HomeMy WebLinkAboutbocc packet 04102013 Stein Historic DesignationMEMORANDUM
TO: Board of County Commissioners
Regular Meet- — April 10, 2013
C#
THRU: Cindy Hou n, nunity Development Director
FROM:
RE:
Suzanne Wolff, Senior Planner
Stein Designation to Historic Register and Request for Historic Incentive, Activity
Envelope Review
SUMMARY: The Applicant is requesting to designate the existing cabin to the Historic Register, and as
an incentive for the designation, to reduce the riparian area/wetland setback in order to establish an
Activity Envelope. The Applicant proposes to deed restrict the cabin as a caretaker dwelling unit and to
count the floor area towards the allowable 5,750 square feet.
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.
BACKGROIMIDIEXISTING CONDITIONS: The parcel is improved with a log cabin that contains
approximately l 1,184 uare feet (as calculated by the Pitkin County Assessor) and is estimated to have been
ply ysquare
built in 1947.
The Board of County Commissioners ("BOCC") }') granted 1041 hazard review and caretaker dwelling unit
approval, pursuant ursuant 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
BOCCsubsequently granted uentl an extension of vested rights, pursuant to Resolution No. 077-2000; the vested
rights expired in 2003.
The Applicant requested approval of an Activity Envelope to accommodate a new residence on the parcel,
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which is located at the confluence of the Roaring Fork River and Snownriass Creek and is constrained by the
100' setbacks from both waterways. The historic cabin is outside of the setback, and there is an area outside of the 100setbacks where development could occur, but the Applicant asserted that the development: (1)
would be highly visible from Highway 82, (2) would be within the 100' setback from the highway, and (3)
would result in the demolition of the historic cabin. The Applicant requested a reduction in the setbacks.
The CommunityDevelopmentapproved
Director a roved an Activity Envelope that complied with the 100' setbacks,
finding that th
ere is an area outside of the 100' setbacks that can be used for development, and, therefore, that
permittedby
a reduction was not the Code (Administrative Decision No. 5 5 -2012 ). The Applicant appealed
the Decision ision to the BOCC. The BOCC denied the appeal, but directed staff' to prepare a code amendment to
allow a reduction of the riparian area/wetland setback in order to preserve an historic resource. The BOCC
approved Ordinance 003-2012 on March 13, 2013, which amends the code.
000001 61 a i 1
STAFF COMMENTS:
DESIGNATION TO HISTORIC REGISTER AND GRANT OF INCENTIVES (LUC See. 7-20-
100);
DESIGNATION TO HISTORIC REGISTER: The Applicant proposes to designate the existing cabin to the
Historic Register. The cabin was built in 1947. 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.
INCENTIVES: The Code provides various incentives for properties designated to the Historic Register, to
be granted at the discretion of the BOCC. The Applicant has requested that the BOCC grant a reduction
of the riparian area/wetland setback in order to preserve the cabin and establish an Activity Envelope within
which to construct the additional residence, The Applicant is proposing to count the floor area of the historic
cabin towards the 5,750 square feet that is allowed on the parcel; therefore, the additional residence would be
limited to approximately 4,550 square feet (exact total would be verified based on the actual floor area of the
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existing cabin).
The incentive for a reduced riparian area/wetland setback was added to the Code by Ordinance No. 003-
2013 as Sec. 7-2 0-1 OQ( (3) , which provides the following standards:
The riparian area/wetland setbacks established in Sec. 7-20-80 a) () may be reduced in order to
effectuate the preservation of an historic resource, when there is no other reasonably appropriate area
outside o the setback to accommodate additional development. To be eligible for this incentive}
the
.
applicant shall demonstrate as part of an Activity Envelope application for proposed development that
the reduction in the setback will not result in water quality degradation, stream bank erosion and/or a
reduction in the quality of riparian or wetland habitat, pursuant to the following criteria:
Response: t The Applicant has proposed to reduce the setback from 100' to 5 0' , which will allow the
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cabin to be preserved and accommodate a developable area to the north and east of the cabin where new
development can occur. This area is also less visible from the highway. The Applicant asserts that the
reduction of the setback will not result in water quality degradation, stream bank erosion or a reduction in
the quality of riparian or wetland habitat, as demonstrated below.
I. Slopes within the setback reduction requested are less than thirty (30) percent.
Response: No slopes in excess of 30% are included within the proposed Activity Envelope.
2. Highly erodible soils or unstable stream bank conditions are not present within the setback reduction
requested or will be unaffected by the proposed activity or development within the setback reduction
requested
Response: The area to be included within the Activity Envelope is above the stream bank and does not
contain highly erodible soils or exhibit unstable stream bank conditions.
3, The proposed ose,
ro propertydoes not present a special hazard to water quality or wetlands (e.g.,
d use o� to
storage or handling of hazardous or toxic materials).
Response: The proposed single family residence does not present a special hazard to water quality or
Resla p p g
wetlands. The on -site wastewater disposal system will be moved away from the river to an upland
location that is more than 100' from the high water mark, which will provide a benefit to water quality.
000002
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4. The setback shall not be reduced such that it encroaches into the one hundred (100) year or
intermediate regional flood zone as defined in Sec. 7- 0-40(a). Development shall not impede the one
hundred (100) year flood flow.
Response: The reduced setback does not encroach into the mapped 100 year floodplain.
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 aquatic environments and
protection riparian do not exist, or will be unaffected by the proposed activity or development within
the setback reduction requested.
Response: The area to be included within the Activity Envelope 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. The area to be included within the Activity Envelope has been altered by human
activity for manyyears and does not contain the kinds of natural features described. The area outside of
the Activity Envelope contains these natural features that will be preserved.
6. Habitat plant, lant, animal, or other wildlife species listed as threatened or endangered by the United States Fish and l ildlife Service does not exist within the setback reduction requested.
7, Habitat for plant, animal, or other wildlife species listed by the State o. f Colorado as rare, threatened,
or endangered, species of special concern, or species of undetermined status does not exist within the
setback reduction requested.
Response: Staff is not aware of any habitat for such federally or state listed plant or animal species that
exists on the property.
8. The area within the setback reduction requested is not needed to prevent or minimize flood damage by
preserving storm and flood water storage capacity.
Response: No development will occur within the 100 year floodplain.
9. The area within the setback reduction requested is not needed to protect f fish spawning, breeding,
nursery and feeding grounds.
Response: No such areas would be affected by the proposed setback reduction.
W W. The area within the setback reduction requested is not needed to preserve areas of special
recreational, historical, archeological, scenic, or scientific interest.
Response: The area within the setback reduction has not been identified as an area of special
recreational, historical, archaeological or scientific interest.
11. The applicant shall agree to enhancement of riparian vegetation as a condition of the activity
envelope designation and shall demonstrate compliance with said condition during the Site Plan Review
process. The riparianvegetation enhancement that is accomplished shall be proportional to the extent of
the existing riparian
habitat degradation on the site. A construction management plan and drainage and
erosion control plan will be required to insure that there will be no deleterious effects on existing
riparian vegetation,
Response: The Applicant agrees to enhance on -site riparian vegetation. A plan will be submitted at Site
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Plan review for the additional residence.
In addition, Sec. 7-20-110(0(4) of the Code states,
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The granting of any of the optional incentives is not a matter of right but is at the sole discretion of the
Board of County Commissioners based on the Board's assessment of the merits of the proposed project,
its ability to advance the Count 's preservation goals, and its demonstration of exemplary historic
preservation practices. Any benefits that are awarded by the Board of County Commissioners will be
subject to recordation of a covenant in a forma acceptable to the County Attorney and the Historic
Preservation Officer, to ensure that anticipated historic preservation benefits accrue to the County and
are maintained over time, To be granted an optional incentive, the applicant must demonstrate that:
(a) The design of the project meets all applicable historic preservation design guidelines and is in
conformance with the Pitkin County Comprehensive Plan; and
Response: The use of incentives to encourage historic preservation conforms with the goals of the
Comprehensive Plan. Additional development on the property will be subject to review for conformance
with the oun ' s Preservation Handbook for Historic Properties. The Historic Preservation Officer will
review and comment on the Site Plan Review application for the additional residence and the subsequent
building permit application.
(b) The benefits provided are proportional to the significance of the historic resource; and
Response: The historic cabin is visible to the public from Highway 82. Staff believes that the
I
Applicant's request for a reduction in the ripartriparianarealwet and setback to 50' is reasonable and is
proportional to the significance of the historic resource. Ms, Reid finds that the house has a high level of
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integrity. As noted above, the Applicant proposes to deed restrict the cabin as a caretaker dwelling unit,
and to count the floor area of the cabin towards the 5,750 square feet of allowable floor area.
(c) The historic building remains a key element of the property and the new development does not
compromise the visual integrity of the historic property; and
(d)
The new construction is reflective of the proportional patterns forma in the historic building's former,
building t
materials and openings, or the work removes later alterations and restores the historic b g o its
appearance during its period of significance; and
Response: The historic house will remain a key element of the property. New development will be
reviewed by the Historic Preservation Officer to ensure that it does not compromise the visual integrity of
the historic cabin. Ms. Reid has not identified any inappropriate alterations and has not recommended
any specific restoration.
(e) The project is compatible with the character of the neighborhood in which it is located, and
Response: The historic cabin and its rustic architecture relate to the nearby Snowmass Cottages.
(fi Historic outbuildings, site and landscape features are retained and stabilized and restored as
appropriate.
Response: The historic cabin is the only historic resource on the property; there are no historic
outbuildings, site or landscape features on the site.
ACTIVITY ENVELOPE REVIEW (LUC Sec. 7-10-5O : Request for an Activity Envelope must comply
with the provisions and policies of Chapter 7,
SITE PREPARATION AND GRADING (LUC Sec. 7-20-10):
■ Grading: All grading and fill placement will occur within the Activity Envelope.
4
• Clearing, rubbin and Vegetation Removal: All clearing} grubbing and vegetation removal will occur
within the Activity Envelope,
• Tree Removal and Mitigation: Trees with 6" or larger DBH that are removed within the Activity
Envelope roust be replaced with total DBH at least equal to the DBH removed.
• Protection of Natural Terrain: Care shall be used to protect the natural terrain and other natural features
of the landscape within the Activity Envelope.
STEEP AND POTENTIALLY UNSTABLE SLOPES (LUC Sec. 7-20-20): The proposed Activity Envelope does
not contain any slopes in excess of 30%.
WATER COURSES AND DRAINAGE (LUC Sec. 7-20-30): The Applicant commits to adhere to all of the
Codeprovisions pertainingto water courses and drainage, sediment and erosion control, irrigation and
gr
oundwater, and to demonstrate compliance at the time of site plan review and/or building permit
application, as applicable.
FLoODPLAIN (LUC Sec. 7-20-40): No development is proposed within the 100 year floodplain of the
Roaring Fork River or Snowmass Creek,
WILDFIRE (LUC Sec. 7-20-60): The wildfire hazard on the property is rated as low, and the Applicant will
comply with the applicable wildfire mitigation measures. The project will be required to meet all of the
� codes
and requirements of the Basalt and Rural Fire Protection District, which will be specified at Site Plan
Review.
WILDLIFE (LUC Sec. 7-20-70): The property is not within any mapped wildlife habitat areas. The
Applicant will comply with the applicable standards to mitigate impacts on wildlife.
RIVER AND STREAM CORRIDORS AND WETLANDS (LUC Sec. 7-20-80): As discussed above, the Applicant
is requesting a reduction in the setback from 100' to 50' as an incentive for preservation of the historic cabin.
The ela
envelope will be 10-14' above the river and creek in an area that has been disturbed by more than 60
yearsoccupancy o f cu anc on the property and does not include any riparian or wetland vegetation.
�1(ETAKR
DWELL G .UNIT: The Applicant has proposed to deed restrict the historic cabin as a
caretaker dwelling unit. The BOCC granted approval for a caretaker dwelling unit in 1997.
That
approval is carried forward in this Resolution with the current CDU requirements from Sec. 6-30-40(c).
contains approximately 1,200 square feet, as calculated by the Assessor. It is possible that it
The cabin pp �'
exceeds 1,000
net livable square feet as defined in the Land Use Code, which is the maximum allowed for
a
caretaker dwellingunit. Since the cabin is historic, staff supports approving a larger size for the
caretaker unit, with all of the floor area to be counted towards the 5,750 square feet allowed on the parcel.
Deed restriction fiction of the existing cabin complies with the Special Review criteria in the Code, as follows:
• Deed restri
ction of the cabin is consistent with the goal of the Down Valley Comprehensive Plan is to
"Provide safe, affordable housing in a variety of types and styles for all residents."
• The caretaker dwelling unit will be clustered with the new residence.
• Some nearby properties are developed with more than one dwelling.
■
There are adequate facilities and services for the residence and caretaker dwelling unit. The Applicant
will be required to la
demonstrate at buildingpermit application for the additional residence that the well is
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permitted to serve more than one dwelling. The residence and caretaker dwelling unit will utilize the
existing driveway off` of the highway.
• The visual impact of the new residence will be addressed through Site Plan Review.
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RECOMMENDATION: Staff recommends that the BOCC approve the Stein Designation to the
Historic Register, Historic Incentive, Activity Envelope, subject to the attached Resolution.
ATTACHMENTS:
A. Historic Preservation Officer
B. Aerial Photo
C. Applicant's Request
D. Activity Envelope Plan
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO DESIGNATING A CABIN ON THE GERALD S. STEIN PROPERTY TO THE
HISTORIC REGISTER, AND GRANTING APPROVAL OF AN HISTORIC PRESERVATION
INCENTIVE AND AN ACTIVITY ENVELOPE
Resolution No. -2013
RECITALS
1. Gerald S. Stein
("Applicant") has applied to the Board of County Commissioners of Fitkin County,
Colorado "BO" requesting to designate the existing cabin to the Historic Register, and as an
incentive for the designation, to reduce the riparian area/wetland setback in order to establish an
Activi
ty Envelope to accommodate an additional residence. The Applicant proposes to deed restrict the cabin as a caretaker dwelling unit and to count the floor area towards the allowable 5,750 square
feet.
2. The parcel is located at 26625 Highway 82, and is more specifically described in Exhibit A.
3. Thep
parcel contains 0,896 acres and is a non -conforming size parcel in the AR-10 zone district. The
parcel contains a cabin built in 1947.
4. The Board
of CountyCommissioners ("BOCC") granted 1041 hazard review and caretaker dwelling
unitapproval, pursuant a l 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 201 from the high water line of Snowmass Creek. The 1041 hazard review site plan was
not recor
ded, The BOCC subsequently granted an extension of vested rights, pursuant to Resolution No.
077-2000; the vested rights expired in 2003.
considered the proposed application at a duly noticed public hearing on April 10, 2013.
� . The BOCCp p p
6. The
BOCC finds that the cabin meets the criteria in the Land Use Code ("Code") for designation to
the Historic Register, as documented by the Historic Preservation Officer.
further finds that approving a reduction in the setback from the Roaring Fork River and
7. The BOCC pFr
Snowmass Creek from 100'to 50'as an incentive for the designation of the cabin to the Historic
Register is appropriate, based on the following:
A. The building significant si nificant as it is an excellent example of the Rustic Style and is representative
of the Tourist theme in the valley.
partially visible from the highway, and the proximity to the road is characteristic of
B. The cabin is pa y g
the Tourist theme,
C. The cabin retains a high level of integrity.
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8. The BOCC further finds that the request to reduce the riparian area/wetland setback from the Roaring
Fork River arid Snowmass Creek from 1 Wo ` to 50' in order to establish an Activity Envelope to
accommodate the cabi
n and a new residence complies with the criteria in Sec. 7-20-100( (3) f) of
Uu0007
Resolution Na -2013
Page
the Code and that the reduction in the setback will not result in water quality degradation, stream
bank erosion and/or a reduction in the quality of riparian or wetland habitat.
further finds that the proposed Activity Envelope complies with the applicable provisions of
�. The BOCC 1� �
the Pitkin County Land Use Code, including:
A. The Activity Envelope avoids slopes in excess of 30%.
B. The Activity Envelope avoids the 100 year f loodp lain of the Roaring Fork River and Snowmass
Creek.
C. The wildfire hazard is low and can be mitigated.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby designates the cabin on
to the Historic Register and grants approval of an incentive for the designation and an
the Stein property g
subject to the following conditions, which shall run with the land and be binding on all
Activity Envelope� g
successors in interest:
1. The Applicant shall adhere to all material representations made in the application or in public meetings
P
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2. This Resolution shall replace and supercede BOCC Resolution Nos. 97-46 and 077-2000.
3. Prior to su
bmission of a Site Plan Review application, the Applicant shall be required to submit the
following documents to Community Development for recordation:
A. The Activity Envelope Plan. The above referenced approvals shall be a condition precedent to
finalization and recordation.
B. A Covenant Agreement in a form acceptable to the County Attorney in which the Applicant
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agrees to reserve and maintain the historic cabin in accordance with the Pitkin County
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Preservation Handbook. The Covenant shall be reviewed and approved by the Historic
Preservation Officer and the Community Development Director.
4, Prior to sub
mission of anybuildingpermit applications for the additional residence, the Applicant
shall be required
' to submit for approval an application for Site Plan Review, pursuant to Secs. 2-3 0-
20 and 7-10-50 of the Code. With the Site Plan Review application, in addition to all other
applicable provisions of the Code, the Applicant shall:
A. Demonstrate compliance with the Pitkin County Preservation Handbook for Historic Properties.
B. Demonstrate that a new on -site wastewater treatment system can be constructed within the
Activity Envelope to accommodate both dwellings.
5 The parcel is limited to a maximum of 5,750 square feet of floor area exempt from growth management.
The floor area of the historic cabin shall count towards the allowable floor area.
6,building permitapp
lication the a lication for the additional residence, the Applicant shall:
A. Provide proof of an adequatesupply terms of quantity and availability) for domestic and
water Pp y
protection purposes for two dwellings, and for irrigation purposes, if applicable.
fire F
B. Submit an On -Site Wastewater Treatment System construction permit to Environmental Health.
UOU008
Resolution No -2013
Page 3
C. Submit a drainage and erosion control plan for review and approval by Planning/Zoning. All
historic and natural drainage patterns shall be maintained. Stormwater shall be detained onsite and
allow infiltration of runoff prior to discharge.
ID. Submit a construction management plan for review and approval by Planning/Zoning.
E. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
F, Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes, The plan shall
specify the native seed mix to be used, the rate at which it will be applied and the method of
cover.
G. Submit a tree mitigation plan for the removal of any trees larger than 6 inch DBH,
H. Submit a detailed landscaping plan.
1. Submit a detailed exterior lighting plan,
7, Prior to issuance of the building permit application for residence, the Applicant shall pay the
applicable road and employee housing impact fees.
8. Prior to issuance of a Certificate of Occupancy for the additional residence, the Applicant shall obtain
and the Housing Office shall record a caretaker dwelling unit deed restriction for the cabin, Actual
floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The caretaker
dwelling unit shall be limited to the existing floor area of the cabin. The net livable square footage of
the cabin may exceed 1,000 square feet.
9. The kitchen in the caretaker dwelling unit shall contain a minimum of a two burner stove with at least a
5 cubic foot oven that can bake and broil, sink of at least 14"W 16"D X 5.25"H, and at least a 5.3
cubic foot refrigerator and 0.73 cubic foot freezer. The Applicant shall provide two off-street parking
spaces for the caretaker unit. The caretaker dwelling unit must have separately accessible utilities; this
does not preclude shared utilities. The Housing Office may inspect the unit for compliance with these
conditions of approval prior to recordation ofthe deed restriction.
10, The Applicant shall comply with all of the codes and requirements of the Basalt and Rural Fire
Protection District,
comply
11. The Applicant shallwith the following landscaping and wildfire defensible space mitigation
standards:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limita owner's ability to comply with this section, shall incorporate landscaping
property
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 ofthe fuels a
minimum of a 30 foot perimeter around the structure.
3) Spacing between clumps ls of brush and vegetation within the 30 foot perimeters shall be a minimum of two times the height of the fuel. Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
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Resolution No. -2013
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 within the 30 foot perimeters shall have a minimum of 10 feet between
the edges of the crowns.
6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet
of the chimneys shall be removed.
7) The density of fuels within a 100 foot perimeter of the structures shall be reduced.
8) All deadfall up to a 100 foot perimeter shall be removed.
9) No new conifer trees shall be planted within 10 feet of a residence.
10) No flammable mulches shall be placed within two feet of a residence.
11) The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
C. Roofing Materials: Roofs shall be constructed with a Class A roof covering or a Class A assembly
as defined in the building code. Wood shake/shingle roof coverings are prohibited. Roofs with
less than a 3:12 pitch are not permitted unless they comply with the following:
1 All roof coverings shall be constructed of non-combustible materials and installed on a Class
A roof assembly.
Al!2) roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3)
All roof designs shall fac i l itate the natural process of clearing debris. Protrusions above the
roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the approved building code and shall have a minimum
slope of 1:48.
5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
D. Additional wildfire mitigation standards:
1 Vents shall be screened with corrosive 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 all litter, stash, and flammable debris.
4) All flammable materials and firewood/wood piles shalt be stored on a parallel contour a
minimum of 15 feet away from any structure.
5) Swimming pools or ponds shall be accessible to Fire Department vehicles,
6) Fences shall be kept clear of brush and debris.
7) Wood fences shall not connect to the structure.
8) Fuel tanks shah be installed underground with an approved container.
9) Propane tanks shall be installed according to NFPA 48 standards and on a contour away from
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the structure with standard defensible space vegetation mitigation around any above -ground
tank. Any wood enclosure around the tank shall be constructed with materials approved for 2
hour fire -resistive construction on the exterior side of the walls,
10)
Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed
in a visible and accessible location*
11) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
1 New utility lines shall be buried within the driveway.
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Resolution No. -2013
Page 5
12. The Applicant shall comply with the following conditions regarding wildlife:
A. Manipulation of vegetation outside of the activity envelope is prohibited, except as necessary to
comply with the wildfire hazard mitigation measures.
B. Landscaping shall not include nut, berry or fruit producing trees or shrubs to minimize an
attractant to bears.
C. Trash/garbage shall be kept in an approved bear resistant container or enclosure as required by
the County's Wildlife Protection Ordinance.
D. Contractors shall be prohibited from bringing their dogs on -site.
E. All outside doors shall utilize only solid round handled door knobs unless another type is required
by the applicable building code for disabled accessibility purposes.
F. 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. All seed feeders shall
include a seed catchment pan to catch discarded seeds. Bird feeders should be removed from April
through November.
G. Fencing shall be limited to the Activity Envelope.
13. No development shall occur outside of the approved activity envelope, with the exception of
vegetation removal necessary to comply with the wildfire mitigation measures described above.
14. No development in excess of 30" above or below natural grade shall occur within the setbacks of the
pa
rcel, with the exception of driveways and associated retaining walls of up to 6' above or below
natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the
most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board of
Adjustment.
Approval of an activity envelope within such setbacks does not assure approval of a
variance.
15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake
the corners of the activity envelope and install construction fencing around the construction site
within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a
Certificate of Occupancy.
16. Areas disturbed by construction shall be re -vegetated within one growing season of the project's
completion.
17. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements
have been conducted. These requirements will be considered at the time of building permit. Any
structures represented in the application may not be permitted under building and zoning regulations.
18. Failure to comply with the conditions of this approval may result in revocation of this approval, or
any subsequent uent permit(s) or approval(s) related to this property, or vested rights associated with this
property .
19. 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
, 2016.
uuO011
Resolution No. -2013
Page 6
NOTICE OF PUBLIC
HEARINGpublished in the Aspen Times Weekly on the 7(h day of March, 2013.
APPROVED AND ADOPTED on the 10th day of April, 2013.
PUBLISHED D AFTER ADOPTION in the Aspen Times Weekly on the day of , 2013.
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
B
-
George Newman, Chairman
Jeanette Jones, Clerk to the BOCC
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben
Community Development Director
Case P052-12; PID #246727200016
uu0012
John Ely
County Attorney
MEMORANDUM
To: Suzanne Wolff, Planner Pitkin County Community Development Department
From: Suzannah Reid
Pitkin County Historic Preservation Officer
Gerald S Stein MD RevocablTrust Historic Designation
(PID 2467-27�
Re: 2 -
pq-q16; Case
Date: 10114112___________________________________--__—=—__-T—===
Trust requesting designation of a 1947 caerbinWto the Pitkin
County
The Gerald SteinHighway 82 and
Register. Theeparcel
at the corner of Hrg Y
contains a single log and stone cabin that was built in 1947 • stone chimney a
cgable roof, a
rectangular plan, a side of the Rey and Style.
The one garageory logo cabin has are. The is an excellent example
walkout on the east side. The building
To be included Registerproperty the the ro erty must be found to demonstrate a higher level
of significance. significance nific ance . That s i nific ance can be demonstrated by use of the following criteria:
I. Importance of the historic theme to which the resource is related to the
County's history.
Tourism is an important historic theme in the valley. Beginning in the
early 0t century as the US population became more mobile, touring the
n ain west became a popular leisure activity. Rustic architecture is one of the
mountain FF
moststylesrepresenting common re re senting the Tourism theme. The image of the log cabin
mountains was a powerful part of the American psyche at that time as it is
in the
today. Travellers wanted a genuine western experience; that took a form that
to 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.
der ofother historicproperties that this resource represents and howit
2. The ��
is exemplary.
There are several examples of the Rustic tourist era cabins in the valley.
F Just across Lower River Road, a group of cabins from the same period has been
designated nated 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 pl
an 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 integrity of location, setting, design, materials,
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 alterati
ons 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, and 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, whichg
were the on i nal pioneer cabins that originated the association
between
the
west and the logcabin, and the modern interpretation of the log
cabin. Whileglog the image of the cabin has been wildly expanded over the last
50 years, this Rustic is style cabin is marks the beginning of the 20th century version
of the style.
000014
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 community 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.
nia
8. If associated with a notable individual, how the property illustrates their
contribution to the county, 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.
ent example of
Rustic
The cabin is recognizable as a product f its time ad an the St nn Cabin tothePitici nCountyeRegist r
style. I support the application todesignate
finding that the criteria for designation has been met.
UUUui5
ALAN RI N AN PLANNING SERVICES, INC
P.O. BOX 3613
ASPEN, COLORADO 81612
970-920-112
March 18, 2013
Ms. Suzanne Wolff, Senior Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO 81611
RE: STEIN DESIGNATION TO HISTORIC REGISTER AND ACTIVITY ENVELOPE
REVIEW
Dear Suzanne,
1 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 ID#
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 2012. The staff approved the activity envelope pursuant to
Administrative Decision 55- 01 . However, one of the conditions of the approval,
applying a 100' riparian setback to the envelope, was unacceptable to the applicant and
so he submitted an appeal to the Board of County Commissioners. That appeal was
heard by the Board and was denied on October 24, 2012. However, at that time the
Board directed the staff and the applicant to work together to formulate a Code
amendment which would create an optional historic incentive for properties on the
County's Historic Register to have a reduced riparian setback. That amendment was
recommended for approval by the Planning and Zoning Commission on February 5,
2013, and was adopted by the Board on second reading on March 13, 2013.
Now that the Code amendment is in place, the applicant respectfully requests that the
Board take the following actions with regard to the Stein property:
1. Designate the existing cabin to the County's Historic Register; and
2. Grant approval to the activity envelope which was presented in the original land
use application and which is identified as "Option B: 50' setback" (copy attached).
pp Approval of the reduced setback is the only historic preservation incentive that
the applicant is requesting for the preservation of the cabin
UUuU17
Ms. Suzanne Wolff
March 18, 2013
Page Two
Following are the applicant's responses to the newly adopted standards for reduction of
the riparian setback:
0 Reduced Riparian Area/Wetland Setback
The riparian area/wetland setbacks established in Sec. 7- 0-8O(a) (2) may be reduced
in order to effectuate the preservation of an historic resource, when there is no other
reasonably appropriate area outside of the setback to accommodate additional
development. To be eligible for this incentive, the applicant shall demonstrate as part of
an Activity Envelope application for proposed development that the reduction in the
setback will not result in water quality degradation, stream bank erosion and/or a
reduction in the quality of riparian or wetland habitat, pursuant to the following criteria:
Response: The activity envelope application the applicant originally submitted and the
appeal letter that the applicant subsequently filed both demonstrated that if the activity
envelope must abide by the 100' riparian setback from Snowmass Creek and the
Roaring Fork River, then the only buildable area on the site would be where the cabin is
located. Reducing the setback to 50' (as shown on the attached "Option B" drawing)
creates a developable alternative to the cabin site, providing the means by which the
cabin can be preserved. The responses below demonstrate that the requested setback
reduction will not result in water quality degradation, stream bank erosion and/or a
reduction in the quality of riparian or wetland habitat.
1. slopes within the setback reduction requested 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. None of these areas is
proposed to be included within the reduced riparian setback.
2. Highly erodible soils or unstable stream bank conditions are not present within the
setback reduction requested or will be unaffected by the proposed activity or
development within the setback reduction requested.
Response: The area of the reduced setback is well above the stream bank and does
not contain highly erodible soils or exhibit unstable stream bank conditions.
3. The proposed use of the property does not present a special hazard to water quality
or wetlands (e.g., storage or handling of hazardous or toxic materials).
UUUO18
Ms. Suzanne Wolff
March 18, 2013
Page Three
Response: The proposed single family residence does not represent a special hazard to
water quality or wetlands. The on -site sewage disposal system, which is currently located
below the house and too close to the River, will 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 setback shall not be reduced such that it encroaches into the one hundred (100)
year or intermediate regional flood zone as defined in Sec. 7-20-40(a) . Development
shall not impede the one hundred (100) year flood flow.
Response: The reduced setback does not encroach into the mapped 100 year floodplain.
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 aquatic environments and riparian area protection do not exist, or will
be unaffected by the proposed activity or development within the setback reduction
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 1 above the elevation
of Snowmass Creek. This portion of the property has been altered by human occupancy
for more than 60 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.
6. Habitat for plant, animal, or other wildlife species listed as threatened or endangered
by the United States Fish and Wildlife ell/ice does not exist within the setback
reduction 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 listed by the State of Colorado as
rare, threatened, or endangered, species of special concern, or species of
undetermined status does not exist within the setback reduction requested.
p
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 setback reduction requested is not needed to prevent or
minimize flood damage by presenting storm and flood water storage capacity.
UuLJOi9
Ms. Suzanne Wolff
March 18, 2013
Page Four
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 within the setback reduction requested is not needed to protect fish
spawning, breeding, nursery and feeding grounds.
Response: No such areas would be affected by the proposed setback reduction.
10. The area within the setback reduction requested is not needed to preserve areas of
special recreational, historical, archeological, scenic, or scientific interest.
Response: The area within the proposed setback reduction is not classified as being of
special recreational, historical, archaeological or scientific interest.
I I . The applicant shall agree to enhancement of riparian vegetation as a condition of
the activity envelope designation and shall demonstrate compliance with said condition
during the Site Ran Review process. The riparian vegetation enhancement that is
accomplished shall be proportional to the extent of the existing riparian habitat
de rada tion on the site. A construction uction management plan and drainage and erosion
control plan will be required to insure that there will be no deleterious effects on existing
riparian vegetation.
Response: The applicant agrees to enhance on -site riparian vegetation. A landscape
plan will be submitted at the time of site plan review that demonstrates how on -site
vegetation riparian will be enhanced in proportion to the extent of the on -site riparian
p
habitat degradation that has previously occurred on the site.
Conclusion
The applicant has demonstrated compliance with the newly adopted Code standards.
believe you have all of the materials you need to process this request, but please let
me know if there is anything else that I can provide to you. Thank you for all your help
along the long and winding road to a successful conclusion of this application process!
Very truly yours,
ALAN RICHMAN PLANNING SERVICES, INC.
At,... a.:1.4)
Alan Richman, AICP
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