HomeMy WebLinkAboutBocc Packet 02122014 Edgington AppealMEMORANDUM
TO: Board of County Commissioners
Regular Meeting — February 12, 2014
THROUGH: Cindy Houben, Community Development Director
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FROM: Lance Clare, Assistant Director
RE: Edgington Appeal of Community Development Director Administrative Decision
No. 60-2013 Relating to Denial of a Caretaker Dwelling Unit
SUMMARY: The Appellant is appealing the Community Development Department's denial of
approval for a Caretaker Dwelling Unit (CDU) as part of an Activity Envelope/Site Plan Review.
This item was continued to this date from January 22, 2014.
APPELLANTS: Bryan Edgington
REPRESENTATIVE: Glenn Horn
LOCATION: 144 Horseshoe Drive, Lot 3, Double K Ranches, Emma
ZONING/LOT SIZE: The lot is zoned AR-10, contains 3.263 acres, and is non -conforming in
size.
APPEAL PROCEDURE: Sec. 2-20-180 of the Land Use Code provides that someone may
appeal a determination pursuant to the Code. The notice of appeal was submitted within 15
working days of the effective date of the administrative decision, so the notice of appeal was
timely.
Pursuant to Section 2-20-180(g), the criteria for considering an appeal are as follows:
An appeal is not a de novo consideration of the merits of the
development application that gave rise to the appeal. The appeal
body identified in Table 2-1 shall only reverse, modify, or remand
a decision on appeal if it finds that that there has been a clear and
demonstrable error, abuse of discretion, or denial of procedural
due process in the application of the facts in the record to the
standards of this Land Use Code
BACKGROUND: The Appellant is appealing the Determination of the Community
Development Director denying a Special Review request for a CDU. The CDU request in the
application was to "legitimize" an already existing accessory dwelling unit which was built
without permit by a previous owner.
Page 1 of 2
The current owner, Edgington, submitted for site plan review to facilitate improvements to the
property and to attempt to "legitimize" the non -permitted CDU. The Community Development
Director's determination approved the site plan but required the removal or relocation of the
CDU as it cannot be permitted due to its location within the required 100' stream side setback
from Sopris Creek.
RECOMMENDATION: Staff recommends that the BOCC deny the Edgington appeal as there
has been no demonstrable error, abuse of discretion, or denial of due process.
ATTACHMENTS:
lancecicases/appealbocememo edgington2.docx
Page 2 of 2
F
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, DENYING THE EDGINGTON APPEAL OF
ADMINISTRATIVE DETERMINATION NO. 60-2013 RELATED TO DENIAL OF A
CARETAKER DWELLING UNIT
BOCC Resolution No. -2014
RECITALS
1. Bryan Edgington (hereafter "Appellant") has appealed the Community Development Director's
determination denying the approval of an existing non -permitted Caretaker Dwelling Unit
(CDU).
2. The parcel is located at 144 Horseshoe Drive in Emma and is legally described as Lot 3 Double
K Ranches, PID#: 2465-132-01-005. The parcel is zoned AR-l0, is approximately 3.263 acres,
and is non -conforming in size.
3. The BOCC heard the appeal request at a public hearing on February 12, 2014, at which time,
evidence, and testimony were presented with respect to this appeal.
4. The BOCC finds the Community Development Director did not make a clear and demonstrable
error, or abuse its discretion, or deny due process.
NOW THEREFORE BE IT RESOLVED by the BOCC that it hereby denies the Appellants'
appeal.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ATTEST:
By
Robert A. lttner, Jr, Chair
Lyndee R. Dean
Clerk to the BOCC Date
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
PID#2465-132-01-005
Cindy 1-louben,
Community Development Director
Page I of I
PLANNING REAL ESTATE C•MUTING
January 13, 2013
Board of County Commissioners
536 East Main Street
Aspen, Colorado 81611
Re: Edgington Activity Envelope/Site Plan Review and Special Review for Caretaker
Dwelling Unit, 144 Horseshoe Drive, Lot 3 Double K Ranches ---Appeal of
Community Development Director Decision
Dear Board Members:
Bryan Edgington ("Applicant") is appealing the Community Development Director's
Administrative Decision approving an Activity Envelope/ Site Plan Review and denying a
Special Review for a Caretaker Dwelling Unit. The Applicant's request was denied because the
prior owner of the property developed an accessory dwelling unit without a permit in a structure
located inside the 100 foot Sopris Creek setback. The property is located at 144 Horseshoe
Drive, Lot 3 Double K Ranches. Attachment 1 is a vicinity map showing the location of the
property.
EXISTING CONDITIONS & BACKGROUND
The subject property is accessed via Horseshoe Drive which is located south of Emma Road. The
Lot is zoned AR-10 and contains 2.7+/- acres of land. Since the minimum lots size in the zone is
10 acres, the subject Lot is a substandard size lot. Attachment 2, the Improvement Survey Plat
depicts the Lot which is bordered by the Sopris Creek to the east, Lot 2 to the north, Horse Shoe
Drive to the west and Lot 4 to the south. The Lot is improved with a primary single family
residence, accessory house, large gravel driveway, two sheds, pond and fencing. The Pitkin
County Assessor's records indicate that the primary single family residence was built in 1968.
The Applicant contracted to acquire the subject property in the fall of 2011. Prior to closing on
the property, but after the end of the due diligence period, the Applicant met with the
Community Development Department staff to inquire about improvements which were needed to
the onsite waste water disposal system (OWS). During discussions with the County staff, the
Applicant and staff determined that existing system was sized to handle flows from the primary
single family dwelling unit and had not been designed to accommodate the accessory dwelling
unit on the property. Further research indicated that the prior owner failed to obtain a building
permit for the accessory dwelling unit. The Applicant would not have closed on the Lot if he had
known about this problem prior to the end of the contract due diligence period. He could not
afford to forfeit his down payment on the Lot.
The following list summarizes the chronology of events associated with this property.
1
ALI E DAVIS AICP S. GLENN HORN AIICIP
215 SOUTH I "NARCI°II SUITE 104 ASPEN, COLORADO 8161111 970/925-6587 ' FAX: 970/925-51 r0
adc,vfis@rof.nnet ghou'nn@rof.inet
1. Community Development Department records do not include a building permit for the
primary dwelling unit.
2. The Pitkin County Assessor's records show the primary house was built in 1968.
3. The Community Development Department files include a November 11, 1972 survey
prepared by Scarrow & Walker (see Attachment 3) shows the primary dwelling unit was
in existence on the date of the survey. Our experience has been that Pitkin County
records do not comprehensively include records of building permits between 1968 and
1972 for the Emma area. There is no record of a building permit being issued for the
primary dwelling unit.
4. The Community Development Department files include a July 12, 1983 survey prepared
by Mountain Engineering & Land Surveying Company (see Attachment 4) which shows
a 20.71' x 26.83' (555 +/- square foot) shed located in the same location as a portion of
the accessory dwelling unit. A comparison of Attachments 2 and 4 (1983 and 2012
surveys) indicates that at some point between 1983 and 2012 the shed was expanded and
converted to an accessory dwelling unit.
5. Attachment 5 is a copy of an April 14, 1997 from letter from the Double K Water
Association which was prepared for submission to Pitkin County to assist Double K
Subdivision property owners who wanted to apply for Caretaker Dwelling Units. Our
conversations with Carol Nemiec, Secretary Treasurer of the Double K Water
Association indicate that in 1997 the Association prepared a form letter and made it
available to subdivision property owners so they could apply for legal Caretaker
Dwelling Units.
6. A box of records found in the house included a May 10, 1997 letter from Jerry and Marta
llauner, prior owners of the Lot, seeking approval to convert a shed to a Caretaker
Dwelling Unit (see Attachment 6). There is no record of this letter in the Community
Development Department and we assume it was never submitted to the County.
7. A June 4, 2012 email from Cynthia Cohort to Glenn Horn indicates that Cindy moved in
to the accessory dwelling unit on the Lot on April 1, 2004 and lived in the dwelling until
she moved out on December 31, 2009 (see Attachment 7). Cindy worked full time during
this period for Greg Mozian and Associates and Susie's Consignments. Cindy told me in
a June 14, 2012 telephone conversation that she was the first person to live in this new
accessory dwelling unit and it was new when she moved in.
Attachment 2, the May 4, 2012 survey, shows the accessory dwelling unit is located 26
feet from the Sopris Creek high water mark. On July 5, 2006 Pitkin County adopted the
current Land Use Code which increased the minimum required setback from Sopris
Creek from 20 feet to 100 feet. The evidence shows the accessory dwelling unit
complied with the Land Use Code Creek setback requirement when it was constructed.
2
The adoption of the new Code in July of 2006 made the accessory dwelling unit a non-
conforming structure due to failure to comply with the Creek setback standard.
8. A May 22, 2012 email from Brenda McCartney to Glenn Horn indicates that Brenda
McCartney moved in to the accessory dwelling unit after Cindy moved out in December
of 2009 and has lived in the unit since then. Brenda works full time at her consignment
store in Basalt, Heirlooms (see Attachment 8).
The Applicant hired an Architect, Plumber, Electrician and Engineer to inspect the property.
Additionally, he inquired about obtaining water from the Double K Ranch Water Association.
The following section summarizes conclusions reached by these experts.
• Augie Reno, Architect, inspected the accessory dwelling unit and concluded that the
structure was built in accordance with Pitkin County Building Codes (see Attachment 9,
June 4, 2012 letter from August Reno, Architect to Glenn Horn Re: 144 Horseshoe
Drive).
• Dana Strong, Master Plumber, inspected the accessory dwelling unit and concluded that
all fixtures and fittings were operational and in good working order. All visible plumbing
meets Code requirements (see Attachment 10, Memo to Glenn Horn).
• Randy Hall of Y-Electric inspected the accessory dwelling unit and did not see any
outstanding problems with the electrical system at the residence. The electrical system is
based upon the 2002 Electrical Code and appeared to be in good working order (see
Attachment 11).
• Tim Petz of All Service Septic inspected the Onsite Waster System and conducted
percolation tests so he can design an expansion to the septic system to accommodate the
primary and accessory dwelling units. Tim is prepared to design the new system upon
approval from the County (see Attachment 12, January 24, 2012 letter from Tim Petz,
All Service Septic, to Bryan Edgington Re: 144 Horse Shoe Drive Subsurface
Investigation and Percolation Report).
• Carol Nemiec, Secretary Treasurer of the Double K Water Association has prepared a
letter which indicates the Association has the legal right and physical capability to
provide residential water service to the primary and accessory dwelling units (see
Attachment 13).
PROPOSED DEVELOPMENT
The Applicant sought approval for the existing, non -permitted accessory dwelling unit to become
a Caretaker Dwelling Unit (CDU) located in a non -conforming structure and Activity Envelope
and Site Plan Review approvals. Attachment 14 shows the proposed Edgington Activity
3
Envelope and Site Plan. The Applicant proposed creating an Activity Envelope which will
encompass the primary house, a new on site waste water disposal system and two existing sheds
which will be relocated outside of the Sopris Creek 100 foot setback. The proposed CDU would
be located in a non -conforming structure and a portion of the existing gravel driveway would be
the only improvements remaining within the Creek setback. The applicant proposed to reclaim
and revegetate the footprints of the two sheds and the majority of the existing gravel parking
area. Approximately 4,090 square feet of lot area would be reclaimed and restored as dryland
pasture.
Additionally, the Applicant proposed clearing the west side of the Sopris Creek stream bank of
debris and fallen trees and revegetation of the stream bank with native and riparian grasses.
KEY LAND USE CODE STANDARDS
The key Land Use Code standards affecting this property are addressed below.
Floodplain Hazards
Section 7-20-40
The existing structures located on the property are not within the floodplain hazard area.
River and Stream Corridors and Wetlands
Section 7-20-80
Two sheds, a gravel driveway and the accessory dwelling unit are located within the 100 foot
Sopris Creek setback. The Applicant committed to relocate two sheds and reclaim and
revegetate most of the gravel drive. Approximately 4,090 square feet of lot area would be
restored with native vegetation. A portion of the driveway as depicted on Attachment 14 would
remain. Additionally, the existing accessory dwelling unit would become a legal CDU located
in a non -conforming structure which is 26 feet from the high water mark of Sopris Creek. A 100
foot setback is required.
Landscaping and Vegetation Protection
Section 7-20-130
The Applicant agreed to comply with the landscape and vegetation protection measures
incorporated into this standard. Attachment 14, Activity Envelope and Site Plan, shows the
Applicant proposed to reclaim and revegetate the footprints of two sheds and the gravel parking
area in addition to planting riparian grasses along the Creek.
4
Roads, Driveways and Parking
Section 7-30
Refer to Attachment 2, which shows the existing driveway and parking areas and Attachment 14
which shows the proposed Site Plan. The Applicant proposed the reclamation and revegetation
of a significant portion of the existing gravel driveway which is located within the 100 foot
Creek setback.
Water Supply
Section 7-50-20
The Lot is served by the Double K Water Association. Carol Nemiec, Secretary Treasurer of the
Association, indicates in her June 14, 2012 letter that the Association has the capability to
provide residential water to the primary house and the proposed CDU (see Attachment 13).
Sewage Treatment and Collection
Section 7-50-30
The existing septic system needs to be upgraded. Tim Petz of All Service Septic has been on the
site and evaluated soils for the upgrading of the system. Tim indicated in a telephone
conversation that the existing system can be upgraded to serve the primary dwelling unit and the
CDU.
Non -Conforming Structures
Section 9-40
Lot 3 is a substandard size lot in the AR-10 zone and is entitled to be developed with a primary
single family residence by right and a CDU pursuant to Special Review. Attachment 2 shows
the existing accessory dwelling unit is located 26 feet from the Sopris Creek high water mark
when a 100 foot setback is required. The existing accessory dwelling unit was built in 2004 prior
to the adoption of the 100 foot Creek setback in July of 2006 (see Attachment 7). It is a non -
permitted, non -conforming structure because it is located within the Creek setback. When the
structure was built it complied with the Creek setback standard which was only 20 feet prior to
July of 2006.
Section 9-40-10 of the Code states that "a non -conforming structure devoted to a use permitted
in the zone district in which it is located may be continued in accordance with the provisions of
Chapter 9." The Applicant requested permission for the non -conforming structure to continue to
exist in the existing location subject to approval of the Special Review approval for a CDU,
successful Building Department inspections of the structure and upgrades to the septic system. .
SUMMARY
The Applicant acquired the Lot in the Fall of 2011 and sought approval for an existing accessory
dwelling unit as a CDU. The Community Development Director denied the request to legalize
5
the accessory dwelling unit because it is within a non -permitted structure which is located within
the 100 foot Sopris Creek setback. The Applicant is seeking relief from the Board of County
Commissioners. He will agree to full building and health safety inspections of the accessory
dwelling unit and make whatever improvements are required to insure the safety of anyone
occupying the dwelling. Additionally, the Applicant will deed restrict the dwelling unit as
Caretaker Dwelling Unit.
The following is a list of Attachments referenced in this land use application.
1. Vicinity Map
2. May 4, 2012 Improvement Survey Plat by Tuttle Surveying Services
3. November 11, 1972 Survey by Scarrow & Walker
4. July 12, 1983 Survey by Mountain Engineering & Land Surveying Company
5. April 14, 1997 form letter prepare by Double K Water Association
6. May 1997 Letter from Jerry and Marta Hauner, Request to build Caretaker Unit
7. June 4, 2012 email from Cynthia Kohart to Glenn Horn, Re: 144 Horseshoe Drive
8. May 22, 2012 email from Brenda McCartney to Glenn Horn Re: 144 Horseshoe Drive
9. June 4, 2012 letter from August Reno, Architect to Glenn Horn Re: 144 Horseshoe Drive
10. Memo to Glenn Horn from Dana Strong, Master Plumber, Topic: Caretaker Unit
11. Memo from Randy Hall of Y-Electric to Glenn Horn, Re: 144 Horseshoe Drive
12. January 24, 2012 letter from Tim Petz, All Service Septic, to Bryan Edgington Re: 144
Horse Shoe Drive Subsurface Investigation and Percolation Report
13. June 14, 2012 letter from Carol Nemiec, of the Double K Ranch Water Association to
Glenn Horn, Re: Legal Water Supply for Caretaker Dwelling Units
14. Edgington Activity Envelope and Site Plan
Thank you.
Sincerely,
DAVIS HORN INCORPORATED
AICP
6
ATTACHMENT 3
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nil s Ts to cart I fy that on the I I th day of Noveinbef- 1.91,27-there'- —
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was a StNf-rride wider frry7:S1713*FilTliao--9'. of Lot 3 I. p the'r07,41e K
Ranches Subdiv15I0nT74uity of.-Prfkiii,- State of Colcirado,-es---
shown orr-the.plat file0.,in the off ice Of 'tb-e,Q.10...k and Recorder
of Pi fkrnThounty, Colorado as Document No. lzr.3-:45;--- (-blind a ` 1
one story house ' of frameettilfStiiiCti&T. with wood - Siding, -C9ntfte - I
, _-,..- .
foudatfon and asphalt single i-oofto be locateg,w,ittlin the boundary i
lines of the lot as shown:':ori'thiS'plat : .--Trie loction and dimensions
of all buildings improVen-ti-, -easerbents and rights..-9f:A;iiS In i
are" atderr5fely shown. " ...:.... . . •
evidence -or- known_to me"and-enciichrlents by or *1-..,`n 4he 'premises
—
• : - ____________SCARPOW-XtitYrilr"-"'-' ' - - )
Robert D. ScarcoQ ''
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Keglstered Land S
ury
•OZ,IZMAMM.•&,
5 ALE laC5'
LOT 2
pump casEmEivr(z0'34.70)
.o9 ALVA"
770.3094"1
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AbWEA
AISLE
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SCALE
1 hereby certify that this improvement location certificate waz. prepared
for, l(54...vo 4458 ArEc.KLEY , that it is not a land survey plat or im-
provement survey pint, and that it is not to be relied upon or the
establishment of fence, building, or other future improvement tires,
1 further certify that the improvements on the above described parcel on
this date, 7-/Z.8.3 , except utility connections. arc entirely
within the boundaries of the parcel. except as shown, that lhory J° no
encroachments upon the lent rued pa CM. nes by Iroprovernynt5 on any aajoin-
/nu premises, except as indicated, and that there is no apparent el, idencc
or sign of any easement crossing or burdening any part of said parcel,
except as noted.
LEGAL DESCRIPTION
LOT 3, DOVEIL 51<" Awyck/E5,
cauN TY , cOLOR400
D. James ilcfrk P.L.S. WERTF----bato
RAT/c7/1/
N( According to Colorado law, you must commence any legal action based
upon any defect:in. this survey within six (6) years aftee-yoo discover such
defect. In no event way any.action*bpsed upon any.defect in this survey be
hereon..
commenced ..re than :ten (lc)) years from.the'date of.the certification shown
400 a. hylend squint, suit. 4.1
y14,114044 springs, co/arado11601
0402045
EVISIONS:
EPARED FOPI: OAAI
CO.
4 ANC ROSE
y
4, 1997
BASED ON ALL AVAILABLE INFORMATION, DOUBLE IC WATER
ASSOCIATION AND IT'S OFFICERS ARE AUTHORIZED TO REPRESENT TO
PITK N COUNTY THAT THE. ASSOCIATION HAS SUFFICIENT QUANTITY AND
QUALITY OF WA :+• FOR C UNITS AND ALL 0 sa•:. RESID
USES P ' ;ir BY THE BYLAWS AND APPLICABLE CODES ON EACH OF
THE 19 LOTS 12•1 i- SUBDIVISION, AND TO T SUCH S S AS MAY BE
REQ TO • H SUFFIC WA ALL 19 LOTS, ASSESSED
EQUALLY TO ITS '' ERS, INCLUDING E AL LAC - OF T 1E
WATER SYSTEM.
:4
From:
Jerry & Marta fauner
0144 Horseshoe Dr.
a ASALT,Co.,81621
Legal discription:
Lot 3 Double K Ranches. Pitkin County
Basalt 5/10/1997
Request for permit to build Caretaker unit
As show on our 1983 survey of property,attached, shed # 1
size 20.71 x 26.83 ,it was build same time as main house in 1983
or before, it was probably use as shop and maybe studio apartment
Shed has wood burning stove, electricity, electic heat,some
unfinfsed plumbing.
We would like to remodel shed and bring to up to coup requirement
Extension to present structure, 9 feet on west side will
enlarge caretaker unit to 700 s.f. living area.with.•2bdr.,1bath,
kitchen, living roomw/dining area.
Caretaker unit will need new septic, separate from house.
Porches around house need to be build new, North side house
porch can be use as 1 car carjort plus storage area.
There is plenty parking for more cars.
Present structure of roof is 2x12 16m o.c. rafters,
same will be on extension.
New survey is order from Dan Scarrow 945-8664.
We would like caretaker unit to provide employee housing for
our insulating company and also to have help with our house
and animals in case us traveling.
Sincere
Jerry 1 Marta HAUNER
ATTACHMENT "I
Glenn Horn
From: Cynthia Kohart [Iakehouse1900@gmail.com]
Sent: Monday, June 04, 2012 7:07 PM
To: ghorn@rof.net
Subject: 144 Horseshoe Drive
Glenn,
As soon as Marta and Jerry Hauner said the building that they were renovating was ready for occupancy I began
leasing April 1, 2004 and I lived there until December 31, 2009. I was their first tenant. The entire time I lived
at 144 Horseshoe Drive I worked for Greg Mozian and Associates, Inc. and Susie's Consignments.
Please let me know if you need any more details. I am happy to help.
-Cindy Kohart
ATTACHMENT
Glenn Horn
From: heirloomsresale@comcast.net
Sent: Tuesday, May 22, 2012 11:30 AM
To: ghorn@rof.net
Subject: 144 Horseshoe Dr. Basalt, CO 81621
Dear Glen
I currently live in the CDU unit at 144 Horseshoe Drive, Basalt, Colorado. It was purchased by Bryan
Edgington in December 2011. I have enjoyed living in this cottage house for the past 2 1/2 years.
It has served as a wonderful rental option with it's quiet location and short distance to Basalt where I
own a consignment store called Heirlooms. Prior to me living here my best friend and book-keeper,
Cindy Kohart lived on the property and in this same unit. One of the many reasons I love the cottage
house is its efficiency. It is well insulated, perfectly plumbed, well thought out on use of space,
everything works like a charm and it's my "HOME" . I have already created many memories and
hope to have many more in this home.
I have lived in Pitkin county for 30 years, raised two daughters in the Aspen school district and
operated Heirlooms for the past nine years in Basalt.
It has come to my attention that the cottage house is up for a review with the BOCC in Pitkin County
in regards to it's care -taker unit status. This rental situation has been a perfect place for me to reside
and I desire to remain a tenant as long as possible.
My new landlord Bryan Edgington has offered me a continuing leasehold as long as the cottage is
allowed to remain. He has already proven to be a thoughtful home -owner and has been concerned
about the impact of this situation on my life as well as his. If you have any further questions I can be
reached at heirloomsresale(a�comcast.net
Thank you
Brenda McCartney
ATTACHMENT 61 AUGUST
August Reno Architects, L.L.C.
Aspen, CO. and Carefree, AZ.
June 4, 2012
Mr. Glenn Horn
Davis Horn Inc.
215 South Monarch
Aspen, CO 81611
Sent via email: gbolffiltsd,llei
RE: 144 Horseshoe Drive,
Basalt, CO
Dear Glenn:
I visited the site twice, once in early December 2011 and once in January 2012. During
my visits I observed a number of things related to the construction of the existing 2
bedroom free standing unit at the East end of the property. I observed the unit, both
inside and out for structural, life -safety, insulation and electrical compliance. As I
understand, the structure was built in the early nineties.
The building is built upon a series of 12" diameter concrete piers that are 48" deep. The
owner of the property had a back -hoe out at the site in January, while I was present and
exposed one of the piers. There are 4 rows of piers in the North -South direction and 6 in
the East-West direction. There are 6"x12" water treated wood beams that span in the
North- South direction sitting on the concrete piers. The span for each of these is
approximately 6'. Sitting on top of the 6"x12"s are 2"x12"@16" O.C. with 3/4" exterior
grade plywood. These comply with the Pitkin County Building requirements.
The walls are constructed of 2"x6" wood studs at 16" O.C... There is a double 2"x6"
wood top plate and a single 2"x6" wood sill. The exterior of the wall is sheathed with3/4"
exterior grade plywood. The roof is constructed of 2"x8" wood top and bottom chords
with 2"x8" angled wood struts connected with TimCo steel gusset plates. These trusses
are at 24" O.C... The roof is sheathed with 3/4" exterior grade plywood. There is a
waterproof membrane with the finished roof above. The attic is vented at each end of the
gable walls. These comply with the Pitkin County Building requirements.
RENO
FAIA
11,11111,11,61y.1111'
AUGUST RENO
605 W, MAN STREET
No 002
ASPEN
C LORADO
970.925.5968
FACSIMILE
970.925„5993
EMAIL
au.gioa,),augustreno,COM
7202 E, CAVE CREEK RD..
UNIT 1A.
CAR.EFREE
A.R.IZONA.
480 .488 „ 9858
CELL 970,61.8.9352
FACSIMILE
480,636.1. 325
MA,II.,ING ADDRESS
7710 E. E,TVENING I„.
SCOTTS DA LE, A R. I ZON A
85266
The porch roof is constructed of 3 wood 6"x 6" water treated col s that sit on 12"
diameter concrete piers, 48" deep. There is a 6"x12" wood beam that spans the 6"x 6"s
with 2"x 10"s at 16" O.C. perpendicular that forms the porch roof. All connections are
with pre -manufactured TimCo steel connectors. This complies with the Pitkin County
Building requirements.
The floor is insulated with 12" of batt insulation with a vapor barrier. The walls are
insulated with 6" of batt insulation with a vapor barrier. The ceiling/roof has one layer of
12" bat insulation. This complies with the Pitkin County Energy requirements.
The 2 bedrooms meet building requirements for minimum size and the windows meet the
egress requirements for egress. All glass is 3/4" insulated glass. The window clear
openings are 33"w x 26" h. The window sills are 33" above the finished floor. This
complies with the Pitkin County Building requirements.
The living room has 2 operable windows with fixed windows above and a center fixed
window. There is also a 3'w x 6'-8" door located in the living room. All glass is 3/4"
insulated glass.
The building has a 100 .1 p service. All of the duplex outlets are GFI and light fixtures
appear to be in compliance with the Pitkin County Electrical requirements. There are the
necessary light fixtures at each of the exterior doors.
It is my professional opinion that this structure is built according to the Pitkin County
Building codes.
I will send photographs of the structure and my observations for your use.
Please contact me if you have any questions or need any clarifications.
AUGUST
RENO
FAIA
605 W. MAIN STREET
No 002
ASPEN
COIL.... 'RAF.
970.925„5968
FACSIMILE
970.925.5993
EMAIL
augic@au streno„com
7202,E. CAVE CREEK R.D.
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970-927-3339 / cell 970-379-32
970-927-0687
Glenn Horn
Topic : Caretaker Unit of Brian Edgington
144 Horseshoe Dr.
Basalt , Co. 81621
4
I am a Co. licensed Master Plumber , license # 178332 , exp 8/31/13
I was asked to perform an inspection of the above property for compliance with
anent Plumbing Codes .
The Unit is a finished property which limits the inspection to a cursory one.
The following is a list of the mechanics and plumbing finishes .
Mechanical/Laundry room :
la — Floor access into crawl space to a sewage ejection system .
lb — Washing machine & dryer
lc — 50 gall. Electric hot water heater
1 d — a water pressure booster pump w/ 65 gallon storage
1e — water softening equipment
Kitchen Equipment :
2a - a ss single bowl sink
2b w/disposer
2c - vddishwasher
Bathroom Equipment:
3a - a single lavatory w/faucet
- a toilet
3c - a whirlpool tub/shower combo
All fixtures and fittings were operational and i good wox <trig order All visible
Plumbing meets current code req ,irements
Water piping is copper and DWV piping where visible is pvc schedule 40
Call with a., est2hs : Dana Strong 970-379-3204
i
/7
//
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From: Y-ELECTRIC
P.Q. BOX 1610
BASALT, CO 81621
TO; Glen Horn AICP
215 S. Monarch
Suite 104
ASPEN, CO 81611
970 925-6587 Telephone
970 925-5180 Fax
REFERENCE:
Bryan Edgington
Double K Ranches
144 Horseshoe Drive
Basalt, CO 81621
Dear Glen:
This letter is in reference to the property located at 144 Horseshoe Drive, Basalt,
CO, in which the property owner is Bryan Edgington.
Bryan Edgington requested our service for a cursory walk-thru of his ADU at 144
Horseshoe Drive to provide you with this information. This walk-thru was a visual
inspection only, of the existing electrical system at this residence.
The electrical system looks to be based on the 2002 Electrical Code, Arch Fault
Breakers exist in the electrical panel for the bedroom circuits, ground fault protection
devices are installed in the kitchen area. There is a existing 200 AMP. single phase
electrical service providing service to this building. The service grounding and bonding
of this service visually looks complete.
On this walk-thru I never saw any out standing problems with the electrical
system at this residence, it appears to be in good working condition.
This inspection was on a visual bases only and not to be construed as a
breakdown inspection. The said visual inspection in no way holds Y-ELECTRIC
responsible or legally liable for the existing wiring and conditions of the existing
electrical system at this residence.
eld
PO Box 2844
Glenwood Springs, CO 81602
Ph 970-618-5033
/le Fax 303-216-2796
January 24, 2012 Project No. 1928
Brian Edgington
PO Box 1843
Rifle, CO 81650
Subsurface Investigation and Percolation Report
144 Horseshoe Drive, Emma
Pitkin County, Colorado
Brian,
ALL SERVICE septic, LLC, performed a subsurface investigation and percolation test for the subject
property, on January 11th 2012. The test was performed in accordance with Pitkin County
Regulations.
EXISTING CONDITIONS AND STRUCTURES
The subject property is located in a residential area where Onsite Wastewater Systems (OWS) and
wells are necessary. There are several structures existing at the property. There is an existing OWS
which has, in the past, experienced problems. The slope at the area of the percolation holes is
relatively flat, and vegetation consists of a native grasses.
SUBSURFACE CONDITIONS AND CONCLUSIONS
The subsurface was investigated by digging one profile pit and three percolation holes, at the locations
indicated on Figure 1. The materials in the profile hole consisted of 8 feet of sandy clay with lenses of
sand and cobbles. Groundwater or bedrock was not encountered. Percolation rates ranged from 40
minutes per inch (MPI) to 20 MPI, with an average rate of 29 MPI. A shallow (2 feet) drain field
installation is preferred.
LIMITS:
Results are based on field investigations and data provided by the client. If soil conditions
encountered are different from conditions described in report, ALL SERVICE septic, LLC should be
notified
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PROFILE HOL
•
Edgington Residence
Sheet 2 of 2
Project Number: 1928
P.O. Box 2844
PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
Percolation Test and Soils Data Form - TABLE 1 - PROJECT 1928
Performed by All Service Septic, LLC
PROFILE PIT Date of Test: 1/11/2012
0 - 8.0' Clay, Sandy, Stiff, with Sandy Layers and Cobbles, 1ft Diam. Moist, Tan
Brown, Red
No Groundwater or Bedrock was Encountered
Hole Hole Interval Measurement at Measurement at Change (in.) Percolation Rate
No. Depth (in.) (min.) Start of Interval End of Interval (min./in.) MPI
(in.) (in.)
1 40 20 1.75 3.25 1.50
20 3.25 4.00 0.75
20 4.00 4.50 0.50
20 4.50 5.00 0.50
20 5.00 5.50 0.50
20 5.50 6.50 1.00
2 38 20 2.25 4.00 1.75
20 4.00 4.75 0.75
20 4.75 5.75 1.00
20 5.75 6.75 1.00
fill 20 3.00 4.25 1.25
20 4.25 5.00 0.75
3 40 20 2.00 4.00 2.00
20 4.00 6.00 2.00
20 6.00 dry
fill 20 3.50 4.50 1.00
20 4.50 5.50 1.00
20 5.50 6.50 1.00
AVG = 29 MPI
40
27
20
CAROL NEMIEC
DOUBLE K RANCH WATER ASSOCIATION
455 HORSE SHOE DRIVE
BASALT, CO 81621
June 14, 2012
Glenn Horn
Davis Horn Incorporated
215 South Monarch Street
Aspen, Colorado 81611
Re: Legal Water Supply for Caretaker Dwelling Units
Dear Glenn:
Based on all available information, Double K Water Association and its officers are authorized
to represent to Pitkin County that the Association has sufficient quantity and quality of water for
caretaker units and all other residential uses permitted by the bylaws and applicable Codes on
each of the 19 lots in the subdivision, and to take such steps as may be required to furnish
sufficient water to all 19 lot assessed equally to its members, including eventual replacement of
the water system.
Please let me know if you need any additional information.
Thanks.
Sincerely,
1&rVU4 eC__.
Carol Nemiec
Secretary Treasurer
Double K Water Association
1 LinuuurIWI 144
Davis Horn -
PLANNING & REAL ESTATE CONSULTING
September 24, 2012
Lance Clarke AICP
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Notice of Appeal of the Administrative Decision No 60-2013 Granting Approval of
the Edgington Activity Envelope/Site Plan Review and Denying Special Review for a
Detached Caretaker Unit
Dear Lance:
On September 4, 2013 the Community Development Director issued Administrative Decision
Determination No. 04-2013 (the "Determination") which granted approval of the Edgington
Activity Envelope and Site Plan Review and denied a Special Review for a Caretaker Dwelling
Unit. We Represent Bryan Edgington in this matter.
Please accept this letter as an appeal of the Decision pursuant to Section 2-20-180 (c) of the
Pitkin County Land Use Code.
The 15-day appeal deadline is September 25, 2013 pursuant to LUC Section 2-20-180(d)(1) (an
appellant must submit a "notice of appeal and a brief written statement of the grounds for
appeal" 15 working days after the determination.
A brief written statement of the grounds of the appeal is as follows:
There has been a demonstrable error, abuse of discretion, and/or denial of due process to the
Edgington in this matter. The Community Development Director erred and abused his discretion
by approving the location of development within an activity envelope absent compliance with
the Land Use Code including in Sections 2-30, 7-10-50, 7-10-60, 7-20-20, 7-20-30, 7-20-40, 7-
20-50, 7-20-80, 7-20-120, 7-20-130 and 9-40.
We will submit additional information explaining the basis for the appeal after a Board of
County Commissioner's hearing date has been set.
000001 o- i g ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
adavis@rof.net ghorn@rof.net
The following attachments are included for your review:
1. Pitkin County pre -application conference summary sheet;
2. List of property owners, names and addresses located within 300 feet.
3. September 18, 2013 letter from Bryan Edgington authorizing the Davis Horn
Incorporated to represent him and submit appeal;
4. Pitkin County Community Development Department Fee Agreement; and
5. Copy of Determination of the Hearing Officer.
Thank you for considering this letter. Please let us know if you have any questions or need any
additional information.
Sincerely,
DAVIS HORN INCORPORATED
GLENN HORN AICP
000002
ATTACHMENT 4-
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
• APPELLANT: Bryan Edgington
REPRESENTATIVE: Glenn Horn PHONE and EMAIL: 925-6587,
DATE: Sept. 9, 2013 PLANNER: Lance Clarke
Type of Application: Appeal to BOCC of Administrative Determination
Description of Project/Development: The Appellant wishes to appeal Community Development Director Determination
No. 60-2013, related to the Edgington Site Plan and Caretaker Unit request. The Determination was issued on September 4,
2013; therefore, the Notice of Appeal must be submitted on or before September 25, 2013.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-180: Appeals
Review by: BOCC.
Public Hearing: Yes. The Appellant shall cause notice of the proposed appeal and the nature of that appeal to be mailed
to all adjacent landowners, at Appellant's expense, at least one week before the date of the meeting at which the appeal
will be heard by the BOCC. The Appellant shall also post a sign on the property stating the nature of the appeal and the
date of the appeal hearing at least one week prior to the hearing. [(see section 2-20-100(b)].
Staff will refer the application to the following agencies: Emma Caucus, Zoning
FEES: $1,365 (make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $936 (non-refundable; based on 3 hours of staff time; if staff review time exceeds 3.2 hours, the
Applicant will be charged for additional time above 3 hours at a rate of $312/hour)
o Public Notice Fee: $54
o Clerk Fee: $375
To apply, submit 5 copies of the following information, unless noted otherwise:
1. Summary letter explaining the appeal, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above.
2. Submission requirements as designated in Section 2.7.1 of the Pitkin County Land Use Application Manual;
3. Copies of the Determination that gave rise to the appeal;
4. Total fee for review of the appeal;
5. Signed fee agreement (1 copy);
6. Copies of this pre-app form;
7. NOTE: An appeal is not a de novo consideration of the merits of the development application that gave rise to
the appeal.
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION PLEASE SUBMIT TWO-SIDED COPIES
OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS
INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED.
➢ This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is
based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application.
000003
1.32+.. , .., 1, .,. _.+t i.Ai:>..Lkr.A!i...yLrS.,
ATTACHMENT 2
PROPERTY OWNERS WITF FIN 300 FEET OF THE BRYAN P. EDGINGTON PROPERTY
144 Horseshoe Lane
Basalt, CO 81621
2465 132 00014
Grace Church of the Roaring Fork Valley
! 776 Emma Road
Basalt, CO 81621
2465 132 00014
Pitkin County
536 East Main Street
Aspen, CO. 81611
Lee Ingram Schwaller
1796 Emma Road
Basalt CO. 81611
2465 123 00800
R0021267
Katherine and Preston Files
86 Horseshoe Drive
Basalt CO. 81621
2465 132 01 004
R007185
Michael W. Conners
172 Horseshoe Drive
Basalt, CO. 81621
2465 132 01 0008
R007096
James F. and Amy T. Luells
210 Horseshoe Drive
Basalt, CO. 81621
2465 132 01 007
R007105
Zachery J. and Gina Johnson I leinrich
209 Horseshoe Drive
Basalt, CO. 81621
2465 132 01 006
R007024
00000
Steven Eugene Layne
93 Horseshoe Drive
Basalt, CO. 81621
2465 132 00 0026
R007163
Richard Bird
199 East Sopris Creek Road
2465 132 00 026
R007256
000005
ATTACHr-"T
ATTACHtocNT 3
Bryan Edgington
PO Box 1843
Rifle, Colorado 81650
970 945 9520
September 18, 2013
Lance Clarke AICP
Pitkin County Community Development
130 South Galena Street
Aspen, Colorado 81611
Re: Edgington Appeal
Dear Lance:
This letter authorizes Glenn Horn to submit an Appeal of Administrative Decision No 60-2013
and represent me in the appeal process.
Should you have any questions or concerns, please call Glenn Horn or Alice Davis at 970 925-
6587 at 215 South Monarch Street Suite 104 in Aspen, CO 81611.
Thanks.
Sincerely
Bryan Edgington
000B06
PITKIN COUNTY COMMUNITYAT' "�IENTi
DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter "COUNTY") and S ,.-t r,,--,
(hereinafter "APPLICANT") AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for A tea.--t I LD
F
(hereinafter, the "PROJECT").
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004
establishes a fee structure for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness. The fee structure is based on
the COUNTY'S policy that development shall pay, in full, the cost of development review in the
COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense
incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the
proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the
costs involved in processing the application.
4. APPLICANT and COUNTY agree that fees charged for the processing of land use
applications shall accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to
complete processing or present sufficient information to the Planning Commission and/or Board of
County Commissioners to enable the Planning Commission and/or Board of County Commissioners
to make legally required findings for project approval, unless current billings are paid in full prior to
decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right
to collect full fees prior to a Otermination of application completeness, APPLICANT shall pay a base
fee in the amount of $ /36J which is based ori)Iz-hours of staff time, and if actual time spent
by staff to process the application exceeds the average number of hours by more than 20%, then the
COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments
shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such
accrued costs shall be grounds for suspension of processing.
PITKIN COUNTY c'tn�,,���v�y,
("APPLICANT")
Cindy Houben
Community Development Director
By:
Print Name and Title (if applicable)
Date:
Mailing Address: 0
V—t /IC_
ATTACHMEN1
RECEPTION#: 603158, 09/05/2013 at
10:57:01 AM,
1 OF 6, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DESCISION OF THE COMMUNITY DEVELOPMENT
DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE EDGINGTON
ACTIVITY ENVELOPE/SITE PLAN REVIEW AND DENYING THE SPECIAL
REVIEW FOR A DETACHED CARETAKER DWELLING UNIT
Administrative Decision No. -2013
Ri CI fALS
1. Br) an Edgington (Applicant") has applied to the Community Development Director of Pitkin
County, Colorado, for approval of an activity envelope/site plan and detached Caretaker Dwelling
Unit ("CDU"). The proposed CDU is in an existing unpermitted building that is within the
required 100' stream side setback from Sopris Creek. This structure/use cannot be approved in
this location.
2, The lot is 144 Horseshoe Drive. Emma and is legally described as Lot 3, Double K Ranches. The
lot is approximately 3.263 acres and is non -conforming in size in the AR-l0 Zone District. There
are no previous land use approvals on the property.
3. The Applicant provided notice of the application to adjacent property owners as required pursuant
to Sec. 2-20-100(A) of the Land Use Code on July 20, 2012. The public notice sign was posted
on the property on August 3, 2012. No objections were received within 30 days from the date the
notice was mailed. The Application was referred to the Emma Caucus. They did not object.
4. The Director finds that the existing and proposed detached CDU does not comply with applicable
standards of the 2006 Land Use Code as amended due to its location in the stream side setback
and the fact that the structure was never permitted. There is ample room on the property to
relocate this CDU or to build a new CDU. The Director further finds that an activity
envelope/site plan can be approved for the parcel with the elimination/relocation of the existing
CDU structure and the proposed relocation of two existing sheds to a new location outside of the
stream side setback.
THE DIRECTOR DOES HEREBY APPROVE the Edgington request for an activity envelope/site
plan and HEREBY DENIES the proposed detached CDU in the proposed location, subject to the
following conditions which shall run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application or in public
meetings.
Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approvals) related to this property, or vested rights associated
with this property.
3. Within 90 days of this approval and prior to recordation of any site plan or submittal for any other
building or OWTS permits on the property the existing unpermitted CDU shall be removed with
proper demolition permits and the two sheds to be preserved shall be relocated with proper permits
as shown on the proposed site plan.
4. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval b) the County Attorney and Community Development a Site Plan with an
Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application
Manual Sections 2.1.1 & 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation. The Mylar copy of the plat shall be signed by the owner prior to
submittal for recording.
5. Development is approved for 5.750 sq. ft. of floor area. Floor area shall be calculated based on the
definition in effect at the time of building permit submittal.
6. Nu 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 might not be permitted under building and
zoning regulations.
7. No structural development in excess of 30" in height above natural or finished grade shall occur
within the setbacks of the lot. Landscaping in the form of berms shall not exceed four (4) feet
from the most restrictive grade. Any external development located within setbacks mandated by
County zoning regulations shall require a variance from the Board of Adjustment. Approval of
an activity envelope within such setbacks does not assure approval of a variance.
8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake
the corners of the activity envelopes and install construction fencing around the perimeter of
the envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy.
9. No development, including grading, excavation, fill placement. driveway, turnaround, berms,
landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the
approved development envelopes, with the exception of measures to comply with the wildfire
mitigation required herein.
10. The Applicant shall adhere to the following low wildfire standards outlined in Section 7-20-60 of
the Code:
A) Defensible space:
i Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot
(10') perimeter around all structures.
rr. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at
a minimum of a thirty-foot (30') perimeter around a structure built on flat ground.
iii. Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeter shall
be a minimum of two (2) times the height ot'the fuel. Maximum diameter of the clumps
shall be two (2) times the height of the fuel. All measurements shall be from the edges of
the crowns of the fuel.
iv. All branches from trees and brush within the thirty-foot (30') perimeter shall be pruned to a
height of ten (10') feet above the ground with removal of ladder fuels from around trees and
brush.
v. Tree crown separation within the thirty-foot (30') perimeter shall have a minimum of ten
feet (I0') 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.
All branches that extend over the roof eaves shall be trimmed and all branches within fifteen
feet (15') of the chimneys shall be removed.
vii The density of fuels within a one -hundred foot (100') perimeter shall be reduced where
natural reduction has not already occurred.
All deadfall up to a one -hundred foot (100') perimeter of the structure shall be removed.
ix. No new conifer tress shall be planted within ten feet (10') of a residence.
x. No flammable mulches shall be placed within two feet (2') of a residence.
xi. The Applicants shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B) Access:
i. Access roads and driveways shall be built to County standards; however, these standards
may be increased to mitigate wildfire hazards based on comments provided by the
Colorado State Forest Service. the Sheriffs Department, local fire protection districts
and/or a person approved by the County as an expert in wildfire area designation and
mitigation.
ii. Cul-de-sac turnaround pads shall have a minimum of thirty (30) foot drivable surface
inside turning radius or a hammerhead or other T-area acceptable to the applicable local
fire district.
iii. New driveways and access roads shall enter the roadway at a ninety -degree (90°) angle
for the first twenty-five feet of the driveway.
iv. Fuel breaks as recommended by a wildfire expert approved by the County may be
incorporated into the design of access roads or driveways.
C) Water Supply for Fire Safety:
r_ When access to a public or private pressurized water system is not available or if it is
necessary to augment fire protection water systems, private ponds may be used if
approved by the Community Development Department and the applicable Fire Protection
District.
H. Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
fire department approved mechanism (such as a fire hydrant). The amount of storage
capacity shall be determined by the applicable Fire Protection District with a minimum of
one thousand (1,000) gallon storage capacity per structure.
iii. All structures greater than five thousand (5,000) square feet in size shall be required to
install in-house sprinkler systems that meet the standards of the local fire protection
district and the adopted Building Code. At building permit submittal, the applicable Fire
Protection District may require smaller structures to be sprinkled due to hazard
considerations, emergency access difficulties and lack of proximity to fire protection
services.
I)) Structural Design and Construction Options:
r The roof shall be constructed with a Class A roof covering or a Class A assembly as defined by
the currently adopted Building Code.
II Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas.
in Roofs with less than a 3.12 pitch are not permitted in wildfire areas unless they comply with the
following:
1) All roof coverings shall be constructed of non-combustible materials and installed on a Class
A assembly.
?) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof
debris.
3) Protrusions above the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by adopted building code and shall have a minimum slope
of 1.38.
5) All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire
Marshall prior to submittal of a building permit application.
E) Maintenance and Miscellaneous Requirements:
r, Roofs and gutters shall be kept clear of debris.
ii. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
inch (l/d") maximum.
iii. Yards shall be kept clear of all litter, slash, and flammable debris.
iv All flammable materials shall be stored on a parallel contour a minimum of fifteen feet
(15') avti ay from any structure.
v. Weeds and grasses within the ten -foot (10') perimeter shall be maintained to a height not
more than six inches (6`).
vi Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet
(15') away from the structure.
Swimming pools shall be accessible by the Aspen Fire Protection Department.
Fences shall be kept clear of brush and debris.
rx. Wood fences shall not connect to other structures.
x. Fuel tanks shall be installed underground in an approved container.
xi. Propane tanks shall be buried, if possible or installed according to NFFA 58 standards
and on a contour away from the structure with standard defensible space vegetation
mitigation around any aboveground tank. Any wood enclosure around the tank shall be
constructed with materials approved for two (2) hour fire -resistive construction on the
exterior side of the walls.
.rii. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
xrir.Addresses shall be clearly marked with two-inch (2") non-combustible letters and shall
be visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
xiv. Any outbuildings or additional structures shall adhere to the same standards as primary
structures.
xv. The Applicant shall meet all of the codes and requirement of the applicable fire district
1 I. The Applicant shall comply with the following general conditions regarding wildlife:
A) When existing native vegetation must be altered within the Activity Envelope, the applicant
may be required to prepare a habitat mitigation plan acceptable to the County, Such
mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in
type and quantity to that being removed to mitigate effects on wildlife species. Should there
be no opportunity on the property for habitat mitigation or restoration, off -site mitigation
benefiting the same species may be required, or financial mitigation may be paid into a
County habitat mitigation fund should such a fund be established in the future.
B) Manipulation of vegetation outside of the Activity Envelopes is prohibited.
C) Mesh or woven wire fences are prohibited outside the Activity Envelope.
D) 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 (2) rails.
IL) Wire fencing must be three (3) strands or less. The top wire should 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) should be located a minimum twelve (12) inches apart and
from the top wire preventing entanglement when mule deer jump over. The bottom strand
should be sixteen (16) inches from the ground.
F) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two
(2) to five (5) per acre whenever possible as nesting and perching habitat.
G) In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within
the Activity Envelope. This does not preclude pre-existing native trees and shrubs.
1-1) Development shall be clustered to the maximum extent possible to minimize impact on
wildlife.
I) Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying,
or otherwise managing wildlife.
J) Trash: garbage shall he kept in an approved bear proof container or enclosure.
K) 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.
L) Horse grains, pellets, and cookies shall be stored in bear resistant containers.
M) 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.
a. The access/drive shall be improved if required to current County Standards, as described
in the Pitkin County Asset Management Plan.
,�3012
b. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses,
to limit water consumption and additional runoff. within one growing season after
completion of construction.
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, § 4-140 and C.R.S.. § 24-68-105. The statutory vested rights granted herein shall
expire 2016.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 19th day
of July. 2012.
APPROVED by the Director, this
APPROVED:
C i i y ouben
Community Development Director
day of September, 2013.
P059-12
PID#246513201005
2`1(4>c c)( —vv$
BIRD RICHARD J
PO BOX 668
BASALT, CO 81621
FILES KATHERINE & PRESTON
86 HORSESHOE DR
BASALT, CO 81621
SCHWALLER LEE INGRAHAM
PO BOX 290
BASALT, CO 81621
u014
BRYANT KEITH R & EMILY B
209 HORSESHOE DR
BASALT, CO 81621
GRACE CHURCH OF THE ROARING
FORK VALLEY
1776 EMMA RD
BASALT, CO 81621
WELLS JAMES F & AMY T
0210 HORSESHOE DR
BASALT, CO 81621
CONNERS MICHAEL W
0172 HORSESHOE DR
BASALT, CO 81621
LAYNE STEVEN EUGENE
3445 WILCOX RD
LIHUE, HI 96766
MISCELLANEOUS
DOCUMENTS
BOCC REGULAR MEETING
FEBRUARY 12, 2014
Continued Reading and Public Hearing of Resolution Denying the Edgington
Appeal of Administrative Determination No. 60-2013 Related to Denial of a
Caretaker Dwelling Unit— MOTION TO APPROVE THE RESOLUTION OF DENIAL
Staff: Lance Clarke, Assistant Director of Community Development
Appellants: Bryan Edgington
Representative: Glenn Horn
Letter from Michael S. Walpole and email from Dana Strong and Rheta Strong
submitted by staff for the record
Michael S. Walpole
202 North Avenue
PMB#259
•Grand Junction, Colorado
81501
January 14, 2014
Pitkin County Board of County Commissioners
530 East Main Street
Aspen, Colorado 81611
RE: Bryan Edgington's Property Located at 144 Horse Shoe Drive, Basalt, Colorado
Dear County Commissioners:
My former father in law, Jim Meckley, owned Bryan Edgington's property in the 1970's
and 80's. The lot is located in Double K Ranches. I lived in the house for six or seven
years in the 1980's. Jim built the office/wood shop which is located behind the house by
the Creek in the early 1980's. There was running water, a bathroom and electricity in
the office/wood shop.
At the time the office/wood shop was built, it was common to build accessory structures
and houses in the area without getting building permits from Pitkin County.
You may contact me at 970-858-6574 ' you have any ques ' • ns.
Sincerely, ./
Michael S. Walpole
2/12/2014 Rifkin County Mail - Edgington- Email Letter to BOCC from Rheta and Dana Strong
„t) / � I( I N
COUNT , r' Ciar�c
Edgington- Email Letter to BOCC from Rheta and Dana Strong
Glenn Horn <ghom@rof.net> Wed, Feb 12, 2014 at 8:00 AM
To: Lance Clarke <lance.clarke@pitkincounty.com>
Lance:
Attached for your information is a letter from Rheta and Dana Strong in support of Bryan Edgington. I will
distribute this to the BOCC today.
Glenn
Davis Horn Incorporated
Glenn Horn AICP
970-925-6587
From: strongrd@sopris.net [mailto:strongrd@sopris.net]
Sent: Tuesday, February 11, 2014 11:20 PM
To: ghorn@rof.net
Subject: Bryan Edgington Variance on Horseshoe Drive
To the Pitkin County Commissioners:
The intent of ordinances, zoning regulations and codes is to provide measures of safety for the public. These
measures have evolved over time and will continue to evolve.
They are not and have never been meant to serve as punitive measures.
I believe this to be the case in this instance. The "violation" in question was not created by the currrent owner
and was not properly identified to him when purchasing the property.
The history of the property has no evidence of any negative impacts to the occupants of the property or
surrounding properties.. The structure in question is located at the rear of the property and causes no significant
https:llmail.google.comimaill?ui=2&ik=eb410f3ac7&view=pt&search=inbox&th= 144269d8b0853d20 1/2
2/12/2014 Pitkn County Mail - Edgirgton- Email Letter to BOCC from Rheta and Dana Strong
impact on surrounding properties.. To decree that the structure be relocated on the property would cause, I
believe, significant financial hardship on the current owner. •
Relocation of this structure would result in a huge carbon foot print! The relocation of the structure poses a
potential negative impact for the Sopris Creek compared to the little chance of it impacting the creek if it is not
disturbed. Relocation of this structure will cause noise, traffic, dust and dirt for the neighboring properties and the
entire subdivision. Specifically the relocation will cause disruption to the common irrigation ditches which run
through this property, impacting water flow to many innocent land owners both above and below this property's
ditches
I would recommend the Pitkin CountyCommissioners use its power of discretion and apply a measure of "
common sense" to the deliberation of this issue.
It is my recommendation that the variance be granted.
Thank for your attention,
Sincerely,
Dana Strong
Rheta Strong
0400 Horseshoe Drive
https://mail.g oog Ie.convrmil/?ui=2&i Ireb410f3ac7&Newpt&search=i nbox&th= 144269d8b0853d20 2/2
Glenn Horn
From: strongrd@sopris.net
Sent: Tuesday, February 11, 2014 11:20 PM
To: ghorn@rof.net
Subject: Bryan Edgington Variance on Horseshoe Drive
To the Pitkin County Commissioners:
The intent of ordinances, zoning regulations and codes is to provide measures of safety for the public. These measures
have evolved over time and will continue to evolve.
They are not and have never been meant to serve as punitive measures.
I believe this to be the case in this instance. The "violation" in question was not created by the currrent owner and was
not properly identified to him when purchasing the property.
The history of the property has no evidence of any negative impacts to the occupants of the property or surrounding
properties.. The structure in question is located at the rear of the property and causes no significant impact on
surrounding properties.. To decree that the structure be relocated on the property would cause, I believe, significant
financial hardship on the current owner.
Relocation of this structure would result in a huge carbon foot print! The relocation of the structure poses a potential
negative impact for the Sopris Creek compared to the little chance of it impacting the creek if it is not disturbed.
Relocation of this structure will cause noise, traffic, dust and dirt for the neighboring properties and the
entire subdivision. Specifically the relocation will cause disruption to the common irrigation ditches
which run through this property, impacting water flow to many innocent land owners both above and
below this property's ditches
I would recommend the Pitkin CountyCommissioners use its power of discretion and apply a measure
of " common sense" to the deliberation of this issue.
It is my recommendation that the variance be granted.
Thank for your attention,
Sincerely,
Dana Strong
Rheta Strong
0400 Horseshoe Drive
t
I
BOCC REGULAR MEETING
FEBRUARY 12, 2014
Continued Reading and Public Hearing of Resolution Denying the Edgington
Appeal of Administrative Determination No. 60-2013 Related to Denial of a
Caretaker Dwelling Unit — MOTION TO APPROVE THE RESOLUTION OF DENIAL
Staff: Lance Clarke, Assistant Director of Community Development
Appellants: Bryan Edgington
Representative: Glenn Horn
Twenty (20) Petition pages of Support for Brenda McCartney and Bryan Edgington
t
CUtlilAtA.
PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
ea&
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
3"-ita
L
Address
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name A Address
telt
Hoch
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
r,
Address
PO AC/ 'iz vy .4?&t / Co Y4IZ.
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name Address
100-1 flCcNvea Dr.
Ca- kda4 c-O 8/673
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name Address
Av-& ,,N',Qu vaeV2
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
Cc;. tj (L-CS cU
Sor� Q Cctywsw
"te
3o\,03 U Gzq \) ciZ.
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f.skdoaA titcuagasc
dam
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
(\' N4 \CXCL 5
47i Skeen
T �( I -I q NLr
ti \v ktc
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
Address
ChotAi
f
ck
4-- f
414t-a° ..(
Eft comic'//
s5 th, �� fld Pp
C4Kt(,2tdT21 e . Co. 61613
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
Cbruiotcr.o
i fl$on `1 Q,Lp.r %o
K.
Address
�d7?IYW4 P /94/0
Po Bo;c 9833, Aspen
`117 ) , y& a .(3frs 0.1 }-
po. Sx -4G1 „ . Co
2/6 Ld• main#sAra)
•o P7 CV- - ., ; 3} Co g14.
PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name rah ' Icl%L
Pit '4 S Cie) ✓666AI-S
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Gt�L�aC�
Address O026-6 Wit,T.CA/ 4£; eo
516a3
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PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
1,2N2
11C\Akt 04)
olatkoP?DaltSk
1)041:fri;:ac
6441
Jid AA
4-fatu
Address
go psu !G'72 PA'T /&21
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70 te 6 )(e ahetik,
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,I lS cactinty /'d. to&, L iogvickit-
PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name Address
VA-(`i lei I—{ l 4/t( 6-14- Id8 011-G< 14-147
C 8D 8 / [D 2-3
t4\C$ k 7s§30
c) „ LAwsor
1,Uig,ewis.%& /fe(d C
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31 21 W1 A"¢"oOti 9-6 14-35
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co � b(1
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3' {o Fcti a (=L (_ Cd 8I-6
o%Cc G- �€u,itb co0,,n ss,& Wl9S'{
4,6? M,d14-it.& , 4spe ,Ce3/6/!
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pa. a/ /f'&5 eiCtsca (f; a. S'lG2'/
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.116- 5 _ sole a. sw/f, 06z/
PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned. request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Name
Ala,rl fig a/bee f
.the.(17")
eAcg
opAL)--,sufAutdar
(110 ?kci&.
(v\A(te--ptomi
<1%)n
g.F3p&‘
Address
ag3 Snow It b"vi C,octi t
/ S ir-a-S1813 It °44 -"
13Y3 GYikk-5tn, Oise kit-,3
3 ;o W44n-, 'Ay; 1.4 ?d
2si canna %fn ad�y
natil
3/6,,t1
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170/5o 3`( S,Li Pa
&k(b€,,ice, AtAait-
32 c I VIQc Qa,„i 1
S S . IttCR<<RDZ66pAi1E
Co
I Co o a c c.,, o rz.. A ,eg--7
PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
G-U fitoei_t_
Address
r
r 244
Jun/ gAgg Ls*
S65 lr; i2,e a fiQ — 54tl, C'e) .
/ k9 Shirk 1143
L (( Gi ow_ -t-
tic r -44nIo7 /P
?oil) Doh i- t G Glefittood S n.
PETITION
TO
PITKIN COUNTY
BOARD OF COUNTY COMMISSIONERS
The undersigned request the Board of County Commissioners to overturn the
Pitkin Community Development Director's Administrative Decision Denying
Bryan Edgington's land use application requesting approval of a detached
Caretaker Dwelling Unit on his lot located at 144 Horseshoe Drive, Lot 3,
Double K Ranches. This decision will displace Brenda McCartney from her
home and require Bryan to tear down the dwelling or relocate it.
Sian
64R43/4s,
-Pa» nbe a961d
\\
Address
/7/OtterO,64(277
3&soFRd_
10 Cl
Cc%t
C.Acz-c sr o ALE CR) & I (0a3
p.o r iC / /7 (. P6/Z
to 4 ek 0-6 % & ezi
5/ c� fa( /CC_IC $sJ /( '
a� u2lic,(0,1
E\d.al,e i 6i)3
Z65-- PI'44,(-3-
ua ll,, CO SIW-i
C'C Qny of
.a2, ('/r MO) /411776
BOCC REGULAR MEETING
FEBRUARY 12, 2014
Continued Reading and Public Hearing of Resolution Denying the Edgington
Appeal of Administrative Determination No. 60-2013 Related to Denial of a
Caretaker Dwelling Unit— MOTION TO APPROVE THE RESOLUTION OF DENIAL
Staff: Lance Clarke, Assistant Director of Community Development
Appellants: Bryan Edgington
Representative: Glenn Horn
Fourteen (14) letters from the public regarding the above item submitted for the record by Glenn
Horn, representative for the applicant
DAVID R. FIORE
366 Horseshoe Drive, Basalt CO 81621 — (970) 927-0815 — david.fiore@1CVentures.com
Pitkin County
Board of County Commissioners
530 E. Main Street
Aspen, CO 81611
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horseshoe Drive, Lot 3,
Double K Ranches
Dear BOCC Members,
It was brought to my attention that my neighbor, Bryan Edgington, is facing a choice to demolish or
relocate his accessory dwelling unit because they are located within the creek setback. All the homes in
Double K Ranch that adjoin the creek have dwelling units or structures that would be considered in the
"creek setback." To ask anyone of these homeowners to move or demolish their structures is unfair, in
my opinion, and can have other negative impacts on the subdivision. I offer the following points:
1. Creation of this imposition shrinks the average building envelope on the parcels adjoining the
creek and will reduce the value of these lots.
2. A retroactive application of this new setback requirement would negatively impact the character
of the neighborhood by forcing all structures closer to the street. This will negatively impact the
value of 18 other homes in the neighborhood.
3. The negative precedent will impact future re -gentrification of the aging infrastructure of this
1950's neighborhood struggling to capitalize to make neighborhood improvements.
4. Lot 2, 86 Horseshoe Drive was provided with a variance and there would be no reason not to
support a similar variance for Lot 3.
I would not object for the BOCC granting a variance for Mr. Edington to maintain his accessory dwelling
unit in its current location or in a similar location should it be improved in the future. In fact, I think it is
important not to tie any variance to the current structure otherwise that may discourage future
improvements.
Respectfully submitted,
V
David R.
iore
Emma
To: Pitkin County Board of Commissioners
From: Jeff and Sarah Kingston, owners, LoHI 11, Double K Ranches,
Re: Hearing on Loll/ 3, Double K Ranches. 1122/14
We understand this hearing addresses a dwelling unit and two sheds
that are located 'inside a 100 fl. setback from Sopris Creek. We also understand
that these structures have been in place for many years. While their location
does not comply with current setback regulations, we feel they present no
adverse conditions to the neighborhood or the creek, either visually or
operationally. If the BOCC required them to be moved or removed, it could be an
undue hardship on the owner and may result in an undesirable visual impact on
the neighborhood.
Please let the record show that we have no objection to the location of
these structures and ask the BOCC to grant a variance for such.
Jeffeby Kingston
Sarah C Kingston
Memorandum
TO: Pitkin County Board of'County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 2011 there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single ouf Bryan's property.
210 \- suer Dwv�
t: , CSZ c.noc u112_1
3
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
1 live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they arc also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single outBryan's property.
/4 let Ahuai—
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 2011 there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single out Bryan's property.
9
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Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: 'January 14, 2014
1 live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single oui-Bryan's property.
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they arc also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single out Bryan's property.
L Oa-(27 — sue /44-0-ee '
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single out Bryan's property.
44,
rs-lov
g/6,2,/
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single out- Bryan's property.
/ i
2 07 /1611e ✓ /w'2
9
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoc Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single out Bryan's property.
kwi CV- J `1 ! / tOnC r cbz__ 6:7
0
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
1 live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single ou4Bryan's property.
/
!_y / .//7
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
1 live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 201 I there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single out Bryan's property.
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 2011 there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings are
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single ouf Bryan's property.
93 Nofsestto 6t—
scisaII-t Co cOa1
\3
Memorandum
TO: Pitkin County Board of County Commissioners
RE: Bryan Edgington's Accessory Dwelling Unit Located at 144 Horse Shoe Drive,
Lot 3 Double K Ranches
DATE: January 14, 2014
I live in the Double K Ranches subdivision. Bryan Edgington is my neighbor. When Bryan
bought his lot in the fall of 2011 there was an accessory dwelling unit and two sheds located
behind the house by the Creek.
A few months ago the Pitkin County Board of Adjustment approved a rear lot line setback
variance for a few structures located on Preston Files property (Lot 2 Double K Ranches, 86
Horse Shoe Drive) which is located adjacent to Bryan's lot. These structures were similar to the
structures on Bryan's property because they are also located within 100 feet of Sopris Creek.
Please do not make Bryan demolish or relocate his accessory dwelling unit and sheds because
they are located within the Creek setback. These buildings have been there for more than 20
years and are located in unobtrusive spots. The current locations are better than locating the
buildings outside of the Creek setback in the middle of the property. If the buildings arc
relocated outside of the Creek setback, they would be highly visible and out of character with our
neighborhood. Additionally, Sopris Creek is just an intermittent stream without any significant
wetland and riparian vegetation along the bank. We have no objection to keeping these buildings
in the current locations and it seems unfair to single ouj Bryan's property.
M 11107,1