273511103001 P092 -12 GORSUCH RESIDENCE SITE PLAN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920 -1125 SEPTEMBER, 2012 000001 of y-s- TABLE OF CONTENTS PAGE I. Project Description .............. ............................... 1 A. Application Request ......... ............................... 1 B. Property Description and Proposed Development ................. 2 IL Standards for Site Plan Review .... ............................... 4 A. Site Preparation and Grading .. ............................... 4 B. Steep and Potentially Unstable Slopes ......................... 5 C. Water Courses and Drainage .. ............................... 6 D. Wildfire Hazards ............ ............................... 7 E. Scenic View Protection Areas /Rural Character .................. 13 F. Landscaping and Vegetation Protection ....................... 17 G. Roads, Driveway and Parking ............................... 18 H. Public Services and Utilities .. ............................... 18 III. Conclusion .................... ............................... 19 EXHIBITS #1. Title Report #2. Letter Authorizing Submission of Application #3. Pre - Application Conference Summary #4. BOCC Ordinance No. 027 -2006 #5. List of Owners Within 300' of Property DRAWINGS Vicinity Map Improvement Survey Activity Envelope /Site Plan Floor Plans Building Elevations Aerial Images of Proposed Addition Photograph of Height Poles From Highway 82 OU0002 PROJECT DESCRIPTION A. Application Request This is an application to remodel and expand an existing single - family residence on a lot in unincorporated Pitkin County. The legal description of the property is Lot 2 of the Gann Subdivision. The lot's street address is 75 Maroon Court, Aspen. The Parcel ID# for the property is 273511103001. A vicinity map showing the location of this lot is included in this application booklet. The application is being submitted by the owner of the property, Jeff Gorsuch (hereinafter, "the applicant "). Proof of ownership of the property is provided in the title report, attached hereto as Exhibit #1. The applicant is being represented by Alan Richman Planning Services, Inc. A letter from the applicant confirming this arrangement is attached as Exhibit #2. A pre - application conference was held with a member of the Community Development Department. The Pre - Application Conference Summary issued by the staff (see Exhibit #3) states that the review procedure applicable to this proposal is as follows: Site Plan Review. The applicant also requests that the site plan approval be granted vested rights status pursuant to Sec. 2 -20 -170 of the Pitkin County Land Use Code. The Pre - Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicant to designate an Activity Envelope and obtain Site Plan approval: * Section 7- 20 -10: * Section 7- 20 -20: * Section 7- 20 -30: * Section 7- 20 -60: * Section 7 -20 -120: * Section 7 -20 -130: * Section 7 -30: * Section 7 -50: Site Preparation and Grading; Steep and Potentially Unstable Slopes Water Courses and Drainage; Wildfire Hazard Areas (low); Scenic View Protection Areas; Landscaping and Vegetation Protection; Driveways; and Public Services and Utilities. The following sections of this application identify the Code provisions applicable to these procedures and provide responses to the applicable County standards. First, however, a brief description of the property and summary of the development proposed for the lot are presented below. Gorsuch Site Plan Review Page 1 01U003 B. Property Description and Proposed Development The subject lot is a nearly rectangular shaped parcel of land that is approximately 15,130 sq. ft. (0.35 acres) in size. The vicinity map shows that it is located just to the west of the Aspen city limits, along State Highway 82, across from the Aspen Golf Course. Access to the property is obtained from an existing private roadway that also provides access to the Aspen Tennis Club Subdivision and the Clasen - Pecjak Subdivision. The lot sits far enough back from Highway 82 that it is not generally visible to passers -by. The improvement survey depicts topography on the lot and also shows the location and sizes of each of the trees on the property. This lot is generally flat except for a minor rise located at the very rear of the lot. The lot contains several clusters of mature trees. Many of these trees are along the rear and side property lines. There is also a cluster of trees at the front of the house that buffers it from surrounding residences. The Gann Subdivision is a 2 lot subdivision created in 1966 by a plat recorded in Plat Book 3 at Page 115 of the Pitkin County records. The lots in the subdivision were zoned R -30 for many years, making them substandard as to lot size. However, in 2006, the County created a new R -15B zone district. Both lots in the Gann Subdivision and the 4 lots in the Clasen - Pecjak Subdivision were rezoned from R -30 to the R -15B zone district pursuant to Ordinance 027 -2006 (see Exhibit #4). This made the subject property a conforming lot of record. The R -15B zone district assigns an allowable floor area of 3,500 sq. ft. or a ratio of 0.20:1 to properties, whichever is the least restrictive. Therefore, the allowable floor area for Lot 2 is 3,500 sq. ft. The existing house plus a small storage shed contains approximately 2,052 sq. ft. of floor area. The applicant proposes to expand the existing residence by slightly less than 1,450 sq. ft. to virtually reach the lot's maximum allowable floor area. Following is a summary of the proposed additions to the house: Main Level Addition: 561 sq. ft. Upper Level Addition: 882 sq. ft. Total Expansion 1,443 sq. ft. Plus Existing House 2,052 sq. ft. Resulting Floor Area 3,495 sq. ft. The applicant also plans a new 473 sq. ft. garage on the main floor and approximately 882 sq. ft. of basement/mechanical space. Sec. 5 -20 -70 (g) of the Land Use Code exempts these spaces from floor area calculations in the urban area. Gorsuch Site Plan Review Page 2 UuUUU4 The expansion is also exempt from the County's Growth Management Quota System since the 3,495 sq. ft. of floor area plus the 1,355 sq. ft. of exempt areas will still total well less than 5,750 sq. ft. The configuration of the planned addition to the house is shown on the proposed site plan. The site plan shows that the proposed two story addition will occur along the northeast side of the house, which is currently an open yard. This location was selected because this side of the house sits well inside of the property setbacks whereas the house straddles the setbacks along its western side. This location also does not conflict with any of the existing mature trees on the property, although the proposed driveway into the new garage will require the removal of two or three small trees along the northern property line, none of which is 6" in diameter. The site plan drawing also shows the proposed activity envelope. The envelope conforms to the zone district setbacks, with a couple of exceptions. First, the envelope has been extended towards the front property line in the area where the new driveway is proposed. Second, the envelope has been extended to the western property line in the area where an existing deck and shed protrude into the setback (the shed actually encroaches onto the neighboring property). No changes are planned to either of these features. However, the activity envelope has been drawn to the property line in these areas, to place these improvements within the envelope (other than the encroachment which is beyond the property line and therefore outside of the envelope). The conformance of the proposed site plan with the applicable standards of the Land Use Code is addressed in the sections which follow. Gorsuch Site Plan Review Page 3 0006 b5 II. STANDARDS FOR SITE PLAN REVIEW Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicant's responses to the applicable standards of that chapter, as specified in the pre - application summary form. A. Site Preparation and Grading (Sec. 7- 20 -10) (a) Grading and Fill Placement. The applicant agrees that all grading and filling associated with this project will take place within the activity envelope depicted on the site plan. (b) Clearing, Grubbing and Vegetation Removal. The applicant agrees that all clearing, grubbing and vegetation removal associated with this project will take place within the activity envelope depicted on the site plan. (c) Tree Removal and Mitigation. There are several clumps of mature vegetation on the property. No development is anticipated to occur in any of these areas that would result in the removal of any trees that would require mitigation to be accomplished. If, however, the final design results in the removal of any tree with a caliper size of 6" or greater, the applicant will plant one or more trees to replace the trees that are removed, so that at least an equivalent number of caliper inches of trees are installed. (d) Protection of Natural Terrain. The applicant agrees to follow those design and construction techniques that may be recommended by the County Planning Engineer or the Community Development Director to mitigate any physical or visual damage from the proposed development. This shall include, but not be limited to: ♦ Areas of the property that are disturbed by development will be re- vegetated. Revegetation will be completed during the first planting season after completion of the construction, using native vegetation. Additional detail on the proposed re- vegetation of the property is included in Section II.F of this application. ♦ Topsoil will be removed and saved prior to any mass grading or excavation, and will be replaced following construction. ♦ Appropriate weed prevention techniques will be employed that are consistent with the provisions of the 2006 Revised Pitkin County Weed Management Plan. ♦ The applicant will comply with the County's adopted erosion and sedimentation control and stormwater management standards. Sediment barriers will be placed on -site as necessary to control the impacts of soil disturbing activities (see Section 11.13, below). Gorsuch Site Plan Review Page 4 UuuU66 B. Steep and Potentially Unstable Slopes (Sec. 7- 20 -20) Section 7 -20 -20 of the Land Use Code provides standards for development on slopes of less than 30 %, 30% to 45 %, and 45% and greater. The activity envelope /site plan depicts topography throughout the property, illustrated as two foot (2) contours. An analysis of the slopes on the property demonstrates that while there are some very minor topographic anomalies along the northeastern and southern edges of the property, these areas are outside of the proposed activity envelope. There are no areas within the proposed activity envelope with slopes in excess of 30 %. Therefore, all proposed development will occur on slopes of less than 30 %, as permitted by Sec. 7 -20 -20 (d) of the Land Use Code. No development is proposed on slopes in excess of 30% on the subject property. Therefore, no further response to the provisions of Sec. 7 -20 -20 (b), (c), or (e) of the Code is required. Gorsuch Site Plan Review Page 5 ODUU07 C. Water Courses and Drainage (Sec. 7- 20 -30) (b) Encroachment or Channeling. No encroachment or channeling activities are proposed in any watercourse. (c) Drainage. A drainage report and plan describing how the post - development runoff volumes will not exceed those of the currently developed site will be prepared by an engineer and submitted at the time of building permit review. (d) Groundwater. No activities are proposed that would interfere with groundwater recharge or pollute groundwater. No contaminants will be introduced to groundwater as a result of the proposed development. (e) Irrigated Areas. The proposed development will have no affect on water supplies available for irrigation or any water rights. (f) Irrigation Ditches. The will be no impacts to irrigation ditches as a result of this application. (g) Sedimentation. The applicant will comply with the County's standards for controlling sedimentation. A plan will be prepared as part of the building permit application package that locates and describes the erosion and sedimentation control measures that will be installed during construction. Sediment barriers, to include straw bales, silt fences and similar filtering devices, will be placed down - slope of all disturbed areas. Disturbed areas will be re- vegetated no later than one growing season after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw. (h) Water Quality. (1) The activity envelope that is proposed for this property assures that all development will comply with the County's stream setback standards. (2) The applicant will comply with those state and federal regulations concerning water quality that may apply to the proposed development. (i) Efficient Water Use. The applicant will comply with this standard. Gorsuch Site Plan Review UUUUu3 Page 6 D. Wildfire Hazards (Sec. 7- 20 -60) During the pre - application conference with staff, the applicant was informed that the County's wildfire hazard maps designate this site as being in a wildfire hazard area. It is the applicant's understanding that these maps designate this area as being subject to a low degree of wildfire hazard. Because this property is subject to a low degree of wildfire hazard, Section 7 -20 -60 (a) of the Code does not require the applicant to conduct a site visit to the property with one of the County's designated wildfire experts, so no such site visit was conducted. The mitigation standards for development in wildfire hazard areas are found in Section 7- 20-60 of the Land Use Code. Following are the applicant's responses to these standards. (1) Defensible Space (a) Brush, debris, and non - ornamental vegetation shall be removed within a minimum ten (10) foot perimeter around the structure. (b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a thirty (30) foot perimeter around a structure built on flat ground. Response: This primary vegetation on this site is an irrigated lawn and ornamental landscaping. None of this maintained landscaping represents a fire hazard, particularly given the flat slopes on the property. Therefore, clearing of this vegetation should not be required. There are also several clumps of mature trees in front of the existing house that are of great value to the applicant which he would very much like to preserve. Some of these are Aspen trees, which are a wet species and should not be of concern from a wildfire standpoint. There are also some conifer trees interspersed with the Aspen trees. The applicant would request that these trees be permitted to remain since this is a low hazard, flat site that is in close proximity to both the downtown and ABC Fire District stations. Please see the responses below for commitments the applicant is prepared to make with regard to limbing /pruning of the existing trees to remove ladder fuels and to eliminate any branches that may have grown close to the existing chimney. (c) Spacing between clumps of brush and vegetation within the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Gorsuch Site Plan Review Page 7 ODU009 Response: Please see the response above with respect to preservation of existing landscaping. (d) All branches from trees and brush within the thirty (30) foot perimeters shall be pruned to a height of 10 feet (10) above the ground, and removal of ladder fuels from around trees and brush. Response: The applicant will comply with this requirement. (e) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of Aspen trees where ladder fuels have been removed. In areas of Aspen re- generation, understory shrubs and down and dead materials shall be removed. Response: Please see the response above with respect to preservation of existing landscaping. (t) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of the chimneys shall be removed. Response: The applicant will comply with this requirement. (g) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. Response: This requirement should not apply to this property which is predominantly an irrigated lawn. (h) All deadfall up to a one hundred (100) foot perimeter shall be removed. Response: The applicant will comply with this requirement. (i) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. Response: The applicant will comply with this requirement. 6) No new conifer trees shall be planted within ten (10) feet of a residence. Response: The applicant will not plant any new conifer trees within 10' of the addition. As noted above, it is very important to the applicant that he be able to maintain the mature conifer trees that are located in front of the existing house. Gorsuch Site Plan Review ODU010 Page 8 (k) No flammable mulches shall be placed within two (2) feet of a residence. Response: The applicant will comply with this requirement. 2. Access (a) Access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department, local fire protection districts, and/or a person approved by the County as an expert in wildfire areas and mitigation. Where feasible, looped routes of access/egress to a public road shall be incorporated in the design of a proposed development. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Community Development Department may approve vehicle turnaround areas a maximum of seven hundred -fifty feet (750) apart, installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul -de -sac turnaround pads; these may be incorporated in the proposed driveway entries. Response: There is an existing driveway. The applicant does not propose any changes to this driveway but does propose a second, very short entry drive into the new garage. (b) New dead -end streets (no cul -de -sacs) shall not be permitted, except for cul -de- sacs and other turnarounds accepted by the applicable local fire district. Response: No new streets are proposed. (c) Cul -de -sac turnaround pads shall have a minimum of a thirty foot (30) drivable surface inside turning radius, or a hammerhead or other T -turn area acceptable to the applicable local fire district. Response: The applicant will demonstrate compliance with this requirement at the time of building permit review. (d) New driveways and access roadways shall enter the roadway at a ninety (90) degree angle for the first twenty -five feet (25) of the driveway. Response: The new driveway will intersect with Maroon Court at a ninety degree angle. (e) Fuel breaks, as recommended by a wildfire expert approved by the County, may be incorporated into the design of access roads or driveways. Gorsuch Site Plan Review ODU011 Page 9 Response: The applicant does not propose to install a fuel break at this time. 8. Water Supply for Fire Safetv (a) When access to a public or private pressurized water system is not available, or if it is necessary to augment the fire protection water systems, private ponds may be used if approved by the Community Development Department and the Fire District. Response: A pond is not proposed for this property. There is a fire hydrant located within approximately 500' of this residence. (b) Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district, with a minimum of one thousand (1,000) gallon storage capacity per structure. Response: The applicant will follow the recommendations of the Aspen Fire Marshal. (c) Regardless of size, all structures where humans congregate regularly (including detached garages and horse barns) that are located within areas identified as containing "C - Severe Hazard: Trees" or 'X - Severe Hazard: Brush" wildfire hazard shall be required to install in -house sprinkler systems which meet the standards of the local fire protection district and the adopted building code. Response: This property is not rated as a severe wildfire hazard area. (d) All structures greater than five thousand (5,000) square feet in size shall be required to install in -house sprinkler systems that meet the standards of the local fire protection district and the adopted building code. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. Response: The lot's floor area limits do not allow any structure to approach 5,000 sq. ft. in size so there should be no requirement to install an in -house sprinkler system. 4. Roofing Materials and Projections At And Below Roof Line (a) Low Hazard Area. 1. Roofing Materials: Gorsuch Site Plan Review Ouu612 Page 10 a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. C. All other Building Code compliant methods and materials permitted. Response: The applicant will comply with these requirements. (b) Medium Hazard Area; and (c) Severe Hazard Area. Response: Not applicable (d) All Hazard Areas. Roofs with less than a 3:12 pitch are not permitted in low, medium, or severe wildfire areas unless they comply with the following: 1. All roofs coverings shall be constructed of non - combustible materials and installed on a Class A assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Response: The applicant will comply with these requirements. 5. Maintenance and Miscellaneous Requirements (a) Roofs and Gutters shall be kept clear of debris. (b) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one - fourth inch (114') maximum. Gorsuch Site Plan Review UUUU13 Page 11 (c) Yards shall be kept clear of all litter, slash, and flammable materials. (d) All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15) away from the structure. (e) Weeds and grasses within the ten foot (10) perimeter shall be maintained to a height of not more than six inches (6'). (t) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15) away from the structure. (g) Swimming pools and ponds shall be accessible by the local fire district. (h) Fences shall be kept clear of brush and debris. (i) Wood fences shall not connect to the structure. Q) Fuel tanks shall be installed underground with an approved container. (k) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior of the walls. (1) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. (m) Addresses shall be clearly marked with two inch (2') non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. (n) Additional recommendations from the Colorado State Forest Service, the Pitkin County Sheriffs Department, and the local fire protection district may be incorporated into any conditions of approval as necessary to mitigate wildfire hazards. Response: The applicant will comply with all of these requirements. Gorsuch Site Plan Review Ui1Uji4 Page 12 E. Scenic View Protection (Sec. 7 -20 -120) An evaluation of the visibility of this site from State Highway 82 has been conducted. Height poles were placed on the property to represent the two front corners and the top ridge of the addition. The applicant then drove and walked along Highway 82 in an attempt to determine if the poles were visible. Given the presence of several other homes located between the subject property and Highway and the presence of significant mature vegetation, there was only 1 spot identified where the poles could actually be seen. A photo was taken from this location (the picture actually required zooming just to make the poles visible) and is included in this application. This photo was taken from a location approximately 100' -150' east of the entrance to the subdivision, along Highway 82. Staff was taken to the site while the poles were erected to verify the very limited extent to which the poles can be seen from the scenic corridor. Following are the applicant's responses to the County's scenic view protection standards. 1. The proposed development shall utilize existing topography and natural vegetation, such as ridges, hills and existing trees, to screen buildings to the maximum extent practicable. Response: The proposed addition is screened from view by existing vegetation that is located between the site and the scenic corridor and by topography, which places the site at an elevation that limits views of the addition from the Highway. This has been verified by erecting height poles on the property while this application was being prepared. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, if possible. If location outside of the Scenic View Protection Area and defined viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of the site as viewed from those corridors listed above. Response: The lot is located along State Highway 82 so it is not possible to fully avoid the location of structures within the Scenic View Protection Area. However, the proposed addition is not located on the highest ground in the area and is virtually invisible from the scenic corridor. 3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. Gorsuch Site Plan Review Page 13 uuU5i5 Response: The proposed addition has been designed to complement the building form and roof form of the existing residence while maintaining its own modern character. Decks, railings and similar building elements have been used to break down the mass of this relatively small addition. The addition steps up from the one story height of the existing structure, to a one story connector element, to the two story addition. The height of the proposed addition has been limited to approximately 26' to the ridge of the structure, which is below the allowable height. The resulting floor area following the addition will also comply with that which is allowed on the lot by underlying zoning. 4. The proposed structure shall be placed so that it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed above, unless there are no alternate building sites on the lot or parcel. Response: The proposed structure will not penetrate a ridgeline and will not silhouette against the sky. The height poles had the slopes of Tiehack as their backdrop. 5. The proposed development shall be designed to compliment the natural topography of the land through the use of techniques such as earth sheltered design, the use of natural materials and coloring, the use of low - reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel or compliment the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The applicant plans to use natural materials or man made materials that have natural coloring. The addition will use re- claimed barn wood siding, horizontal lap cedar siding, and re -sawn timber beams, all stained tan or dark brown. The roof will be made of standing seam metal panels and will also be dark brown. 6. The proposed development shall preserve natural vegetation and avoid development within irrigated meadows to the maximum extent practicable. Response: The proposed addition has been sited to preserve the existing trees and other significant vegetation on the site. There are no irrigated meadows present on this urban property. 7. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: Utilities have previously been installed underground to serve the residence. No major extensions are anticipated at this time. Gorsuch Site Plan Review Page 14 UUUiJ1C 8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights -of -way listed above and shall use earth tone colors and/or screening to minimize their visual impact. Response: The applicant will comply with these requirements. 9. The proposed development shall not utilize earth moving and berms as the primary means of compliance with these regulations, but earth moving may be utilized in conjunction with other techniques to comply with the standards of this section. Where earth moving techniques are necessary, man -made forms should be undulating and natural in appearance. Response: Earth moving and berms are not proposed as the means of complying with these regulations. 10. In the Rural Area only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (e) as they may apply to the particular property. Response: This site is located within the Aspen Urban Growth Boundary and is therefore not within the Rural Area of Pitkin County. 11. The exterior of all development shall be built or painted with indigenous earth tone materials or colors. Response: The materials identified on the architectural drawings demonstrate that the applicant will comply with this requirement. 12. All roofs shall have a non - reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Response: The applicant will comply with this requirement. 13. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure the survival of planted native species. Response: The applicant will comply with this requirement. 14. To the maximum extent practicable, roads and driveways shall be located to skirt Gorsuch Site Plan Review Page 15 0 Ud.L I the edge of and avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees may be planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straight line corridors that are incongruous with the natural setting. Response: No such meadows or pastures are present on this urban area property. Gorsuch Site Plan Review UUUJ1U Page 16 F. Landscaping and Vegetation Protection (Sec. 7 -20 -130) The existing trees on the property are shown and labeled on the improvement survey. The applicant does not anticipate that any trees with a caliper size in excess of 6" will be removed as a consequence of the addition. The applicant will prepare a landscape plan that will accompany the building permit submittal showing how disturbed areas will be re- vegetated and specifying the size and location of any planned new landscaping. Following are the applicant's responses to each of the standards in this section: (b) General Provisions. 1. Protection of Natural Vegetation. The applicant will preserve the natural vegetation on the site, except for that vegetation within the activity envelope that must be disturbed to build the proposed addition to the house. It is not anticipated that any trees with a diameter in excess of 6" will be removed as a consequence of the proposed addition. 2. Conformance with Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on this site. 3. Berms. A berm is not proposed for this site. 4. Landscape Enclosures. Landscaping will not be used to enclose the boundary of the parcel. 5. Visibility Clearance. Landscaping will not be installed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement. 7. Financial Security. The applicant requests that no financial security be required for this project. 8. Maintenance. The applicant agrees to maintain all new landscaping in a healthy condition and to replace plants that do not survive. (d) Required Landscaping in Urban Areas None of the purposes for which the Code requires landscaping to be provided and none of the minimum area or plant density requirements in the Code apply to this proposal. Gorsuch Site Plan Review Ot)uu17 Page 17 G. DRIVEWAYS AND PARKING (Sec. 7 -30) The applicant does not plan any activities that would have significant impacts on the County's road network. There is an existing private road that encircles Lot 2 on its northern and eastern sides which provides access to this lot and also to Lot 1 of the Gann Subdivision. The applicant proposes to establish a short new driveway off of that private road, near the northeastern corner of the property. It will intersect with the private road at a 90 degree angle and will enter into the garage. The existing gravel driveway that provides access to the front of the house will remain in place so guests and other visitors have direct access to the front door of the house. Two parking spaces are shown on the site plan in the proposed garage. This design complies with the adopted County standard of 2 spaces per dwelling unit. H. PUBLIC SERVICES AND UTILITIES (Sec. 7 -50) Utilities have previously been installed underground to serve the existing residence. No new utility extensions are anticipated for this project. Sewage disposal will continue to be provided via the Aspen Consolidated Sanitation District. Water will be supplied by the on- site well (see location on improvement survey). Gorsuch Site Plan Review Page 18 ODU020 III. CONCLUSION The applicant has responded to all applicable criteria of the Pitkin County Land Use Code, pursuant to direction given during the pre - application conference. Sufficient evidence has been provided of the projects compliance with said criteria, and commitments have been made to insure that the proposed development will mitigate its development impacts. The applicant will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. Gorsuch Site Plan Review OU0021 Page 19 EXHIBITS ODU622 EXHIBIT #1 PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: March 30, 2012 at 8:00 AM Case No. B6393P 2. Policy or Policies to be issued: Proposed Insured: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JEFFREY GORSUCH 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 2, GANN SUBDIVISION, According to the Plat thereof recorded December 20, 1966 in Plat Book 3 at Page 115 as Reception No. 126177. PITKIN COUNTY TITLE, INC. 231 Midland Ave, Suite 103 Basalt, CO 81621 970 - 9271993 Phone/970- 9274096 Fax AUTHORIZED AGENT Countersigned: uuuu23 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded October 27, 1892 in Book 55 at Page 31. 8. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 20, 1966 as Reception No. 126177 in Plat Book 3 at Page 115. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Protective Covenants for Gann Subdivision recorded December 20, 1996 as Reception No. 126178 in Book 224 at Page 414, and the Affidavit of Variance recorded July 20, 1970 as Reception No. 141412 in Book 249 at Page 552. 10. Access Easement granted to Carol S. Farino by instrument recorded February 4, 1988 as Reception No. 297165 in Book 556 at Page 475. 11. Easement and right of way granted to Aspen Metropolitan Sanitation District as set forth in instrument recorded October 19, 1971 as Reception No. 148067 in Book 258 at Page 685. 12. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association, Inc., in instrument recorded November 2, 1983 as Reception No. 254621 in Book 454 at Page 819. 13. Easement and right of way as set forth in Grant of Easement recorded October 11, 2005 as Reception No. 516071 and rerecorded December 5, 2005 as Reception No. 518080. (Continued) uuuu24 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded October 31, 2005 as Reception No. 516869 as Resolution No. 93 -183 Series of 2005. 15. Encroachments and all matters as disclosed by Survey of Sopris Engineering, LLC dated July 10, 2006 and recorded on February 15, 2007 in Plat Book 82 at Page 74. 16. Terms, conditions, provisions and obligations as set forth in 600 Foot Well Spacing Statement recorded August 30, 2006 as Reception No. 528044. 17. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 027, Series of 2006 by Pitkin County Board of County Commissioners recorded October 2, 2006 as Reception No. 529297, 18. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 026, Series of 2006 by Pitkin County Board of County Commissioners recorded January 5, 2007 as Reception No. 533007. 19. Deed of Trust from To the Public Trust For the use of Original Amount Dated Recorded Reception No. :JEFFREY GORSUCH ae of the County of Pitkin U.S. BANK N.A. $1,925,000.00 May 3, 2011 May 9, 2011 :579738 20. Deed of Trust from : JEFFREY GORSUCH To the Public Trustee of the County of Pitkin For the use of ALPINE BANK Original Amount : $640,000.00 Dated September 2, 2011 Recorded September 7, 2011 Reception No. :582550 Ouuj25 EXHIBIT #2 Ms. Suzanne Wolff, Senior Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: GORSUCH ACTIVITY ENVELOPE AND SITE PLAN REVIEW Dear Ms. Wolff, I hereby authorize Alan Richman Planning Services to act as my designated representative with respect to the land use application being submitted to your office for my property, Lot 2, Gann Subdivision, located at 75 Maroon Court in Aspen. Mr. Richman is authorized to submit an application for activity envelope and site plan review to remodel and expand my residence. He is also authorized to represent me in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact me during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use application, or you may contact me directly at the address and telephone number listed below. Sincerely, e orsuch 75 Maroon Court Aspen, CO 81611 970 - 343 -0141 uuui26 EXHIBIT #3 PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY vwiinrzry ouzanne vvom PHONE: (970) 920 -5093 LOCATION: 75 Maroon Court; Lot 2 Gann Subdivision APPLICANT: Jeff Gorsuch REPRESENTATIVE: Alan Richman Type of Application: Site Plan Review DATE: 4/12/12 E -MAIL: suzanne.wolff(.Mco.pitkin.co.us PID# 273511103001 ZONE /LOT SIZE: R- 1513/15,239 square feet EMAIL: arichman @sopris.net Description of Project/Development: The Applicant proposes to obtain Site Plan review approval to remodel and expand a single family residence. Land Use Code Sections to be addressed in letter of request faoalicationh • 2- 30- 20(g): Site Plan Criteria for Approval • 6- 30- 100(b): GMQS Exemption for BOCC approved lots • 7 -10 -50 & 60: Site Plan • 7- 20 -10: Site Preparation and Grading • 7- 20 -20: Steep and Potentially Unstable Slopes • 7- 20 -30: Water Courses and Drainage • 7- 20-60: Wildfire Hazard Areas (Low) • 7 -20 -120: Scenic View Protection Areas (as viewed from Highway 82) • 7 -20 -130: Landscaping and Vegetation Protection • 7 -30: Roads, Driveways and Parking • 7 -50: Public Services and Utilities Review by: Community Development Director Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2- 20- 100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. Staff will refer the application to the following agencies: Aspen Fire, Aspen Water, ACSD FEES: $1,951 (make check payable to " Pitkin County Treasurer") • $1,872 Planning Office flat fee (non - refundable; based on 8 hours of staff time. If staff review time exceeds 9.6 hours, the Applicant will be charged for additional time above 8 hours at a rate of $312 /hour) • $54 Public Notice Fee ■ $25 Clerk Technology Fee UjJ 127 To apply, submit 1 copy of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above; 2. 24" by 36" and 11" x 17" Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Technical Reports as designated in Section 2.1.12 of the Application Manual (as applicable) 4. Engineering report addressing road design, water supply, wastewater disposal and other utilities and public services (as applicable). 5. Disclosure and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address (if any) and parcel description, including legal description, and 8-1/2 "x 11" vicinity map locating the subject property within Pitkin County; 7. Consent from the owner of the property for the representative to process the application and represent the owner; S. List of all property owners within 300' and mineral estate owners (1 copy). 9. Total fee for review of the application; 10. Signed fee agreement (form attached); 11. Copy of this preapp form NOTES: • PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPY OF YOUR COMPLETE APPLICATION. THE PARCEL ID # SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. • ALL MAPS SHALL BE FOLDED. • This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. • Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2- 20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. DUUU28 EXHIBIT #4 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING A REZONING FROM R -30 TO R -1511 FOR THE GANN AND CLASEN - PECJAK SUBDIVISIONS Ordinance No. 10y9 -2006 Recitals I. Lynda MacCarthy and Jeff Bourn (Gann Lot 1), Wendy Lucas and Jan Johannessen (Gann Lot 2), Peter and Debra Greenberg (Clasen - Pecjak Lot I ), Steve and John Conger (Clasen - Pecjak Lot 2), Alice and Larry Leeper (Clasen - Pecjak Lot 3), Victor Sherman (Clasen - Pecjak Lot 4), hereafter "Applicants ", have applied to the Pitkin County Board of County Commissioners, "BOCC ", for approval to rezone their Lots from R -30 to R-1 5B. 2. The Lots are located across Highway 82 from the Aspen Golf Course entrance, and adjacent to the Aspen Tennis Club Subdivision. They are legally described as Lots l and 2, Gann Subdivision and Lots 1, 2, 3, and 4, Clasen - Pecjak Subdivision. 3. The Planning and Zoning Commission heard this rezoning application at a regularly scheduled public meeting on March 14, 2006 ' at which time they made no recommendation. The P &Z then heard the rezoning application in conjunction with a Code Amendment to create the R -15B zone district on July 18, 2006, at which time they voted 3 -0 to recommend approval. 4. The BOCC reviewed the application at a duly noticed Public Hearing on I" Reading on August 23, 2006, and at 2i' Reading at a Public Meeting on September 13, 2006, at which time evidence and testimony were presented with respect to this application. 5. The Board finds that this rezoning application is consistent with the Aspen Area Community Plan and the Pitkin County Land Use Code. NOW THEREFORE BE IT ORDAINED by the Pitkin County Board of County Commissioners that it hereby rezones the Gann and Clasen - Pecjak Subdivisions as shown in Exhibit A, from R -30 to R -15B, and directs Staff to amend the Official Zoning Map, as referenced in Section 1 -80 of the 2006 Land Use Code, accordingly. II [Eill1111111 111111111111111111111111111,1 egos :3 3:06P UUU.i29 Ordinance No.041-2006 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THETHE AS�TIIy1� on the 7th day of May, 2006. INTRODUCED AND FIRST READ at the regular meeting and Public Hearing on the 23m day of August, 2006. APPROVED AND ADOPTED AFTER SECOND READING on the 13th day of September, 2006. �O� /. PUBLISHED AFTER ADOPTION IN THE ASP` gS on the O day of,; 2006. A :Jones Clerk APPROVED AS TO FORM: John County Attorney Case #023 -06 PID #2735 - 111 -03 -001 and 002 2735 - 111 -02 -001, 002, 003, and 004 UUUj30 BOARD OF COUNTY COMMISSIONERS OF PITICIN COUNTY, CO RA� mirk Ireland Chair Date: !U U 7 -06 APPROVED AS TO CONTENT: in y ouben, !� +�`+ C t Community Development Director IIIIUIIIIIIIIII�II�IIIIIII���IIINIIII milli Pose: D 004 MOW uT� 401.5 AFR•10 IIIIII IIIY ■ \1111 IIH IIIIIII � Itl II�II llu 529297 //02/20 of 06 E3:00P JANICE K V0E CAUDILL PMIN COUM" CO R 0.00 0 0.00 uuuj31 3 Easy Peel® Labels ; A ,,_ Use Avery® Template 51600 1 Feed fevw ' EXHIBIT O `up Edge- j AVERY® s160® ; 1 BACHARACH JANE TRUST 10960 WILSHIRE BLVD, 5TH FL LOS ANGELES, CA 90024 GARDNER ALSTON J LEE BARBARA 218 E VALLEY RD STE 104 -335 CARBONDALE, CO 81623 LEVINSON DAN B & LYNNE L PO BOX 2089 ASPEN, CO 81612 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 SHERMAN VICTOR 2115 MAIN ST SANTA MONICA, CA 90405 uuuu32 BISHOP SANDRA & ARCHER JR 39600 HWY 82 ASPEN, CO 81611 LANDERS FAMILY PROPERTIES LLC 2005 CANAL POINTE LITTLE ROCK, AR 72202 MACCARTHY LYNDA M 84% PO BOX 117 ASPEN, CO 81612 S &J INVESTMENTS II LLC 222 N LASALLE #2000 CHICAGO, IL 60601 UHLFELDER MARK N & ANNE E H 142 MAROON DR ASPEN, CO 81611 BOURN JEFFREY A 16% PO BOX 117 ASPEN, CO 81612 LEEPER LARRY A & ALICE A PO BOX 758 OURAY, CO 81427 OBERMEYER KLAUS PROPERTIES LLC 115 AABC ASPEN, CO 81611 SCONSET RESORCES CORP 410 17TH ST #2400 DENVER, CO 80202 Etiquettes faciies A paler I , i Repllez i la hachure afln de , www.avery.com Utilisez le gabarit AVERY® 5160® 1 Sens de r6v6i.r Ie roam o.._ „.w . ��^ ^^ ry• n^ DRAWINGS OuuiJA W dd��0 nip �4 c ° 3 M- 'L°E N m d m c LL .3 "mom as�g 0 E °ma E5 gm F N y nli 4fO i L) 0 Q 0 v 4d C. 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Pnlun collro 1NO WMe m mt.n em +ry ewn IX imply Ine11M ueM WIWe al llw MupruleE NLN enN wN N hN Imm IuiuN t Of M mtl ep mepetpnmxwro wtl 9u.rNee I Nbry of Vv prtgrry. .11Ny 9. Gweutll CNmunln peeelopltlerlt arevbfe "p l TM BanuW1 AcaMN EmsYMU9�Y muen 11N Oev1 eN D MtlM.W o 0p DmeYlprwtl 2RIYInCwwit:, nenlneeellN Oe JUpn No. —?at2.lem1UN N waeaean W.� aMy N n. Cammuney DtNtt lore 01. cl r, uM PNarNh C.MIIeeY TRe Gpnunl/Kwity Em "BCe Plen Me pNn C(Ap1eE I IemlUlrye In IM O al tM CMIY .N FemIEN a PMIn C rly. �lem T4 CeY of _, 2pt21n Pel Back _ el Pepe .. BNNIIM Mp. CMM1 xtl Xeawtlr OUi�t136 CARNEY L O G n N B J R K E ....m.eee.� sne m, eg11EP +M ---- - - - - -- - - - -, 1 1 I 1 i I I 1 i Area Tabulations Main Level Habitable: 561 sf Upper Level Habitable: 882 sf II 1 Existing Habitable: 1 11 i� Total Proposed Habitable: 3,495 at Garage: 473 sf Basement/Mech: 882 sf Gross New Square Footage: awtttt� I,/ . .. Illy ■ :.. I 1 i I I 1 i Area Tabulations Main Level Habitable: 561 sf Upper Level Habitable: 882 sf Total New Habitable: 1,443 at Existing Habitable: 2,052 sf Total Proposed Habitable: 3,495 at Garage: 473 sf Basement/Mech: 882 sf Gross New Square Footage: 4,850 sf OU0037 Entry Bedroom 1 I I 1 I Family Room — Clnaal swroom 119drBan 0 Main Level Plan SCALE: 1/8" = 1' -0" i W1 7334000 r 307 "a 1147 * MMKrySt* P B=WIO Jeckpn, Wyanwa B.3o02 W Ww.cnxanR.a..� GORSDCN ADOITION acB oaia Nlli �UUi38 1 I I I I - -i 1 1 I I 1 I I I I I 1 1 ---------------- ,/O, Upper Level Plan SCALE: 1/8" = V -0" A R C H I T E C T S i 3 7Td3 [ W77MI147 2155c .XMSbsst 1 P 89"9218 J"c.. Wy m f`=2 wWw.tTNC "Recb.Gpn GORSUCH ADDITION ."E.Tc... x1,11 Existing New Addition V El. 126' -0" T.6 Ridge - — - North Elevation SCALE: 1/8" = V -0" KEY NOTES East Elevation 0 Standing Seam Metal Roof - Dark Brown <2 Re -Sawn Timber Beams - Tan /Brown OUJj3<3 1x6 Vertical Reclaimed Bamwood Siding - Match Existing i O4 2x10 Horizontal Ship Lap Cedar Siding - Tan /Brown O5 Aluminum Clad Wood Windows/Doors - Dark Brown O6 Oxidized Metal Panels SCALE: 1/8" = V -0" El. 111' -011 p per Level- — - El. 100' -0" gain Levef - — - El. 126' -0" T.-o-. Ridge - — - El. 111' -011 p per Level- — - El. 100' -0" 90n T evef - — - * 307 733 4pq' F 307 P..3 1141 2155bu KIV S4..l I p BOx 9218 J"c"aon, Wvun B3 W2 www.Clba�CM1l[ectn. cam OOASUCN ADDITION i Existing _iNew Addition - i South Elevation SCALE: 1/8" = V -0" New Addition Existing .do— — — — — —► KEY NOTES OStanding Seam Metal Roof - Dark Brown O 2x10 Horizontal Ship Lap Cedar Siding - Tan /Brown ORe -Sawn Timber Beams - Tan/Brown O Aluminum Clad Wood Windows /Doors - Dark Brown 0 u U 04 0 3O 1 x6 Vertical Reclaimed Barnwood Siding - Match Existing O Oxidized Metal Panels West Elevation SCALE: 1/8" = V -0" El. 126'-0" — TCT Ridge - El. 111' -0" p peF LeveI — El. 100' -0" 95-1n LeveT - — El. 126' -0" T.7. Ridge - — El. 111' -0" pper Level- — El. 100' -0" 90n Lem - w CARNEY L O G A N B U R K E T 307 733 G 307 733 1197 3155ou[" 9SVeB 1 P 5 9218 JBCF9On. Wyomn88 2 ww�r c�Le�cl�l(ectamm GORSUCH ADDITION �TC8fDYF Mlle 000041 Aerial Looking North East A R C H I T E C T T 30173390I.p F W7) 1147 315 So It S. I P B 9219 Jv kx n, WYOm 289 2 www hrtec.- GORSUCN ADDITION GCNEWM ME . 91113 UULiQ 1 y r l i I Aerial Lookinq North West S A R C H I T E C T S T 307 733 9 F 30l]33114) 2155.Hny Sb I PO5 Wja Jlc n.Wy m83002 www.cihv J�M1xb.cwn GORSUCH ADDITION -`-runtO " vm2 I Y i. oouG43 e . u R View To En CARNFY • A R C H I T E CTS T W7 7334L c 307 733 1147 213 Sour KN 5b � Bor 9 18 Jxk.. N'Y.n 8 2 www.cVnrc�rtectf.cbn GORSUCH AODITION ICW.Tc OEBgH .1 }' . sus . Jam. ' r •� � ,r' ' ��� Arr ' zA �.. 9 Sri IF IW- - j ��� • � rte• �� -Ir � �`�i OA r �s. CARNEY L O C A N B U R K E PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Jeff Gorsuch (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Activity Envelope and Site Plan Review (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and /or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $1,951 which is based on 6 hours of staff time. If actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director ODU'045 Mailing Address: 75 Maroon Court Aspen, CO 81611 PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on November 19, 2012, the Pitkin County Community Development Director granted approval for the Gorsuch Site Plan Review (Case P092 -12; Deter. #84- 2012). The property is located at 75 Maroon Court, and is legally described as Lot 2, Gann Subdivision. The State Parcel Identification for the property is 2735- 111 -03 -001. This site - specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S /Cindy Houben Community Development Director Pitkin County, Colorado Published in the Aspen Times Weekly, on DECEMBER 6, 2012. PUBLIC NOTICE RE: Gorsuch Site Plan Review (CASE# P092 -12; PID 2735- 111 -03 -001) NOTICE IS HEREBY GIVEN that an application has been submitted by Jeff Gorsuch (75 Maroon Court, Aspen, CO 81611) requesting to obtain Site Plan Review approval to remodel and expand a single family residence. The property is located at 75 Maroon Court, and is legally described as Lot 2, Gann Subdivision. The State Parcel Identification for the property is 2735- 111 -03 -001. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on October 11, 2012. Attention All Property Owners within 300' of the subject property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by November 12, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http: / /www.aspenpitkin. com/Portals /0 /docs/ county/ Com% 20Dev /Planning/Land_Use_Applicatio ns /P092_12_app.pdf County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2 -20 -100 I, , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2 -20 -100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first- class, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property within 300' of the subject property, as indicated on the attached list, on ® 11, 2012 (which is 30 days prior to the deadline of November 12, 2012). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on October 26, 2012, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. c Applicant's kname AL Signature (Attach photograph here) Signed before me this tY day of Aoo'� 201+ -by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: �S if 2o)o �'U,i� -illn .i�"✓�r11�Pv�`l�,ale, Notary P,gblic, , /7 „ " _ , Notary Public's Signa-fure CAITLIN STROTHER DOYLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124057288 MY COMMISSION EXPIRES SEPT 4, 2016 n 104 u PUBLIC NOTICE RE: Gorsuch Site Plan Review (CASE# P092 -12; PID 2735- 111 -03 -001) NOTICE IS HEREBY GIVEN that an application has been submitted by Jeff Gorsuch (75 Maroon Court, Aspen, CO 81611) requesting to obtain Site Plan Review approval to remodel and expand a single family residence. The property is located at 75 Maroon Court, and is legally described as Lot 2, Gann Subdivision. The State Parcel Identification for the property is 2735 - 111 -03 -001. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Suzanne Wolff at (970) 920 -5093. Published in the Aspen Times Weekly on October 11, 2012. Attention All Property Owners within 300' of the subiect property A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by November 12, 2012. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. http: / /www.aspenpitkin.com/Portals /0 /docs/ county /Com %2ODev /Planning /Land_Use_Applicatio ns/P092_12_app.pdf Z Easy Peel® Labels 1 ♦ Bend along line to ® Use Avery® Template 51600 1 Feed Paper �� expose Pop-up EdgeTe ❑AVERY® 5160 1 BACHARACH JANE TRUST 10960 WILSHIRE BLVD, 5TH FL LOS ANGELES, CA 90024 GARDNER ALSTON J LEE BARBARA 218 E VALLEY RD STE 104 -335 CARBONDALE, CO 81623 LEVINSON DAN B & LYNNE L PO BOX 2089 ASPEN, CO 81612 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 SHERMAN VICTOR 2115 MAIN ST SANTA MONICA, CA 90405 3 etiquettes faciles a peler Utilisez le gabarit AVERY® 51601D BISHOP SANDRA & ARCHER JR 39600 HWY 82 ASPEN, CO 81611 LANDERS FAMILY PROPERTIES LLC 2005 CANAL POINTE LITTLE ROCK, AR 72202 MACCARTHY LYNDA M 84% PO BOX 117 ASPEN, CO 81612 S &J INVESTMENTS II LLC 222 N LASALLE #2000 CHICAGO, IL 60601 UHLFELDER MARK N & ANNE E H 142 MAROON DR ASPEN, CO 81611 Sens de Repliez a la hachure afin de charaement reveler le rebord Po - u °C i BOURN JEFFREY A 16% PO BOX 117 ASPEN, CO 81612 LEEPER LARRY A & ALICE A PO BOX 758 OURAY, CO 81427 OBERMEYER KLAUS PROPERTIES LLC 115 AABC ASPEN, CO 81611 SCONSET RESORCES CORP 410 17TH ST #2400 DENVER, CO 80202 www.avery.com 1- 800 -GO -AVER ii 0.,;o r¢ 0 - ry 14,Ay UJ u w u Y -6 1 17 Orr 0 f E LL CL U m w w f ES- w w L - ry 14,Ay PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 September 28, 2012 Alan Richman PO Box 3613 Aspen, CO 81612 arichman&sonris.net Re: Gorsuch Site Plan Review (PID #2735- 111 -03 -001; Case# P092 -12) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300' of the subject property with the return address of the Community Development Department (copy of notice will be emailed to you by the Community Development Department) by October 11, 2012. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving this public notice who wishes to submit comments or an objection shall submit those to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, by November 12, 2012. If any objections to the development application are received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 26th day of October, 2012, which is at least fifteen (15) days prior to November 11, 2012. This must be submitted prior to any approvals being granted. If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2 -20 -100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 ITI IIT/ C17.7:� \L1111� To: Aspen Fire Protection Aspen Consolidated Sanitation Aspen Water FROM: Suzanne Wolff, Community Development Department Suzanne.wolff2co.pitkin.co.us Re: Gorsuch Site Plan Review (PID 2735- 111 -03 -001; Case P092 -12) DATE: September 28, 2012 Attached for your review and comments are materials for an application submitted by Jeff Gorsuch. The Pitkin County Community Development Director will review the application. Please return your comments to me by Monday, November 12, 2012. http: / /www.aspen-oitkin.com/ Portals /O /docs /county /Com %20Dev/Planning /Land Use An plications /PO 12 app.pdf Thank you. ACSD Requirements -0075 Maroon Ct. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On -site utility plans require approval by ACSD. The old service lines must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements, before any and all soil stabilization measures are attempted and prior to ACSD releasing any and all permits. Below grade development may require installation of a pumping system. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or ACSD easements. All sanitary sewer main and service line easements must be shown and identified on the amended plat. All ACSD fees must be paid prior to the issuance of a building permit. Peg in our office can develop an estimate for this project once detailed plans have been made available to the district. / d )rl PITKIW ,AUNTY COMMUNITY DEVELJMENT Permit Receipt RECEIPT NUMBER 00032962 Name: Jeffrey S Gorsuch Date:9/19/2012 Project Address: 75 MAROON CT Type: check # 1506 Permit Number 0092.2012.PLAN 0092.2012.PLAN 0092.2012.PLAN Fee Description PP- Flat Fee PP- Clerk Tech Fee PP- Public Notice Fee Amount 1,872.00 25.00 54.00 1,951.00