HomeMy WebLinkAboutBOCC Packet 10242012 Stein Appeal , �
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MEMORANDUM
TO: Board of County Commissioners
Regular Meeting—October 24, 2012
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THRU: Cindy Houben,Community Development Director
FROM: Suzanne Wolff, Senior Planner
RE: Stein Appeal of Administrative Decision No. SS-2012
SUMMARY: The Applicant is appealing Administrative Decision No. 55-2012,which granted approval
of an activity envelope that complies with the 100' setback from the high water line of the Roaring Fork
River and Snowmass Creek. The Applicant asserts that the Community Development Director erred in
the Decision and that a 50' setback should be approved. The grounds for the appeal are presented in the
notice of appeal dated August 20, 2012;this packet also includes pertinent information from the original
application and the recorded Administrative Decision.
APPLICANT: Gerald S. Stein
REPRESENTATIVE: Alan Richman
LOCATION: 26625 Highway 82
ZONING/LOT SIZE: The parcel contains 0.896 acre and is a non-conforming size parcel in the AR-10
zone district.
APPEAL PROCEDURE: Sec. 2-20-180 of the Land Use Code provides that"any affected party"may
appeal a decision made pursuant to the Land Use Code("Code"). The Code requires submission of a
notice of appeal within 15 working days of the decision. The Administrative Decision was signed on
August 6, 2012. The notice of appeal was submitted on August 20,which was 15 working days after the
effective date of the decision, so the notice of appeal was timely.
BACKGROUND/EXISTING CONDTTIONS: The Board of County Commissioners("BOCC")ganted
1041 hazard review and caretaker dwelling unit approvai,pursuant to Resolution No. 97-46. The envelope
was approved to foIlow the 100 year floodplain,which established setbacks of approximately 30' from the
high water line of the Roaring Fork River and 20' from the high water line of Snowmass Creek. The 1041
hazard review site plan was not recorded. The BOCC subsequently granted an extension of vested rights,
pursuant to Resolution No. 077-2000;the vested rights expired in 2003.
The parcel is improved with a log cabin that contains approximately 1,184 square feet(as calculated by the
Pitkin County Assessor)and is estimated to have been built in 1947. ,
STAFF COMMENTS:
The 2006 Land Use Code("Code")requires a 100' setback from the high water line of the Roaring Fork
River and Snowmass Creek. The area included within the building envelope approved in 1997 does not
comply with the current setback. The Applicant acknowledged in the application that there is an area on the
parcel outside of the 100' setbacks where development could occur,but asserted that designation of this
envelope wiil have the following negative consequences:
A. The new residence will be highly visible from Highway 82.
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B. The envelop�will be located entirely within the 100' setback from Highway 82. '
C. Requiring the activity envelope to comply with the l00' stream setback will result in the demolition
of the existing, historic cabin in order to accommodate new development on the parcel outside of the
100' setback.
The Applicant requested that a 50' setback from the high water line of the river and creek be approved,and in
exchange,offered to designate the cabin to the Historic Register. The Applicant asserted that this alternative
would preserve the existing cabin and allow the new residence to be built to the east of the cabin,where it can
be shielded from the highway. The Applicant further asserted that the envelope wil] be 10-14' above the
river and creek in an area that has been disturbed by the more than 60 years of occupancy on the properiy and
does not include any riparian or wetland vegetation.
In Administrative Decision No. 55-2012,the Director made the following finding with regard to the setback:
Sec. 7-20-80(a)(4) of the Code allows a reduction of the 100'setback from the river and creek, if
there is no area on the property that can be used for development outside of the 100'setback
without encroachment into other constrained areas (slopes, geologic hazard areas, severe
wildfire areas and wildlife habitat areas). There is an area outside of the 100'setback that can
be used for development, therefore, a reduction of the setback cannot be approved.
The Applicant appealed the Decision and states, "Imposition of the condition that the activity envelope be
located 100' from the Geek and River is technically in compliance with the Land Use Code, but results in
a clear and demonstrable error by elevating form over substance and elevating technical Code language
over community benefits and good planning. It makes no sense to cause the destruction of irreplaceable
history in an effort to protect non-existent riparian or wetland vegetation. The area above the top of slope
is an upland area that does not contain any riparian or wetland vegetation and likely has not contained
such vegetation in the 65 years since the cabin was first built there."
Suzannah Reid, Historic Preservation Officer, has responded to the Code criteria for designation of the
cabin to the Historic Register in her referral letter(Attachment A). She finds that the cabin is
"recognizable as a product of its time and an excellent example of the Rustic style," and supports the
designation of the cabin to the Historic Register.
While staff appreciates the value of the historic resource,the Code does not provide a mechanism to
reduce the required stream setback in exchange for an historic designation. A reduction in the stream
setback is not listed in the Code as an incentive in exchange for an historic designation, nor is it listed as a
constrained area that would support a reduction in the setback. If the BOCC desires to have an exception
to the stream setback to accommodate preservation of historic resources,then the Code should be
amended accordingly, rather than finding that staff erred in the application of the Code to this property.
RECOMMENDATION: Staff recommends that the BOCC deny the Stein Appeal, subject to the
attached Resolution.
ATTACHMENTS:
A. Historic Preservation Officer
B. Aerial Photo
Notice of Appeal Provided Separately
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,DENYING AN APPEAL OF ADMINISTRATIVE DECISION NO.55-2012 BY
THE GERALD S. STEIN,M.D.,REVOCABLE TRUST
Resolution No. -2012
RECITALS
]. Gerald S. Stein, M.D.,Revocable Trust("Applicant")has submitted an appeal to the Board of County
Commissioners of Pitkin County("BOCC")of Administrative Decision No. 55-2012,which granted
approval of an activity envelope that compiies with the 100' setback from the high water line of the
Roaring Fork River and Snowmass Creek. The Applicant asserts that the Community Development
Director ened in the Decision and that a 50' setback should be approved. If a 50' setback is
approved,the Applicant agrees to designate the cabin to the Historic Register.
2. The parcel contains 0.896 acre, and is a nonconforming size parcel in the AR-10 zone district.
3. The parce) is located at 26625 Highway 82,and is more specifically described in E�ibit A. The parcel
is triangular in shape,and is bounded by State Highway 82,the Roaring Fork River and Snowmass
Creek.
4. The parcel is improved with a log cabin that contains approximately 1,184 square feet(as calculated by
the Pitkin County Assessor)and is estimated to have been built�in 1947. �
5. The Board of County Commissioners("BOCC")granted 1041 hazard review and caretaker dwelling
unit approval,pursuant to Resolution No.97-46. The envelope was approved to follow the 100 year
floodplain,which established setbacks of approximately 30' from the high water line of the Roaring
Fork River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was
not recorded. The BOCC subsequently granted an extension of vested rights, pursuant to Resoiution No.
077-2000;the vested rights expired in 2003.
6. The Community Development Director("Director")approved an activity envelope, pursuant to
Administrative Decision No. 55-2012. Th'e Director found that Sec. 7-20-80(a)(4)of the Land Use
Code("Code") allows a reduction of the 100' setback from the Roaring Fork River and Snowmass
Creek, if there is no area on the property that can be used for development outside of the ]00'
setback without encroachment into other constrained areas(slopes, geologic hazard areas, severe
wildfire areas and wildlife habitat areas). Since there is an area outside of the 100' setback that can
be used for development, a reduction of the setback could not be approved.
7. The Applicant submitted a notice of appeal within 15 working days of the approval of the
Administrative Decision, as required by Sec. 2-20-180 of the Land Use Code("Code"). The
Applicant acknowledged that there is an area on the parcel outside of the 100'river/creek setbacks
where development could occur,but asserted that designation of this envelope will have the following
negative consequences:
A. The new residence will be highly visible from Highway 82.
B. The envelope will be located entirely within the 100' setback from Highway 82.
Resolution No. _-2012 � .
Page 2 ' ,
C. Requiring the activity envelope to comply with the 100' stream setback wiil result in the demolition
of the existing,historic cabin in order to accommodate new development on the parcel outside of
the 100' setbacks.
8. The Applicant requested that a 50' setback from the high water line of the river and creek be approved,
and in exchange,agreed to designate the cabin to the Historic Register. The Applicant asserted that this
alternative would preserve the existing cabin and allow the new residence to be built to the east of the
cabin,where it can be shielded from the highway. The Applicant further asserts that the envelope will
be 10-14' above the river and creek in an area that has been disturbed by the more than 60 years of
occupancy on the properiy and does not include any riparian or wetland vegetation.
9. The BOCC heard this appeal at a regular meeting on October 24, 2012, at which time evidence and
testimony were presented with respect to the appeal.
10. The BOCC finds that staff did not err in its approval of the activity envelope, and that the approval is
consistent with the applicable provisions of the Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby deny the Stein appeal of Administrative Decision No. 55-2012.
DEI�TIED ON THE 24T"DAY OF OCTOBER,2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY,COLORADO
Jeanette Jones Michael M. Owsley, Chairman
Deputy County Clerk
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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John Ely, ind Houben,
County Attorney Community Development Director
PID#246727200016
Case#P052-12 '
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MEMORANDUM
To: Suzanne Wolff,Planner
Pitkin County Community Development Department
From: Suzannah Reid
Pitkin County Historic Preservation Officer
Re: Gerald S Stein MD Revocable Trust Historic Designation
(PID 2467-272-00-016; Case P052-12)
Date: 10/14/12
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The Gerald Stein Trust is requesting designation of a 1947 cabin to the Pitkin County
Register. The parcel at the corner of Highway 82 and Lower Woody Creek Road,
contains a single log and stone cabin that was built in 1947.
The one story log cabin has a rectangular plan,a side gable roof,a stone chimney and a
walkout garage on the east side. The building is an excellent example of the Rustic Style.
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To be included on the Register the property must be found to demonstrate a higher level
af significance. That significance can be demonstrated by use of the following criteria:
l.Importance of the historic theme to wl2ich the resource is related to the
County's history.
Tourism is an impartant historic theme in the valley. Beginning in the
early 20`� century as the US population became� more mobile,touring the
mountain west became a popular leisure activity. Rustic architecture is one of the
most common styles representing the Tourism theme. The image of the log cabin
in the mountains was a powerful part of the American psyche at that time as it is
today. Travellers wanted a genuine western experience; that took a form that
ranged from modest rustic tourist cabins to the grand National Park hotels. In
Pitkin County,the rustic tourist cabin became a pattern for development as both
tourists and transplanted residents arrived to enjoy the natural beauty of the
region.
2. The nurr�ber of other historic properties that this resource represents and how it
is exernplary.
There are several examples of the Rustic tourist era cabins in the valley.
Just across Lower River Road,a group of cabins from the same period has been
designated to the Inventory. The Crystal Valley and the Frying Pan also have
examples of both cabin groups and individuals.
This cabin is an excellent example of the individual cabin. It has the
appropriate plan form, materials,roof pitch and overhang, stone base and chimney
and window styles that represent the characteristics of the style.
3. The resource's level of integriry of location, setting, design, rraaterials,
workmanship,feeling and association.
As stated above the cabin is an excellent example of the style and retains a
high level of integrity. The windows are original, which is unusual and an
important historic element. The deck and curved stone stair are most likely the
only alterations to the building. The gable end siding may have been altered,
however the character of the materials is consistent with the style.
4. The qualities of singularity such as rarity, uniqueness, ared age.
As a well preserved mid-century Rustic Style cabin,this building is
somewhat rare in the valley. This cabin represents the transition from the Pioneer
Rustic style, which were the original pioneer cabins that originated the association
between the west and the log cabin,and the modern interpretation of the log
cabin. While the image of the log cabin has been wildly expanded over the last
50 years,this Rustic style cabin is marks the beginning of the 20`�century version
of the style.
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� 5. Visual prominence. �
The site is visible Highway 82. It is partially located behind a berm so it
is not as obvious as other buildings in this area. The proximity to the road is
characteristic of the Tourist theme that this building represents.
6.Role in communiry events and celebrations. � �
n/a
7.If the work of a notable architect, builder or craftsman, how this property
compares with the body of work produced by the individual or firm.
n/a
8.If associated with a notable individual, how the property illustrates their
contribution to the counry,state or nation.
While not associated with any notable individuals,the property has only
changed ownership a handful of times. This limited ownership has most likely
preserved the cabin over time. At one time this parcel was part of a larger parcel
that included the Snowmass Cottages on the other side of Lower Woody Creek
road.
The cabin is recognizable as a product of its time and an excellent example of the Rustic
style. I support the application to designate the Stein Cabin to the Pitkin County Register
finding that the criteria for designation has been met.
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�ox 3613 r�v�r�c.c. (�olo�rado �1612 plo«c/�ax (9?O)924-l 125 a,ricluaa,���ao,�[ra�o..,cet
August 20, 2012
Ms. Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: APPEAL OF STEIN ADMINISTRATIVE DECISION
Dear Suzanne,
I represent Dr. Gerald S. Stein (hereinafter, "the applicant"), the owner of a nearly 1
acre parcel of land located at 26625 State Highway 82 in Snowmass. The Parcel lD#
for this property is 246727200016. Proof of the ownership of the property and the
owner's designation of my firm as the authorized representative have previously been
provided to you.
The applicant submitted an application for designation of an activity envelope on the
subject property in May of this year. The Community Development Director recently
issued Administrative Decision No. 55-2012, approving the activity envelope
designation (see Exhibit #1). However, Condition #3 of that decision is not acceptable
to the applicant. This condition reads as follows:
3. Prior to submission of a Site Plan Review application, the Applicant shall be
required to submit to Community Development for recordation the Activity
Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and
Application Manual Section 2.1.1. The Activity Envelope Plan shall depict a 100'
setback from the River and Creek, as shown on "Option A" of the Applicant's
activity envelope application. The above referenced approvals shall be a
condition precedent to finalization and recordation.
The applicant believes that imposing this condition represents a clear and demonstrable
error. Therefore, the applicant hereby submits an appeal of this decision, pursuant to
Section 2-20-180 of the Pitkin County Code, and requests a review of this decision by
the Board of County Commissioners.
Following below is some background information regarding the property and an
explanation of why the�applicant believes the Board should revise this condition.
�U
Ms. Suzanne Wo{ff
August 20, 2012
Page Two
Background Conditions
The subject property is a small, triangular shaped parcel of land that is approximately
0.896 acres (39,029 sq. ft.) in size. As depicted on the attached vicinity map, it is bounded
on three sides by prominent physical features, these being State Highway 82, the Roaring
Fork River, and Snowmass Creek. The property is a relatively flat parcel of land. The only
areas of the property having slopes in excess of 15% are the areas below the top of bank,
right along the River and the Creek. The property contains more than a dozen mature
Spruce and Cottonwood trees with a caliper size in excess of 6".
The parcel is improved with a modest log cabin. According to the Assessor's records, this
two bedroom single family residence contains approximately 1,184 sq. ft. of ffoor area on
two levels, plus an unfinished basement. A color photo of the cabin is included with this
application.
The cabin was built in 1947, at approximately the same time as the neighboring cabins,
which are commonly known as the Snowmass Cottages. The Snowmass Cottages were
recently placed on the historic register by the County. The applicant has been conducting
research on the history of the cabin on the subject property and has found it also has
historic significance. A brief report summarizing this research is attached as Exhibit#2.
fn 1996 the appficant submitted an application to Pitkin County requesting 1041 approval
for this property. The appiicant proposed to build a new residence "located as far from the
highway as possible, behind several very large evergreen trees that will serve as a buffer
from the noise and grit that is created by the highway". The applicant also proposed to
maintain the existing log cabin and convert it into a detached caretaker's residence. ,
The 1996 application was approved by the Board of County Commissioners pursuant to
Resolution 96-318, fater re-recorded and re-numbered as Resolution 97-46 (see Exhibit
#3). In approving the application the BOCC directed the applicant to revise the envelope
so its boundaries would follow the 100 year floodplain, establishing a setback of
approximately 30' from the high water mark of the Roaring Fork River and 20' from
Snowmass Creek (see condition #2 of Resolution 97-46).
A revised version of the 1041 site plan was never produced or recorded by the applicant.
However, we have included a copy of the originai site pian with this letter which we have
marked up to show the buifding envelope that was approved by the BOCC in 1996.
In 2000 the applicant requested and the Board of County Commissioners granted an
extension of the vested rights for the 1041 approval (see Resolution 077-2000, attached
as Exhibit #4). A subsequent vested rights extension application was submitted in 2003
but the Board decided not to extend the vested rights for second time.
, , '�
Ms. Suzanne Wolff
August 20, 2012
Page Three
Basis of Appeal
Since the time of the original land use approval the Land Use Code has been revised to
require a 100' setback from the high water line afong the Raaring Fork River and
Snowmass Creek. Therefore, when a new activity envelope application was submitted in
May of 2012, it was prepared with the intent of comp{ying with the 100' setback. The
activity envelope that would comply with this standard is shown on the drawing {abefed
Stein Activity Envelope Plan: Option A: 100' Setback.
The Option A drawing shows that if the applicant is required to abide by the 100' setback
from the River and Creek, then the most suitable portion of the property (which was
included in the prior building envelope) will now be excluded from the activity envelope.
{nstead, the aetivity envelope will basically be confined to the area where the old cabin is
located and the narrow western (triangular} corner of the property. However, that
triangular corner of the enve{ope (the area beyond the ditch) will be needed for on-site
sewage disposal because it allows for the necessary separation from the weN and an
adequate setback from the River and Creek to meet Environmental Health standards. So
the only developable location within this envelope is where the existing cabin is situated.
Designation of this enve{ope will, therefore, have the following negative consequences:
1. The cabin clearly has historica{ significance. Requiring the activity envelope to be
drawn in this configuration will result in its demolition rather than its preservation. The
applicant would prefer to preserve this structure and buifd a new structure just up-valiey
(east} of the cabin. Doing so would also benefit the community by aflowing the cabin,
which is {ocated in proximity to transit facilities, to be used as a caretaker �iwelling.
2. If a new residence were bui{t in this location it would be highly visible to travelers
along Highway 82.
3. This envelope is located entire{y within the 100' setback from Highway 82 (the
cabin is less than 25' from the front property fine), meaning that any re-development of this
property wil{ require the applicant to obtain a substantial setback variance from the Board
of Adjustment.
An alternative activity envelope plan labeled "Option B: 50' Setback" was also submitted
with the May, 2012 application. It shows that if the setback from the River and Creek were
limited to 50' instead of 100', the activity envelope can be extended to the east of the
cabin, creating a much more reasonable location for a new residence to be built. The
benefits of Option B are that it allows the historic cabin to be preserved and it provides a
building area that is situated behind the mature trees and the existing berm aiong the front
of the property, thereby limiting the visibifity of the new home from the Highway.
� , �v
Ms. Suzanne Wolff
August 20, 2012
Page Four
The resulting envelope is similar to the envelope that was previously approved for this
property by the Board of County Commissioners. However, Option B actually has a
greater setback from Snowmass Creek (50' vs. 20'} and the Roaring Fork River (54' vs.
30') than was previously approved by the Board.
Moreovec, as part of the land use application, the applicant demonstrated that the County's
stated intent for having the 100' river and stream setback, which is the protection of
riparian values, can still be achieved with a reduction of the setback to 50' for this property.
Exhibit #5 provides a response to Sec. 7-20-80 (4) of the Code which establishes the
standards for granting reductions of stream setbacks. This response demonstrates that
there would not be any negative water qua{ity, wild{ife habitat or other environmental
impaets from reducing the setback to 50'. This is because even with the reduced setback,
the envelope would be limited to the upfand portion of the site above the top of bank
and fully avoids the riparian lands, which only occur below the top of the bank.
Furthermore, as a condition of County approval of Option B, the applicant witi
designate the existing cabin to the Pitkin County Historic Register, thereby
preserving this valued historic resource. Considering the recent designation of the
Snowmass Cottages to the Register, this would ensure the preservation of a cfuster of
historic structures in and around the original Snowmass settlement.
Conclusion
Imposition of the condition that the activity envelope be focated 100' from the Creek and
River is technicafly in compliance with the Land Use Code, but results in a clear and
demonstrable error by elevating form over substance and elevating technical Code
language over community benefits and good planning. It :� �akes no sense to cause the
destruction of irreplaceable history in an effort to protect nan-existent riparian or wettand
vegetation. The area above the top of slope is an upland area that does not contain any
riparian or wetland vegetation and likely has not contained such vegetation in the 65
years since the cabin was first built there. This is confirmed by the applicant's
responses to Sec. 7-20-80 (4) and by the fact that the BOCC previously approved a
1041 envelope in this focation and can easily be verified by a visit to the site.
The app{icant respectfully requests that the Board of County Commissioners find that the
administrative decision approving Option A represents a clear and demonstrable error and
that Option B shoufd instead be approved. 1f this error is allowed to stand the existing
cabin will be replaced with a new residence and another piece of the County's heritage will
be lost forever. Moreover, the resulting development wilf be highly visible from Highway
82 and the occupants of the residence will be subject to the noise, lights, dust and other
effects of being so close to the Highway. None of this represents an appropriate land use
outcome for the applicant or for the community.
, � I3
Ms. Suzanne Wolff
August 20, 2012
Page Five
I believe we have provided all of the materials you require to process this appeal. Please
let us know when this matter will be scheduled to be heard by the Board of County
Commissioners. Thank you for the assistance you have provided to us throughout this
application process.
Sincerely,
ALAN RICHMAN PLANNING SERVICES, INC.
�
Alan Richman, AICP
� � . ... ��,��� .� . ., .
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EXHIBITS
/
EXHIBIT #1 �s
RECEPTION#:591188,08/07/201Z at
02:29:31 PM,
1 OF s, R �0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMM[JNITY DEVELOPMENT DIRECTOR OF
PITHIN COUNTY,COIARADO,APPROVING THE GERALD S.STEIN,M.D.,REVOCABLE
TRUST ACTIVITY ENVELOPE REVIEW
Administrative Decision No�-2012
RECITALS
1. Gerald S. Stein,M.D.,Revocable Trust("Applicant")has applied to the Community Development
Director of Pitkin County("Director")to establish an activity envelope.
2. The parcel contains 0.896 acre,and is a nonconforming size parcel in the AR-10 zone district.
3. The parcel is located at 26625 Highway 82,and is more specifically described in Exhibit A. The parcel
is triangular in shape,and is bounded by State Highway 82,the Roaring Fork River and Snowmass
Creek.
4. The parcel is improved with a log cabin that contains approximately 1,184 square feet(as calculated by
the Pitkin County Assessor)and is estimated to have been built in 1947.
5. The Board of County Commissioners("BOCC")granted ]041 hazard review and caretaker dwe{ling unit
approval,pursuant to Resolution No.97-46. The envelope was approved to follow the 100 yeaz
floodptain,which established setbacks of approximately 30'from the high water line of the Roaring Fork
River and 20' from the high water line of Snowmass Creek. The 1041 hazard review site plan was not
recorded.The BOCC subsequently granted an extension of vested rights,pursuant to Resolution No.077-
2000;the vested rights expired in 2003.
6. The 2006 Land Use Code{"Code")requires a 100' setback from the high water line of the Roaring Pork
River and Snowmass Creek. The area included within the building enve{ope approved in 1997 dces not
comply with the current setback. The Applicant acknowledges that there is an area on the parcel outside
of the 100'setk;�cks where development could occur,but asserts that designation of this envelope wil)
have the follo� .ng negative consequences:
A. The new residence will be highly visible from Highway 82.
B. The envelope will be located entireiy within the 100' setback from Highway 82.
C. Requiring the activity envelope to comply with the 100' stream setback wi11 result in the demolition
of the existing,potentially historic cabin in order to accommodate new development on the parcel
outside of the 100'setback.
7, The Applicant requests that a 50'setback from the high water line of the river and creek be approved,
and in exchange,offers to designate the cabin to the Historic Register. The Applicant asserts that this
altemative would preserve the existing cabin and allow the new residence to be built to the east of the
cabin,where it can be shielded from the highway. The Applicant further asserts that the envelope will be
10-14'above the rivei and creek in an area that has been disturbed by the more than 60 years of
occupancy an the property.
� � . _ _
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r
Administrative Decision No�;��-2011
Page 2
8. The Director finds the following with regard to the proposed activity envelope:
A. Sec. 7-20-80(a)(4)of the Code allows a reduction of the 100' setback from the river and creek, if
there is no area on the properry that can be used for development outside of the 100' setback
without encroachment into other constrained areas(slopes, geologic hazard areas, severe wildfire
areas and wildlife habitat areas). There is an area outside of the 100' setback that can be used for
development,therefore,a reduction of the setback cannot be approved.
B. The activity envelope avoids the 100 year floodplain of the Roaring Fork River.
C. The activity envelope contains slopes of less than 30%,where development is permitted by Sec.
7-20-20(d)of the Code.
D. The wildfire hazard is rated as low or moderate,and can be mitigated.
E. The parcel is not within any mapped mule deer,elk or bighorn sheep habitat areas.
F. The parcel is within the mapped Scenic View Protection Area("SVPA")and proposed development
will be reviewed pursuant to the SVPA standards at Site Plan Review.
9. The Director further finds that the parcel is eligible for a growth management exemption of up to 5,750
square feet of floor area,pursuant to Sec.6-30-l]0(c)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:
1. 'The Applicant shall adhere to all material representations made during the application process.
2. The conditions of this Administrative Decision shall replace the conditions of BOCC Resolution Nos.
97-46 and 77-2000.
3. Prior to submission of a Site Plan Review application,the Applicant shall be required to submit to
Community Development for recordation the Activity Envelope Plan in accordance with Land Use
Code Section 2-30-20(g)and Application Manual Section 2.1.1. The Activity Envelope Plan shall
depict a 100'setback from the River and Creek,as shown on"Option A"of the Applicant's activity
envelope application. The above referenced approvals shall be a condition precedent to finalization
' and recordation.
4. Prior to submission of any building permit applications,the Applicant shall be required to submit for
approval an appiication for Site Plan Review,pursuant to Secs.2-30-20 and 7-10-50 of the Code.
5. 5,750 squaze feet of gross floor area is exempt from growth management without the use of TDRs or
growth management allotments for additional floor area.
6. Prior to issuance of a building permit for a replacement residence,the Applicant shall:
A. Provide proof of an adequate water supply(in terms of quantity and avaiJability)for domestic and
fire protection purposes,and for irrigation purposes, if applicable.
B. Obtain an on-site wastewater disposal system permit from the Environmental Health and Natural
Resources Department.
C. Submit a drainage and erosion control plan for review and �proval by Planning/Zoning. All historic
and natural drainage patterns shall be maintained.
D. Obtain a fireplace/woodstove permit from the Community Development Department, if applicable.
I 7
Administrative Decision No�-2011
Page 3
E. Obtain a driveway/access permit for any improvements to the existing driveway,if applicable,which
shall be approved by Planning/Zoning and the Basalt Fire Marshal.
F. Pay the applicable road impact and housing impact fees. .
G. Submit a construction management plan for review and approvat by Planning/Zoning.
H. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
I. Submit a tree mitigation plan if any trees with larger than 6"DBH are to be removed.
J. Submit an outdoor lighting plan.
7. Prior to commencement of any earthmoving or construction activity,the Applicant shall stake the
corners of the activity envelope and install construction fencing around the perimeter of the envelope.
The fencing shall remain in place until a Certificate of Occupancy is issued for the residence.
8. No development, including grading,excavation,fill placement,berming, landscaping,entry or ranch
gates,construction parking and staging,and vegetation removal or disturbance,well or septic system,
shall occur outside of the approved activity envelope,except to comply with the required wildfire
mitigarion or an approved weed management plan. Any new utility lines shall be placed within the
approved activity envelope.
9. The Applicant shail comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the activity envelope.
B. Provide waste storage that complies with the County Code regarding bear-proof containers.
C. Avoid fruit-bearing trees and shrubs in any landscaping.
D. All outside doors shall utilize only sotid,round-handled door knobs unless another type is required
by the applicable building code for disabled accessibility purposes.
E. Bird feeders,including hummingbird feeders,shall be hung away from any deck or window,and
shall be at least 10' from the ground suspended between 2 trees or posts. A11 seed feeders shall
include a seed catchment pan to catch discarded seeds.
10. The Applicant shall comply with the applicable codes and requirements of the Basalt and Rural Fire
Protection District, including but not iimited to access,adequate area for turning around of fire
equipment, installation of an approved fire sprinkler system and provision of an adequate water supply
� for firefighting.
11. 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):
1) Brush,debris,and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
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.
3) Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Ma�cimum diameter of the clumps shall not exceed
10 feet. A)I measurements shall be from the edges of the crowns of the fuel.
. , i�
Administrative Decision No�-2012
Page 4
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 withirrt�c30 foot perimeters shatt hav�a minimum of 10 f�et betwee�---
the edges of the crowns.
6) All branches which extend over the roof eaves shall be trimmed and all branches within I S 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 ]00 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.
11) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
8. 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 fallowing:
1) 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 shafl facilitate the natural process of ciearing debris. Protrusions above the
roofline, such as parapets,sha4{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 specificaily approved by the
Fire Marshal prior to submittal of a building permit application.
C. Additional wildfire mitigation standards:
1) Vents shall be screened with cotrosive resistant wire mesh with mesh '/4 inch maximum.
2) Roofs and gutters shall be kept clear of debris.
3) Yards shall be kept clear of al) 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) Non-sgltwater swimming pools or ponds shall be accessible to Fire Department vehicles.
6) Fences sha{I be kept clear of brush and debris.
7) Wood fences shall not connect to the structure.
8) Fuel tanks shail 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 cleazly 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 activity envelope.
� .� __. �.
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Administrative Decision N�-20I2
Page 5
12. All areas disturbed by construction shall be sevegetated with native shrubs and grasses within one
growing season of the project's completion,
13. Approval of an activity envelope within the required yard and road setbacks does not assure approval
of a variance from the Board of Adjustment.
14. No calculations for height,bulk,setback,size,floor area,or any other building and zoning requirements
have been conducted. These requirements wil{be considered at the time of buitding permit.
15. 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.
16. 5tatutory 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
ode§2-20-170 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall expire on
�,2015.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 14`h day
of June,2012.
APPROVED by the Director,this�day of�_�_,2012.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weeklv on the�day of���._,2012.
_ T—
� ���,����%�l
Cir�dy Hou n,
Community Development Director
PID#246727200016
P052-12
. . ��
Exhibit#2
Working Draft: History of Stein Cabin
1. The cabin was built in 1947. The evidence for this conclusion includes the
__ __ _-- ---- -___------ ----- ---- --- _- ---- _ .
records of the Pitkin County Assessor, which lisf ifs date of construction as 1947, and a
telephone conversation with Julie Wyckoff, who owns the nearby Snowmass Cottages
and has lived in the Snowmass area for many years. The architecture of the building is
also consistent with that of a tourist cabin built in this era (see point#3, below).
2. The land on which the cabin is located was originally part of a larger ownership
that included all of the land at the corner of Snowmass Creek Road and Highway 82,
including the land on which the Snowmass Cottages are now located. The transactions
involving this property going back to the beginning of the 20�h century are as follows:
The original owner was Stewart.
Stewart conveyed to Emma Bradshaw in 1901.
Emma Bradshaw conveyed to Ruth Bradshaw in 1931.
Ruth Bradshaw conveyed to Anderson in 1946. Anderson built the cabin the next year.
Anderson conveyed to Golden in 1955.
Golden conveyed to Tudor Land Company in 1969.
Tudor Land Company conveyed to Stein in 1979.
It is unclear from the records when this smaller parcel was split off from the remainder
of the land ownership.
3. The Stein cabin is an example of the Rustic Style of architecture. According to a
report prepared for the City of Aspen's historic preservation program, Rustic Style
cabins, used as lodges and residences, first began to be built in the Aspen area in the
1930's and this architectural style continued to be utilized until approximately 1970.
Examples of such cabins in Aspen include the Waterman Cabins (7th and Main) and
Deep Powder Lodge, both since demolished, the Swiss Chalets (now the Jewish
Community Center site) and the residential cabin at 300 West Main Street. In the
County the Snowmass Cottages are an example of the Rustic Style. Rustic cabins can
also be found in Redstone and in the Thomasville/Meredith area of the Fryingpan.
The Rustic Style's roots lay in the simple pioneer cabin, the vacation homes of the
Adirondack Mountains built in the late 1800's, and the entry buildings and guest lodges
of the National Park Service in the early 1900's. The style employs native materials in
proper scale and with a lack of sophistication that gives the building the feel of having
been built by pioneer craftsmen with limited hand tools.
1
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,�,,, ___ ___ _ . _ � _
. . �I
Buildings constructed in the Rustic Style represented the frontier spirit that many visitors
were looking for when they began to vacation in the west in the years after World War II.
The report prepared for the City of Aspen states that these buildings attracted "a
strange assortment of people- artists, writers, and movie actors who wanted to get away
__ __. _
_--- --
from city life, wealthy sportsmen who-wanted-a- �sfiing-and-�iun�ing�c�ge�mid-
westerners who wanted a summer mountain cottage, eastern couples who wanted to try
their hand at ranching, and ski cranks who wanted to start a business, any sort of
business, to be close to Aspen's slopes."
According to the Colorado Historic Society, typical characteristics of the Rustic Style are
"log construction, stone foundation, small paned windows, overhanging roof, stone
chimney, and battered walls". The Stein Cabin certainly possesses these
characteristics. The City of Aspen lists the following features to be considered for a
structure to be eligible for designation as an example of Rustic Style architecture:
• Hand built structures that are constructed out of locally available materials,
usually log; stone may be incorporated at the base, or in the form of a fireplace
and chimney. Later examples include machine cut logs.
• The buildings are usually single story, with a low-pitched gable roof.
• True log construction with overlapping log ends, coped and stacked. Logs may
be dressed and flattened for stacking or may be in rough form. Chinking infills
the irregularities befinreen the logs either way. Machine made buildings mimic
these details, though without the chinking.
• Window openings are spare and usually horizontally proportioned, wood trim is
used to finish out the window openings.
• Building plans are simple rectangular forms, with smaller additive elements.
• The roof springs from the log wall, and gable ends are often infilled with
standard framing. This may be a small triangle or a second level of living
space.
• The emphasis is on hand-made materials and the details stem from the use of
the materials, otherwise the detail and decoration is minimal. �
Again, the Stein Cabin displays many of these distinguishing features, making it a
worthy example of rustic architecture in Pitkin County.
2
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; I �...,�I Il�N Iillll III1 IIILIII IIIII Nlll III ��"�1 IIII ���) EXHIBIT#3 �,
� -403126 04/04/1997 02:04P RESOLUTION Z
� 1 of 6 R 0.00 D@.00 N 0.00 PITKIN COUNTY CLERK
'� RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
� � COUNTY, COLORADO, GRANTING APPROVAL TO THE STEIN
tf _ _ _
CARETAK�R DWELLIN�-U1�lIT AND 1041 HAZARD REVIEW
� _ ____ �
�
Resolu�ion No. ��7—.;';�
b
� ` RECITAL S
� 1. Gerald and Carol Stein, hereafter "Applicant", have applied to the Board of County
� Commissioners of Pitkin County, Colorado, hereafter"Boazd", for approval of a detached
� caretaker dwelling unit, and 1041 Hazard Review.
�� 2. The Applicant's lot is zoned.AFR-I O and contains approximately 40,000 square feet.
� 3. Said parcel is Iocated at 26685 Highway 82, and is more specifically described in
Exhibit "A".
�
4. The Appiicant proposes to deed restrict a detached caretaker dwelling unit puxsuant to
Section 3-150.130(B} of the Land Use Code and to establish a building envelope for a
v proposed new single family home according to the 1Q41 hazard review regulations
�' (Section 3-80).
�
� 5. The Board heazd this application at a regularly scheduled meeting on November 20,
� � 1996, at which time evidence and testimony was presented with respect to the
� application.
` �� 6. The Board finds that the application generally complies with the applicabie sectians of
� '
� the Code.
\ .
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby
�> grant approval of the Stein Caretaker Dwelling Unit and 1041 Hazard Review, subject to
� the following conditions: -
�
`v 1. The applicant shall adhere to all material representations made in the applicatian and
in public meetings.
� 2. Prior to building pemut application, the applicant shall record a 24"Y36" mylar 1Q41
Hazard Review Site Plan wluch meets the approval of the Community Development
Department and the County Attorriey. The site plan shall include the following 1041
Hazard Review Warning and Disclaimer; "I041 environmental hazard areas exist
that might affect the property, any improvements, arzd the use and occupancy
thereof." The site plan shall also be submitted in a digital format for integration into
the County Geographic Infarmation system.
40�C880 � �DI/14/1997 Q1 :49R �'G 1 QF E REC DOC NOT
cr� utA DAVIS PITKIN C(]UNTY CLERF'. & RECDRDER �. �0
. i IIIIII IIIII II
Illl illt�._l�lll lilll lilli lll lilli llll llii z�
403126 04/04/1997 02:04P RESOLUTSON
, 2 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
Resolution No. 9�-��'
Page 2
The proposed building envelope shall be modified to exclude all areas within the 100
year floodplain and the required 20' streamside setbacks. A Board of Adjustment
variance will be required for any construction within the 200' Highway 82 setback.
3. Building foundations and underdrain system shall be reviewed and certified by a
Colorado registered professional engineer. Precautions shall be taken to limit adverse
impact on the stability of the slopes to the River and Creek. Foundation plans shall be
submitted at the time of building pemut application.
4. The applicant shall submit a drainage and"erosion control plan which meets the
approval of the County Engineer, prior to the issuance of a building permit. In
addition to addressing permanent drainage and erosion control measures, the plan
sh�Il include temporary erosion control measures for construction to prevent soil and
sediment from impacting the Roaring Fork River and Snowmass Creek.
5. 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.
6. 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 wildfue mitigation measures. This includes landscaping and septic systems.
7. Prior to issuance of a building permit, the a�';Iicant shall provide documentation of an
adequate domestic water sugply. Quantity and qualiry 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.
8. 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
envelape and meet all environmental setback requirements.
9. Outside illumination shall comply with County lighting standards in effect at the time
of building permit issuance.
10. The applicant sha11 obtain a fireplace/wood stove permit with Environmental Health
Department prior to the issuance of a building permit.
4�D088Q� �1/14/1997 01 :49F PG 2 QF E
� � I IIIIII 11111 II{III Ilil I!''�'� Itl�il IIIII ifi tllii IIII I ��
� 403126 04/04I1997 02:�.�P RESOLUTION "�
3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
,,
Resolution No. 96-���
Page 3 �
1 l. 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) Brush, debris, and non-ornamental vegetation shall be removed within a
minimum 10 foot perimeter around the sides of structures. In this 10 foot perimeter
vegetation sha11 be maintained at 6 inches or less.
2) A11 branches which extend over the roof eaves shall be trimmed and all
� branches within 15 feet of the chimneys shall be remaved.
3) TI�e appiicant shall he responsible for the continued maintenance of the
-defensible space vegetation requizements. - - - -
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 wi,,z corrosive resistant wire mesh with mesh 1/4 inch
maximum.
c. The following maintenance rneasures 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) AIl flammable materials or firewood/wood piles sha11 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.
4�08A� 01/14/1997 Q�1 :49P PG 3 OF 6
� � 1 llllll ltlll 1111111111 I11l�!' 11111I1i11 I{� Itlll llll �Iti �.�
403126 04/04/1997 @2:l RESOLUTION
4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COIJNTY CLERK
;� �Resolutian No. 9.6=_� .
Page 4
d. The following miscellaneous measures shall be adhered to:
1) Swimming pools sha11 be accessible to fire department vehicles.
2) Fences sha11 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. � .
�) 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 tanlc. Any wood enclosure around the tank shall be constructed
with materials approved for two hour fire-resistive construction on the eYterior 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) Addresses shall be clearly marked with 2 inch non-combustible letters and shall
be visible and instaJ,'�d on a non-combustible post.
9) All codes and requirements of the Basalt Fire Protection District shall be met.
12. Any fencing shall meet County wi�dlife standards.
13. The proposed caretaker unit shall be limited to 700 square feet or less.
14. A caretaker dwelling vnit deed restriction to the satisfaction of the Housing Office
� shall be recorded before any building permit approval is granted for any structure on
the parceL
15. The kitchen of the caretaker unit shall contain a minimum of a two-burner stove with
oven, standard sink, and a minimum 6-cubic foot refrigerator with freezer.
16. The floor plan of the caretaker unit shall be provided to the Housing O�ce for
approval prior to application for a building permit for the unit.
4�c��88� �1/1411997 �1 :49P �'G 4 OF 6
. � I I I�'III "III "I"I III' I'II'�I ��II II"I III �'I�I �III I"I
� 0 UTION
403126 04/04/1997 02:04P �. � L '��
3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CLERK
^
__ .____ R�sc��ut�o��1�9�%-y�
— --- - --___ ---- ------__
Page 5
�1 n I�
APPROVED AND ADOPTED ON THE --f�"`�� ;1�:.;;�� %:�t ,:�;>�_:' ���" �/��
� �, -/ " �/
✓
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
. BY ��� �
James R. True, Chair
Date �– �?�G
_ _. _ __ A ST:
Je e Jones
De ty Clerk and R order
APPROVED AS TO FORM: - APPROVED AS TO CONTENT:
���----� ��r���
� John El Cindy Houben
Co y Attorney Community Development Director
P84-96
2467-272-00-016
400880 01/14/1997 01 :49P FG 5 OF b
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LEGAL DFSCRIPT20N �' .
.. � . . ,� .. .. ., `�';;,'�-
n parcel of land si��ted in TracC 74, Sectial 27., 'Ibwr�shi� 8 Sout-h, . ;;.�``}�
Rarx�e 8G West of the 6th P.M. �ying Nortlr.sly of the Northerly right � ;`:���
of way Iis�e,, State E�ighway No. 92 ar�d Soutr�esly of the Nort��erly 1is�e --_ ` ��.:.-,�.
of Tract ?�, said dPS�ribed as follaws: %°":'�
Paz'oe1 t�'-is�9 ...Z:.i r.
:
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Heginnir� at a point an :he Nc�r�therly li.� of said Tr�ct 74, whence an �����.'
iran post with a brass cap found in plaoe and pzt�erly masiced for .`�s;g,�;
Angle Point 2 of said Tract 74 bears �wth 88'45' 44" Wes�, 2.OQ fe�et; �'��'`� '
. c�
thP.rr� Nnrth 88'45'4�1" East, 414.35 feet tb a point in the cent�s of � �-�'^�t`
. ,,i��,�
the rork River; � '-
the�x.��...o th^53'S4'34" East, 67.66 feet along the center line of said �-:'���
riv�s: z:,;`�'`'.
thes�ce' South 21'S9'00" West, I36.75 feet alo�g the oenter of Sna�mtiass : ��`';�j;>;;
��: to a point cx� the Nortl�erly right of way 13s�e of said high�ray; �`� � �''�j;"��':�%
thPSCe North 69'19'00" Wes�, 446.52 feet al the Northes�l _ ri ht of � � - � '��'��,�
�4 Y 9 {u--r,�: ,
way line of said highway to t2» F-bin� of B�irinirx,�. �� - . : ►e�;`..
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PITKIN COUNTY, - .. � . . . c •�: ,<,
COLORADO . ' �; 1`*�'����: ,
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. -� z.�^i� 1 1/ 15/93 16: 1 r Rec �4�►, ��(� Ef: 731 FG 377 � °..,,�
!�•-6�--- ��"-i''- �
Silvia Davis , Pitkin Cnty Cler•t: , Doc �•��t� . .. _ . : '•;-:�.; �
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� � � , EXHIBIT #4 ; `�D
�� RESOLUTION OF TI�E BOARD OF COUNTY COIYIMISSIONERS.OF PITKIN COUNTY,
N
'� �
�y��„ COLOR�DO, GR�u\TTNG:�PPROVAL FOR EXTENSION OF VESTED REAL PROPERT��
F-
��a RIGHTS FOR THE STEIN PR�PERTY
__--
__- --------_
-- --
_____ _-
o= Resotution No.�-2000
N Fr'
�F Y
� RECITALS
�
�a� m (. Gei•ald Stei3� ("Applicai�t") I�as appliec! [o the Pitkin Courty (3oard ot�County Commissio��ers
�� ("BOCC") to cotisider an e:ctc;nsio�i ��f vested real property rights pursuant to Sectiun =4-I�Q.3U of�
= the Land Use Cocie.
���
� �. The property is located at?6685 E[ighway 82 and is more specitically described in the attacheci
� �
��� Exliibit."A".
��� 3. The property is zoned AFR-l0 and contains approximately=�O,UUO square feet.
�m�
���
��� �. The BOCC heard this application at a duly noticed public hearing on April ?6, 2000 at which time
"��f° evidence and testimony were presented with respect to this application.
5. The BOCC has detennined that the proposed development meets the criteria established in Section
. 4-140-30 of the Land Use Code, and therefore found the extension to be appropriate.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby grant an extension of vested propecty rigl�ts to the Stein property subject to the fo(lowin�
conditions which shall run with the land and be binding on all successors in interest:
(. The Applicant shall adhere to all materia(ceQresentations made in the application and in the
pub(ic meetinas.
?. The applicant sha!] establish a building envelope on the recorded site pian that is approved by the
Plannin� Department and encompasses the eYisting residence, septic system and parkina area and
avoids the 100 year floodplain.
3. Prior to submittal of any building permit applications, the Applicant shall record a 24 X 36 inch
mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code.
The site plan shall also be submitted in digita( format for integration in to the County Geo�raphic
Information System (GIS).
�. Development that exceeds 30 inches in height within a required setback shall require approval from
the Board of Adjustment. This includes development within the approved building envelope.
5. The conditions specified in the Stein 1041 Hazard Review ;ranted January 8th, 1997 pursuant to
BOCC Reso(ution No. 97-46 shall remain in full effect, eYCept as amended herein.
6. Outside illumination shall comply with County lighting standards in effect at the time of installation.
7. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings
and flat roofs (up to 3:l2 pitch) are prohibited in all wildfire hazard areas:
. ��
Rcsolution Nu.G�i;7 -'_00O
Page 2
8. Tl�e Applicant shall maintain appropriate wildtire defensible space standards as detined inPitkin
County Code Section 3-80-070(C)(Z).
9. The vested rights for the approval contained herein shall e�pire on April ?6, ?003.
t t III � I I IIi i �� 'I II �+t II�I ! I) �I I I ( ��
44 38 /
/2 0 1� 3A R 501. I I 1.
2 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
� ' ; � � ,�b
Rcsulution Nu.l�',>? -30UQ
Paee 3
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TINIES ON THE ZSTH DAY OF
rn.aRCx Z000. .
APPROVED AND ADOPTED ON THE 26TH DAY OF APRIL 2000.
r
VESTED RIGHTS vOTICE PUBLISHED ON THE�DAY OF�,200U.
ATTEST: BOCC OF CUUNTY CONiMISSIONE2S
; OF P[TKIN COUNTY, COLORADO
, ,� '1
�,- ,; l
� ,�t '�!, . % � ' �,' ���l �r+`�
Ly ee R. Dean, Shellie Roy Harper,
` Deputy Clerk and Recorder Chair
Date: ��.'S-�o
APPROVED AS TO FORI�t: APPROVED AS TO CONTENT:
,.�--�-- � �.� ���
John E�y, " Cindy Houben, �(��rva
County rney Community Development Director
Case#Pl 1-00
P[D#246727200016
+ 'II' II'I�'I II� "I" IIJI �"1 ,
I I"III ��III �'III' I"II'I'II
443938 06/06/2000 g0•N 0.@05PITKIN COUNTYICOI
3 of 4R0.00D
, � � ��7`i`/f3<T (r� �� J I
F. . GII':�2c���
Our Order No. Q38081�
LEGAL DESCRIPTION
A.PARCEL OF LAND SITUATED IN TRACT 74, SECTION 27, TOWNSHIP 8 SOUTH, RANGE 86
WEST OF THE SIXTH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF
WAY LINE, STATE HIGHWAY NO. 82 AND SOUTHERLY OF THE NORTHERLY LINE OF TRACT 7d,
SAID PARCEL BEING DESCRIBED AS POLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID TRACT 74, WHENCE AN IRON POST
WITH A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR ANGLE POINT 2 OP SAID
TRACT 74 BEARS SOUTH 88 DEGR.EES 45'44" WEST, 2.00 FEET;
THENCE NORTH 88 DEGREES 45'44" EAST, 414.35 PEET TO A POINT IN THE CENTER�P THE
R�ARING FORK RNER;
THENCE SOUTH 53 DEGREES 54'34" EAST, 67.66 FEET ALONG THE.CENTER LINE OF SAID
RIVER;
THENCE SOUTH 21 DEGREES 59'00" WEST, 136.75 FEET ALONG THE CENTER OF SNOWIviASS
CREEK TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SAID HIGHWAY;
THENCE NORTH 69 DEGREES 19'00" WEST, 446.52 FEET ALONG THE NORTHERLY RIGHT OF
WAY LINE OF SAID HIGHWAY TO THE POINT OF BEGINNING.
COUNTY OF PITI�N, STATE OF COLORADO
I ��'III "III �'III' I"II 'I'I� 'll' II'I"I III "III 'I'I I"I
443938 06/06/2000 11:03A RESOLUTI DAVIS SILVI
4 of 4 R 0.00 D 0.00 N 0.00 PITKIN COl1NTY CO
� � 3z
EXHIBIT #5
Responses to Standards for Reduction of Riparian Setback
The applicant offers the following responses to the standards of Section 7-20-80 (4) to
demonstrate the appropriateness of reducing the stream setback on this property to 50':
1. Slopes adjacent to the protected features are less than thirty(30) percent.
Response: The only areas on this property with slopes in excess of thirty (30) percent are
immediately below the top of bank of the Creek and River. Neither of these areas is
proposed to be included within the activity envelope
2. Highly erodible soils or unstable stream bank conditions are not present.
Response: There are no highly erodible soils or unstable stream bank conditions present
within the proposed activity envelope.
3. The proposed use of the property does not represent a special hazard to water
quality or wetlands (e.g., storage or handling of hazardous or toxic materials).
Response: The proposed single family residence does not represent a special hazard to
water quality or wetlands. Re-development of the property will allow the on-site sewage
disposal system, which is currently located below the house and too close to the River, to
be moved away from the River to an upland location that is more than 100' from the high
water mark. This will be a benefit, not a hazard, to water quality.
4. The one hundred (100) year or intermediate regional flood zone does not encroach
into the setback reduction requesfed.
Response: The 100 year floodplain does not encroach into the a:ea of the requested
setback reduction.
5. Trees, shrubs, or other natural features that provide for stream bank stability,
enhance wildlife or aquatic movement within a stream corridor, provide habitat
enhancement for aquafic movements and riparian area protection do not exist, or
will be unaffected by the propose� activity or development within the setback
reduction being requested.
Response: The area in question sits approximately 12-14' above the elevation of the high
water mark along the Roaring Fork River and approximately 10' above the elevation of
Snowmass Creek. This portion of the property has been altered by human occupancy for
the last 65 years (since at least 1947). It does not have the kinds of natural features that
the County is trying to protect with this Code section.
. 3�
6. Habitat for plant, animal or other wildlife species listed as threatened or endangered
by the United States Fish and �Idlife Service does not exist within the setback
reduction being requested.
Response: The applicant is not aware of any habitat for such federally listed plant or
animal species or habitat that exists on the property.
7. Habitat for plant, animal or other wildlife species /isted by the State of Colorado as
rare, threafened, or endanger�ed species of special concem, or species of
undetermined status does not exist within the setback reduction being requested.
Response: The applicant is not aware of any habitat for such state listed plant or animal
species or habitat that exists on the property.
8. The area within the sefback reduction being requested is not needed to prevent or
minimize flood damage by preserving storm and flood water storage capacity.
Response: No development of any type is proposed within the 100 year floodplain so
there will be no adverse impacts from the setback reduction on storm and flood water
storage capacity.
9. The area wifhin the setback reduction being requested is not needed to protecf�sh
spawning, breeding, nursery and feeding grounds.
Response: No such areas would be affected by the proposed setback reduction.
10. The area within the sefback reducfion being requested is not needed to preserve
areas of special recreational, historical, archaeological, scenic or scienti�c inferest.
Response: The area within the proposed setback reduction is not classified as being of
special recreational, historical, archaeological or scienti�;�c interest.
Considering the above responses, the applicant respectFully requests approval of Activity
Envelope Option B: 50' Setback for this property.
, ' ��
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