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HomeMy WebLinkAboutpitkin.boa.12.11DOCUMENT 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 (I 1x17) PARCE v 273!ftFNF CVD: 9/4/2012 # COPIES : F CASE NO BOAl2.11 CASE N Facils anagement Group LLC Front Yard Setback Variance PLNR: Joanna Schaffner y PROJ ADDR: 98 Mtn Laurel Ct CASE TYP: Front Yard Setback Variance STEP $ 1 Cost Mane ti ADR 408 S 12th St Ste #30 CIS/Z: Omaha. NE 68102 �'ADR: 406 S 12th St Ste #30 C /S /Z: Omaha, NE 68102 IFEES RCVD: $648 #00032796 REF:r —�� BYI JS DUE: � —� MTG DATE REV BODY PH NOTICED ~ _ 0 9/0 412 01 2 boa yes r8/23/122 DATE OF FINAL ACTION: REMARKS BOA #11 - 2012 #592800 i bs n N RESOLUTION OF THE PITKIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A FRONT YARD SETBACK VARIANCE FOR LOT 78, BLOCK 2, MOUNTAIN VALLEY SUBDIVISION Resolution No. 11 -2012 WHEREAS, Facilities Cost Management Group, LLC, owner of 98 Mountain Laurel Ct, is requesting approval of a 7 foot Front Yard setback variance where 30 feet is required for this 16,798 square foot lot in the R -15 -A zone district, for the re- construction of a single family residence; and WHEREAS, the property is described as Lot 78, Block 2, Mountain Valley Subdivision; and WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by virtue of Section 2- 10 -30(d) of the Pitkin County Land Use Code; and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been shown by the applicant. 2. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that a 7' Front Yard Setback variance be granted for the residence shown on Exhibits A and B due to downzoning and topographic hardships. WARNING: Any violation of the terns of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: September 4, 2012 ATTEST: lZ oa nna S. c ffner, Date Rick ea , Date itkin County Zoning Officer Co- Chair, Board of Adjustme Parcel ID4 273717307046 RECEPTION #: 592800,10/0312012 at 10:27:36 AM, 1 of 3, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO 000001 0� y3 !.| ! , ;| |, K�| � . o }\ .\ z, �• � 000002 a �� ' ■ iZ! � \ �y � ! r [ ■ ' §�q I | L §$ )\ \\ � f2 i t \� -I a«( L §$ )\ \\ � f2 i TO IMP- 7.v — Tat�t. 1111 _—. I R; a,ly Sw � MINUTES Pitkin County Board of Adjustment September 4, 2012 Member Present: Rick Head, Co -chair Jamie Brewster- McLeod, Co -Chair Patrick McAllister Jim Rifkin Seth Hmielowski Members Absent: Bob Throm Staff Present: Joanna S. Schaffner, Zoning Officer and Acting Secretary These minutes are written based on notes taken at the meeting. There is no tape recording of this meeting. Head opened the meeting at 5:30 pm. NEW BUSINESS: 09 -2012 Pitcher, Davey Lot E, Smuggler Grove Subdivision AKA 67 Ardmore Court, Aspen The applicant, and his representative, Tom Newland, were present in this request for a 7 foot side yard setback variance where 20 feet is required on this 1.106 acre parcel in the R -15 zone district. The Affidavit of Posting was submitted. Neighbors Evan and Flossie Gull, and Bob Wade were present to comment on this application. Newland showed the Board a survey with existing conditions, and explained that an Activity Envelope has been approved based on slope, the salvation ditch location and an aspen grove. He then showed the Board a map of "buildable area" which included areas within required setbacks. He suggested that an area of poor drainage to the west moves the house to its proposed location. The proposed location has good solar gain and does not impact the USFS. The variance requested is for a small triangle between two side yard lot lines. The hardship is the irregular shape of the lot and its steep slopes. Finally, Newland showed the Board floor plans of the house proposed for the site. Neighbor, Evan Gull stated that the neighbors were being asked to support a variance for a structure that was unlikely to ever be built. The proposed structure is too massive for the neighborhood. The applicant proposes an 11,418 sq ft house. He argued that the need for a setback is prompted by the applicant desire to maximize development. Head commented that the Board was present to rule on the setback issue, not on FAR. Neighbor Bob Wade lives next door and stated that would benefit from this development scheme the most in that the house is pushed back away from his house. He stated that all the neighbors 000004 1, 0 0 Ir- agree with Evan Gull, but they don't want to oppose what can be done legally. Flossie Gull asked why new houses can't be more like old houses, not needing a variance. Newland stated that they can build this house to the maximum size without a variance. Rifkin moved to approve the application due to topographic hardships and unusual shape of lot. He said he saw no detriment to the neighbors as the encroachment is towards the USFS. Motion failed for lack of a second. Brewster - McLeod explained that since Newland admitted that he could build without a variance, she moved to deny the application. Hmielowski moved to second the motion. McAllister asked if the encroachment could be reduced. Newland said yes. Head agreed that the encroachment should be reduced. Brewster- McLeod withdrew her motion and moved to table the application to the October 2, 2012 meeting. Hmielowski seconded the motion and the vote passed 5 -0. Schaffner indicated to the Board that the representative for the Kahn application has requested that the application be tabled until the October 2 meeting. She suggested that since architect Bill Poss was present for this application, the Board table the application at this time, so that Mr. Poss may leave the meeting. The Board agreed. 012 -12 Kahn, Sharon 308 South Seventh Street, Aspen Brewster - McLeod moved to table the application until the October 2 meeting. Hmielowski seconded the motion and the vote passed 5 -0. 10 -2012 Brush Creek Landowner's Association Medicine Bow and Juniper Hill Roads Kevin McClure was present to represent the Brush Creek Landowner's Association in their request for variances for improvements to be located on Lot 9, Block 2, Filing 1, and Lot 2, Block 1, Filing 2, Brush Creek Village Subdivision. The applicant's are requesting a 0 foot setback to replace a trash enclosure and to construct a mail shelter in the AR -10 zone district. Also requesting setback variances from the 30 foot Front Yard and 20 foot Right -of -Way Setbacks for the placement of an identification sign. The Affidavit of Posting wag submitted. There were no members of the public present to comment on this application. McClure explained that the Brush Creek Landowner's Association wishes to replace existing trash and mailbox enclosures located on Juniper Hill Road. The trash enclosure received a variance from the Board of Adjustment in 1988. It does not appear that a permit was ever issued for the mailbox enclosure. The trash enclosure will be replaced with a structure which is one foot (1') taller than the existing, and the mailbox enclosure will be replaced with a structure which will be shorter than the existing. 000005 McClure showed the Board photos of the existing structures, their location on the Brush Creek Village plat, and provided letters of support from the property owner. The Applicant is also requesting approval for an identification sign to be located adjacent to Medicine Bow Road. McClure presented photos of the Snowmass Club sign, indicating how the proposed sign will also be letters on a rock that will say `Brush Creek Village ". The sign proposed for Juniper Hill Road will be located within the County Right -of -Way, and is not subject to the Board's review. However, the survey McClure presented at the meeting indicated the proposed location to be in a platted 30 foot easement. The Board did not wish to approve the sign within this easement and asked that the applicant find out more about the limitations of the easement. Head asked if anyone has objected to this request. Schaffner stated that one neighbor had called, but had issues not under the Board's purview. The neighbor had no issues with the sign location. Rifkin moved to approve the variances for the mailbox and trash enclosure, seeing no detriment in the public's interest, and little modification to previously approved variances. He also moved to table the request for the sign until the October 2 meeting. Hmielowski seconded the motion and the vote passed 5 -0. 11 -2012 Facilities Cost Management Group, LLC 98 Mountain Laurel Court Lot 78, Block 2, Mountain Valley Subdivision The Applicant's representative, Alan Richman was present to request a 7 foot Front Yard Setback Variance where 30 feet is required on this 16,798 sq ft lot in the R -1 5 -A zone district, for the redevelopment of a single - family residence. The Affidavit of Posting was submitted. Neighbors, Kandi Shaffran and Mountain Valley Homeowner's Association representative, Richard Haberman were present to comment on this application. The applicant wishes to redevelop the existing multi - level, single - family residence, into a handicapped accessible residence. Richman began by showing the Board a site plan and explaining the existing conditions. Steep slopes at the back of the lot and a gully make keeping the new residence in the same location as the existing house the best solution for the site. The existing residence lies three feet (3') within the front yard setback, and the applicant wishes to retain this encroachment for the new residence. This equals approximately 113 sq ft of residence. The view of the house from the street will be filtered by existing trees. Richman said he believes that the determination of Front Yard has changed since the original house was constructed which is why the existing house now encroaches into the setback. Schaffner concurred. He also claimed unusual shape of the property and topography as hardships. The Community Development Department received two letters from neighbors, one in support of the application, and one with objections. The objections have since been retracted. Kandi Shaffran was present seeking clarification of the application. Richard Haberman, representing the 000006 N - A* - _ t Mountain Valley Homeowner's Association, was present and asked how the determination of Front Yard was made. Schaffner explained. Rifkin moved to approve the application due to topographic hardships. Brewster- McLeod seconded the motion and added that she thought that the hardship was not topographic, but rather, downzoning. Rifkin added downzoning to the motion, and the vote passed 5 -0. ADMINISTRATIVE DECISION: Ostrover 05 -2012 Irving, LLC 1375 Red Mountain Road Schaffner explained to the Board, that although the Land Use Code has not formalized this process, it has been her practice to bring to the Board minor changes proposed for plans previously approved by the Board. The Board may decide whether the change is minor enough to warrant approval, or whether or not a new application with public notice should be made. Shannon Murphy was present representing the Applicant to request minor esthetic changes to the gate approved in Board of Adjustment resolution 05 -2012. She showed the Board renderings of the proposed gate and the approved gate. The Board reviewed the new request and the previous approval. McAllister moved to approve the changes due to having no negative impacts and there being no material change to the gate. Hmielowski seconded the motion and the vote passed 4 -0, with Rifkin abstaining because he wasn't present for the original hearing. MINUTES: Rifkin moved to approve all July minutes. Brewster - McLeod seconded the motion. The vote passed 3 -0, with McAllister and Rifkin abstaining. Hmielowski moved to adjourn the meeting at 6:50pm. All were in favor. Respectfully Submitted, 7 Joanna S. Schaffner 'A, Date Zoning Staff ®0OU07 Approv ! �7 Ric Head, Co -Chair Date Board of Adjustment 4 County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITIQN COUNTY LAND USE CODE SECTION 2 -20 -100 I, MA V ,e W. Ka"6 o ,being or representing an Applicant to the Pitlan County Development Permit, 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 7 days prior to the public hearing to all owners of property within 300 feet of the subject property, as indicated on the attached list on the J day of &4ust 204, (which is tj days prior to the public hearing date of The names and addresses of the properties within 300 feet of the subject site shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 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 _ 161 day of t 204.;which is at least fifteen (15) days prior to the public hearing. A photograph ofign is attached hereto. MarlaW- Kambo, Mauro Qay t'dr, for nnnnn4 ignature igned before me this 24- day of u v`?t , 4Z by WW"I"IN11-1711", UP 's Signature GENER NOTARY-State .. 16 PUBLIC NOTICE RE: Front Yard Setback Variance for Lot 78, Block 2, Mountain Valley Subdivision AKA 98 Mountain Laurel Court, Aspen (Case 11 -2012) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 4, 2012, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by Facilities Cost Management Group, LLC, 406 South 12 Street, Suite 300, Omaha, NE 68102, requesting a 7 foot Front Yard setback variance where 30 feet is required on this 16,798 square foot lot in the R -15 -A zone district for a renovation of the existing single - family residence. The State Parcel Identification Number for this property is 2737 - 173 -07 -046. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920 -5105. Pitkin County Board of Adjustment Published in The Aspen Times on August 23, 2012 Pitkin County Account No. 002.02 000010 ASPEN MUSIC FESTIVAL & SCHOOL BOLTON GARRETT R & DIANA D BRISCOE PEGGY LUKE 2 MUSIC SCHOOL RD TRUSTEEES 0114 MOUNTAIN LAUREL DR ASPEN, CO 81611 2375 BROADWAY ASPEN, CO 81611 SAN FRANCISCO, CA 94115 CALLAHAN PATRICIA 0184 MOUNTAIN LAUREL DR ASPEN, CO 81611 GORSUCH PAMELA L 0073 MOUNTAIN LAUREL CT ASPEN, CO 81611 HERSHEY DOUGLAS W TRSTE BATEMAN J BRONWYN TRSTE 1864 JEFFREY LN CARMICHAEL, CA 95608 MOUNTAIN VALLEY LLC 1482 E VALLEY RD #703 SANTA BARBARA, CA 93108 RAYMOND MILTON L & HARRIET RAND TRUSTEES 602 N FOOTHILL RD BEVERLY HILLS, CA 90210 000011 COLVER CHARLES P & ANNE D 855 MOUNTAIN LAUREL DR ASPEN, CO 81611 HABERMAN VERA H TRUST 0094 MOUNTAIN LAUREL CT ASPEN, CO 81611 JACOBS RODNEY H 44895 HIGHWAY 82 ASPEN, CO 81611 -2373 NORWOOD EDWARD C & ANN A 1505 NORTH BLVD HOUSTON, TX 77006 FORD VIRGINIA 130 MOUNTAIN LAUREL DR ASPEN, CO 816112332 HARRIS DONALD C 178 MOUNTAIN LAUREL DR ASPEN, CO 816112332 KENT KAREN F POLSKY TRSTE 106 MOUNTAIN LAUREL CT ASPEN, CO 816112371 OGRADY JANET 37 MOUNTAIN LAUREL DR ASPEN. 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Comments: CG �� T � Application material) was referred to: zoning Officer: 000023 FACILITIES COST August 3, 2012 MANAGEMENT GROUP LLC SUMMARY LETTER OF REQUEST FOR 405 South 121h Street Selte 310 FOR MINOR SETBACK VARIANCE BY BOARD OF ADJUSTMENT Omaha • N e h r a s k e • 68202 402.346.3130 Fax 402.346.3530 PID# 273717307046 E M E N E E N N E Location: 98 Mountain Laurel Court, Block 2, Lot 78, Mountain Valley Subdivision Owner: Facilities Cost Management Group, LLC 406 South 1e Street, Omaha, NE 68102 Representative: Merle W. Rambo, Managing Partner, 402 -681 -3223, MWRambo @aol.com Zoning: R -15A Planner: Mike Kraemer, 970- 920 -5482 OVERVIEW: Owner is requesting a minor setback variance to accommodate renovation of an existing legal structure completed a number of years ago at a time when the subject west property line setback may have been considered a side yard (with the actual street access at the cul de sac then likely having been considered the only front yard setback basis). The limited area of approx. 113 square feet of variance will accommodate retention of this portion of the house and allow overhanging structure above the west facing windows anticipated to be added as a part of major renovations to preserve the existing structure concurrent with minor additions to the house. The ground level footprint is intended to remain essentially the same as it now beneath the existing structure which sits above grade on columns. The variance request is not for the entire west property line. It is for a small trapezoidal subject area is approx. 24.2 feet in length and averages only 4.68 feet in depth. This represents an average change on the entire length of the west property line of only about one foot, or only about 3% of the setback area on this side, and no additional variances are needed to complete the project. HARDSHIP: At the time the current legal, permitted addition was constructed a number of years ago, steep slope conditions existed limiting available areas for additions. These unusual topographic conditions remain unchanged in the area of the limited setback variance consideration being requested. An aitemative remedy is not readily available due to these site conditions (please see the overview above). ADDITIONAL DATA: Previous Land Use Approvals may not be applicable. An Activity Envelope and Site Plan Review has recently been processed by the County (which is detailed more specifically by this request). Submission has been made to the Mountain Valley HOA (by email to Richard Haberman) of applicable portions of this submittal and additional data required by the HOA regarding the project. Thank you very much for your ongoing assistance with this project. Facilities Cost Management Gro ,LLC lua Merle W. Rambo, Managing Partner 000024 MILTON RAYMOND August 30, 2012 Ms. Joanna Schaffner Pitkin County Planning and Zoning Third Floor 130 South Galena Street Aspen, CO 81611 �°itki n CoUn sfP o ty Cq,�m� ?Ofp Oft t Re: Support for planned renovations at 98 Mt. Laurel Court, Aspen, CO Dear Ms. Schaffner, I am aware that the owner at 98 Mt. Laurel Court is proposing to remodel and add to their house. They have been kind enough to show us their building and site plans. We support their efforts and the minor setback variation they are asking for. The area where the corner of the house exists at the setback is adjacent to my drive easement, but will not negatively impact my property. I have owned my house at 97 Mt. Laurel Court since 1979, and am in favor of our neighbor's efforts to improve their property. I hope that their request will be approved. Warmest regards, Milton Raymond 000025 6 L 9440 Santa Monica Blvd., Suite 707 • Beverly Hills, CA 90210 • Tel. (310) 858-0248 • Fax (310) 858-0932 Page 1 of 3 Joanna Schaffner From: Rodney Jacobs [rodney @fwf.com] Sent: Tuesday, September 04, 2012 1 51 PM Ithh To: Joanna Schaffner O sF t' PO4 o ntty Subject: RE: Zoning Variance Application - 98 Mountain Lauren Court, Aspen c�M 4201 Hi Joanna, Please distribute this email to the Commissioners, the owner's rep and whomever else you deem appropriate. Dear County Commissioners and others, In fairness, the following is a follow up to my letter of complaint regarding 98 Mountain Laurel Court, Aspen, whose trash appeared in our dumpster and recently in our unlocked recycling bin. The owner, Merle Rambo, has emailed me and left me a phone message. While, of course, part of his motivation is to not have any opposition to his request for a variance on his setback easement, nonetheless his messages to me are sincere. Further, his housekeeper went to my property and apologized to the tenant who discovered the trash scattered over the street by bears. My tenant told me, even with a bit of a language barrier, this young housekeeper convinced him she was most sincere in thinking that our dumpster served several of the homes in the cul -de -sac. It is only fair since I sent a notice of complaint and concern that I should also report his follow through. While I would have been more satisfied had he offered to reimburse a garbage pick -up fee to the two individuals at my property who had to spend their time picking up wet messy garbage (and perhaps he will still offer after seeing this) I feel it is incumbent upon me and my attempt at being a good neighbor to advise you of this action and retract my complaint. Thank you for your consideration. Regards, Rodney H. Jacobs Freewheelin' Films, Ltd. New Visions Syndication Inc Echo Radio Productions 44895 Hwy 82 Aspen CO 81611 (970)925 -2640 (970)925- 9369 -F www fwf.com www newvisionssyndication com OU0026 From: Joanna Schaffner [ mailto:J oanna.Schaffner @co.pitkin.co.us] Sent: Monday, August 27, 2012 1:26 PM To: Rodney Jacobs Cc: Joanna Schaffner Subject: RE: Zoning Variance Application - 98 Mountain Lauren Court, Aspen Dear Mr Jacobs, Thank you for your comments. The Board of Adjustment will be meeting on September 4, and packet material is being distributed to the members this week, so your comments will be shared with all in advance of the meeting as you have 9/4/2012 Page 2 of 3 requested. Since the trash / bear issue is not within the purview of this Board, I will assume that the others being cc: will address this issue Thank you again, Joanna S. Schaffner County Zoning Officer 130 South Galena Street Aspen, CO 81611 (970) 920 -5105 From: Rodney Jacobs [mailto•rodney@fwf.coml Sent: Monday, August 27, 2012 1:02 PM To: Joanna Schaffner Cc: Jeff Lumsden; Carrington Brown; Brian Harris Subject: Zoning Variance Application - 98 Mountain Lauren Court, Aspen Hello Joanna, I am writing at this time to make a formal claim against allowing a zoning variance at 98 Mountain Laurel Court as the owners wish (according to the notice) to be given special permission to build into the setback. All of us who own property in Mountain Valley for a considerable number of years have all had to comply with this zoning setback and I think these owners should not be allowed a variance and the opportunity of not having to abide by the longstanding zoning laws. I am against giving these property owners the opportunity to break the rules. Further, it puts a portion of a building almost right on the street which is contrary to the reasoning behind zoning setbacks as put in place by Pitkin County. On another but I think related issue, I have owned the property located at 41 Mountain Laurel Court for 43 years. Throughout many of those years we have had a lot of bear activity in and around our trash containers. This summer, of course, has been one of the worst years for bear activity. We have been most diligent about having a lock on our trash dumpster and for extra security our dumpster is chained to a tree with two chains to hopefully keep it in place and not have it pushed into the road by hungry bears. On a few occasions the bears have managed to disengage the dumpster from the tree and knock it over. Unfortunately, these same neighbors living at 98 Mountain Laurel Court had their trash deposited on our property by dropping it into our recycle container which, of course, is not locked. In my opinion, these neighbors have behaved on more than one occasion in an unethical and even illegal fashion by depositing their trash on our property and thus participating in a "theft of service" violation. Specifically last Friday the tenant living at my property discovered in the early morning that the trash from our neighbors living at 98 Mountain Laurel Court had been placed in our recycling bin. Our dumpster, as mentioned above, is very secure and has a combination lock for the people living on the property to use. So when the neighbors with this trash could not get into our locked dumpster they placed the garbage in the recycling bin and, of course, the bears arrived and made an incredible mess across the entire street and then it rained causing more of a mess. Knowing that the recycling bin was, of course, not locked and then going ahead and depositing trash in it is unconscionable. My tenant, Brian Harris, at my suggestion and at the suggestion of Carrington Brown, the Pitkin County Code Enforcement Officer, recommended calling the Sheriff and making a report. Sheriff Jeff Lumsden very nicely came to the property, observed the mess and the names on the mail in the trash and was most helpful. He went to the residence and tried to contact them but it appeared they were not at home. He told me he will follow up and that there is, in fact, a crime called "theft of service." In summary, since this has happened now on two or three occasions it appears to me that these people are not good neighbors and they have no regard for the trash ordinances or homeowner policies in place in Mountain Valley and should not be extended the extra courtesy of being able to alter zoning and /or setback requirements for their personal gain. U00027 9/4/2012 Page 3 of 3 As the setback hearing is scheduled for tomorrow evening, August 28, 1 would appreciate this email being shared with the other commissions prior to the hearing. Thank you for your consideration. Rodney H. Jacobs Freewheelin' Films, Ltd. New Visions Syndication Inc. Echo Radio Productions 44895 Hwy. 82 Aspen CO 81611 (970)925 -2640 (970)925- 9369 -F www.fwf com www newvisionssyndicahon.com Email secured by Check Point No virus found in this message. Checked by AVG - Nvww.avgcom Version: 10.0.1424 / Virus Database: 2437/5227 - Release Date: 08/27/12 Email secured by Check Point 000028 9/4/2012 ADMINISTRATIVE DECISION OF THE PTTKIN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE FACILITIES COST MANAGEMENT GROUP LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW Administrative Decision No. -2012 RECITALS Facilities Cost Management Group LLC (hereafter referred to as "Applicant') has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") for Activity Envelope and Site Plan Review for demolition of an existing garage and construction of a new garage and various additions to the existing residence. 1. The Lot is located at 98 Mountain laurel Court and is legally described in Block 2, Lot 78 of the BOCC approved Mountain Valley Subdivision. 2. The Lot is approximately 16,980 square feet, is in the R -15A Zone District, and is conforming in size. PID #: 273717307046 3. No previous land use approvals apply to the parcel. According to the Certificate of Occupancy, the existing residence was constructed in 1979. 4. A portion of the additions will increase the height of the existing residence within the front yard setback for the Lot. The Applicant has subsequently applied for a variance with the Board of Adjustment for this increase in height within the setback. 5. The application was referred to the Mountain Valley HOA and the Aspen Fire Protection District. 6. The Lot is not mapped within elk and deer big game ranges. The existing house and subsequent garage additions will not obstruct a ridgeline from Hwy 82, a designated scenic condor. The existing Lot does contain slopes > 30 %, however, development has not been proposed on these slopes. 7. Public notice was published in the Aspen Times on June 70 2012. An affidavit of public notice was mailed on June 5ffi, 2012. No objections were received during the 30 day comment period. 8. The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope and Site Plan Review. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. 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 Page 1 of 5 000029 Permit review. Structures represented in the application might not be permitted under building and zoning regulations. 3. Prior to submission c submit for approval Activity Envelope in Section 2.1.12. The a recordation. 4. The addition shall 5. At building permit ap a. Submit a dra b. Submit a cc showing the parking. c. Pay the appl any future building permit applications, the Applicant shall be required to the County Attorney and Community Development a Site Plan with an ,cordance with Land Use Code Section 2- 30 -20(g) and Application Manual )ve referenced approvals shall be a condition precedent to finalization and earth -tone colors and non - reflective roofing. on, the Applicant shall: and erosion control plan for review and approval by Planning/Zoning. ,tion management plan for review and approval by Planning/Zoning ions of staging, material storage and employee and construction traffic road impact fees. 6. The Lot is exempt from Growth Management for floor area up to 5,750 square feet. The Applicant is currently engaged in a Land Use Code Amendment to exempt certain types of floor area for handicap accessibility. This condition acknowledges that if the Code Amendments are successful, the Applicant may build out this exempt floor area. The Applicants shall adhere to the following low wildfire standards. A. Defensible Space The area arorm I all buildings /structures, limited by property boundaries that may limit a property owner's ability to comply with this section, but shall incorporate landscaping with wildfire defensible space considerations as follows: 1. Brush, dc bris and non - ornamental vegetation shall be removed within a minimum ten -foot (110) perimeter around all structures. 2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at al minimum of a thirty (30) foot perimeter around a structure built on flat ground. 3. Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter' shall be a minimum of two (2) times the height of the fuel. Maximum diameter �f the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 4. All branches from trees and brush within the thirty (30) foot perimeter shall be pruned tol a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. 5. Tree crov�n separation within the thirty (30) foot perimeters shall have a minimum of ten (10�i feet between the edges of the crowns, except for mature stands of aspen trees where ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed.\ 000030 I Page 2 of 6. All branches that extend over the roof eaves shall be trimmed and all branches within fifteen (15) feet of chimneys shall be removed. 7. 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. 8. All deadfall up to a one hundred (100) foot perimeter shall be removed. 9. No new conifer trees shall be planted within ten (10) feet of a residence. 10. No flammable mulches shall be placed within two (2) feet of a residence. 11. The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. ROOFING MATERIALS, ROOFING VENTS AND PROJECTIONS AT AND BELOW ROOF LINE 1. Roof Materials a. Class A covering or Class A Assembly as defined by the currently adopted building code. b. No wood shakes or shingles. C. All Hazard Areas Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: a. All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. b. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c. Protrusions above the rooline, such as parapets, shall he prohibited. d. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. Page 3 of 5 UUUU31 D. MAINTENANCE'IAND MISCELLANEOUS REQUIREMENTS 1. Roofs and'i gutters shall be kept clear of debris. 2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one- fourth (' /a)Iinch maximum. 3. Yards shall be kept clear of all litter, slash and flammable debris. 4. All flamm able materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 7. Swimming pools and ponds shall be accessible by the local fire district. 8. Fences shall be kept clear of brush and debris. 9. Wood fengIes shall not connect to other structures. 10. Fuel tanks'Phall be installed underground with an approved container. 11. Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards don a contour away from the structure with standard defensible space vegetation itigation around any aboveground tank. Any wood enclosure around the tank shall a constructed with materials approved for two (2) hour fire- resistive construcfioIp on the exterior side of the walls. 12. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 13. Addresses 'shall be clearly marked with two (2) inch non - combustible letters and shall be visible aft the primary point of access from the public or common access road and installed or4 a non - combustible post. 14. The Applicants shall comply with the Aspen Fire Protection District Code. 8. The Applicant shall comply with the following general conditions regarding wildlife: A. B. Dogs shall be kenneled. Mesh or woven wire fences are prohibited. C. Wood rail Fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two ( ?) rails. D. Wire fencing must be three (3) strands or less. The top wire shall be a twelve- point- five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle! strands (which may be barbed) shall be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand shall be sixteen (16) inches from the ground. E. Fruit bearing trees and shrubs shall be prohibited . This does not include pre - existing land native trees shrubs. F. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and use at all times by contractors on site. G. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seed. H. Pet food shall not be left outside. 000032 Page 4 of 5 I All outside doors on the new garage and additions shall utilized solid round handled door knobs. Contractors shall not bring dogs on site during construction. No development shall occur outside the approved activity envelope with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 10. 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. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. All areas disturbed by construction shall be re- vegetated with native shrubs and grasses within one growing season of the project's completion. 12. 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 September , 2015. 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. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the _ day of , 2012. APPROVED by the Director, this day of 12012. Cindy Houben, Community Development Director PID# 273717307046 P050 -12 Page 5 of 5 000033 Q 0 VICINITY MAP LOT 78, MOUNTAIN VALLEY SUBDIVISION, FILING NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED MAY 28, 1969 IN PLAT BOOK 17 AT PAGE 47 AND THE AMENDED PLAT OF SUBDIVISION EAST BOUNDARY RECORDED JULY 15, 1985 IN PLAT BOOK 17 AT PAGE 47. COUNTY OF PITKIN STATE OF COLORADO PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 000034 PHONE /FAX (970) 925 -3816 DATE JOB 04/15 8318D 96 Momtaih Laumt Covr*. PIDIF: 2'4371430 -+046 0 0 0 0 c,3 cn �v to MOUA►'j'Al IT d y —T ..w AM v T� N m �U)� - � I mZ N \ • v m ❑11 N wa i 1 V m 1 s V • P (. 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Y" I G I x _ y i sq °'��� g dlii'f�l Z! h'• '�f , ! )`\ P• Id O � D m O o � r m y O � N �n O m m � o S � � A m 2 N y m � n c.+ O � N C U n V O r- I i i I i I i i i I I i L_ I � f Vj I I I I I I I I I � a m S 3 m rn o � N � I I I I I I I I I 0 0 i i --- ' - - - -- o-0 u 'm I I I L J PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct Aspen, CO Lower Level Floor Plan - D 1 b a = O A 3 � H v 0 N p O �o y� a 0 0 0 i i --- ' - - - -- o-0 u 'm I I I L J PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct Aspen, CO Lower Level Floor Plan - D 1 b a m n � r m I I Cm � � m O m � � N m a v r O m Z 0 N O O N �O� 0 O w � N a II �om S N y a Ql CL, A N � j W r r J n 7 J N O r— I I I I I I I I I I I I I L— I i I I i I I I J < I IL —� MIN � \ av a L 0 y I I I a I I yam I m I I I i I I i I I I J < I IL —� MIN � \ av a L 0 y I a rA*] 5 m N -n m a v r O m Z 3 n N O O N w 0 I i I I i I I I J < I IL —� MIN � \ av a L 0 y I u u u II II II II I I 9 a� J I I I I � i I PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct. Aspen, CO Main Level Floor Plan - D 1 b Lim • • O A o �^ r O �NJ Z 3 n 8 A A O N 0 O � O � N a O a u u u II II II II I I 9 a� J I I I I � i I PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct. Aspen, CO Main Level Floor Plan - D 1 b Lim • • Ll N O F J A s n m o� = A r A m Q j N m O W- N 7 � y e /C) V n � W �o ° x OD y r A W � � N C N � j W r J n 00 V Ll N O F J PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct. Aspen, CO Upper Level Floor Plan - D 1 b 0 A s m o� m m o m W- N Q e w PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct. Aspen, CO Upper Level Floor Plan - D 1 b 0 o� e �o 0 PITKIN COUNTY RESIDENCE 98 Mountain Laurel Ct. Aspen, CO Upper Level Floor Plan - D 1 b 0 PUBLIC NOTICE RE: Front Yard Setback Variance for Lot 78, Block 2, Mountain Valley Subdivision AKA 98 Mountain Laurel Court, Aspen (Case 11 -2012) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, September 4 , 2012, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Board of Adjustment, to consider an application submitted by Facilities Cost Management Group, LLC, 406 South 12 Street, Suite 300, Omaha, NE 68102, requesting a 7 foot Front Yard setback variance where 30 feet is required on this 16,798 square foot lot in the R -15 -A zone district for a renovation of the existing single - family residence. The State Parcel Identification Number for this property is 2737 - 173 -07 -046. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920 -5105. Pitkin County Board of Adjustment Published in The Aspen Times on August 23, 2012 Pitkin County Account No. 002.02 000040 AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT September 4, 2012 NEW BUSINESS: 09 -2012 Pitcher, Davey Lot E, Smuggler Grove S/D AKA 67 Ardmore Court, Aspen This case was tabled from the last meeting. Applicant originally requested a 16 foot side yard setback variance, but the request has now been reduced to a 10 foot side yard setback variance where 20 feet is required on this 1.106 acre lot in the R -15 zone district to redevelop a single - family residence, due to a narrow, irregularly shaped lot, and topographic hardships. No land use application has been submitted to Community Development as of this date. 10 -2012 Brush Creek Landowner's Association Lot 9, Block 2, Filing 1, and Lot 2, Block 1, Filing 2 Brush Creek Village Subdivision Requesting a 0 foot Setback to replace a trash enclosure which is 1 foot taller than the existing, and to replace a mail shelter which was first constructed without a permit, on Lot 9, Block 2, Filing 1. The existing trash enclosure received a variance from the Board of Adjustment in 1988 due to a topographic hardships. Also requesting setback variances where 10 feet is required from a property lines and where 20 feet is required from any right -of -way, (LUC Section 7- 60- 50(a)(2)), for an identification sign proposed on Lot 2, Block 1, Filing 2 (Medicine Bow Rd). The identification sign proposed for the Juniper Hill Road side is located on the county right -of -way and is therefore not a part of this application and has been X'd out. The proposed improvements are exempt from Land Use Review. 11 -2012 Facilities Cost Management Lot 78, Block 2, Mountain Valley Subdivision AKA 98 Mountain Laurel Court, Aspen Requesting a 7 foot front yard setback variance where 30 feet is required on this 16,798 sq ft lot in the R -15 -A zone district, for the redevelopment of a single - family residence. The application is claiming a existing conditions and topographic hardships. An Administrative Determination is expected later this week, however the recording of a site plan has been postponed to reflect the decision made by the Board of Adjustment. Uou 12 -2012 Kahn, Sharon 308 South 7t" Street, Aspen Requesting rear yard setback variances to allow an existing accessory structure to remain 21 feet within the required 30 foot setback, and to permit an existing shed to remain 3 feet from the rear lot line. The lot contains .80 acres and is located in the R -15 zone district. The applicant is desirous of legitimizing existing improvements, one which was not built as permitted, and one which was never permitted, and is claiming topography, geology, irregularly shaped lot, and practical difficulties as hardships. ADMINISTRATIVE APPROVAL: 05 -2012 1375 Aspen LLC (Ostrover) 1375 Red Mountain Road, Aspen Lot 8A, Fox - Cunniffe Lot Line Adjustment Earlier this year the applicant received approval for the variances necessary to allow a proposed fence to extend to the existing rock driveway wall, but not to extend further south beyond the wall, due to topographic hardships and existing conditions. The applicant has a new gate design. If the Board feels that this application is in keeping with the variance granted, a permit will be issued for the new gate. Or would the Board like to see a new application with new noticing for this request? Your decision will only be reflected in the minutes for this meeting. The approved design and resolution, along with the gate currently proposed, is included in your packet. MINUTES: Minutes from the July 3, 2012 meeting. Minutes from the August 7, 2012 meeting. PLEASE CONTACT JOANNA at 920 -5105 or ioannasra)co.vitkin.co.us TO CONFIRM YOUR ATTENDANCE OoOO42 PITKIN COI(�TY COMMUNITY DEVELOP(;-NT Permit Receipt RECEIPT NUMBER 00032796 Name: FACILITIES COST MANAGEMENT GR Date:8/7/2012 Project Address: 98 MOUNTAIN LAUREL CT Type: check # 2436 Permit Number 0011.2012.PBOA �L�U�43 Fee Description PP- Board of Adjustment Fee Total: Amount 648.00 64800 IWO FOOT 411ON4 OU1f5 VIA fiXb 16" 8FIY(j I �[nfllll q AP ,A Af 4 ki I Ad') 1`;nq PIN, 0 1 04 Z LtR hII v �i c': x ii f. rm, ivi,cil, 1w NAP! W/IAI,�i 570"07 46'0 09 LEGEND yAllD lt,111017RS J.Y. CAP Am 4 QII 8'W 2 " „P8 �11,.l . 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