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HomeMy WebLinkAboutBocc Packet 02122014 GSM Aspen LLCMEMORANDUM TO: Pitkin County Board of County Commissioners Regular Meeting - February 12th, 2014: Second Reading and Public Hearing cA THRU: Cindy Houbei Community Development Director FROM: Mike Kraemer, Planner RE: GSM Aspen, LLC Major Plat Amendment, Activity Envelope/Site Plan Review, and Restoration of a Legal Non -conforming Structure Without Significant Changes 2" d Reading SUMMARY: The Applicant is requesting a Subdivision Exemption for a Major Plat Amendment to merge two developed lots into one for the purpose of constructing a larger residence. APPLICANT: GSM Aspen, LLC REPRESENTATIVE: Charles Cunniffe Architects LOCATION/ZONING: 200 East Reds Road, BLK 1, Lot 5 and 300 East Reds Road, BLK 1, Lot 6. Red Mountain Ranch Subdivision. R-30 Zoning. Within the Aspen Urban Growth Boundary (UGB). PREVIOUS BOCC MEETING: The BOCC approved this request at 1st Reading on January 22nd, 2014. A first reading, it was asked of Staff to provide an improved explanation of the Lots in this block of the Ridge of Red Mountain Subdivision and their build out ability. Additionally shown, is an analysis of the existing Lots 5 and 6, and their resulting size and floor area if the plat amendment is approved. The following is this explanation: l of Size Above tirade Below Grade .;aras e (iwss Allowed Lot 1 40,797 5,303 - 4,000 750 _ 10,053 sf Lot 2 49,994 6,499 4,000 750 i 1,249 Of Lot 3 50.0736,509 4,000 750 31,259 sr Lot 4 94 0l: 9 5,072 ° WO 750 9,1422 sf Lot 5 40,551 5.271 4,000 750 10.021 sf Lot 6 41,821 5,436 4.000 750 10,186 sf Lot r 47,115 6,132 4,000 750 10,882 sf Lot S 31,926 4,150 4,000 "750 8,900 f Lot 11 30,069 3.90 4,000 50 g,658 sf Merged 5 and 6 82,372 10,708 4,000 750 15,000 sf *Gross Allowed Floor Area is limited to a maximum of 15,000 sq ft pursuant to Table 5-1.B of the Land Use Code, Page I of 2 oa000l of 13 Lots 5 and 6 have an existing lot size of approximately 41,000 square feet each. If the Lots are combined, the resulting lot will have approximately 82,372 square feet of lot size and have the ability to construct approximately 10,708 square feet of floor area above grade. This area of the County is also afforded 4,000 square feet of exempt below grade space and 750 square feet of exempt garage space, resulting in a final maximum gross floor area of 15,000 square feet. To attain this maximum gross floor area, four (4) TDR's will be used. The previous hearing also resulted in discussion regarding the Applicant's site plan that shows development within the rear yard setback of the Lot. This development is in the form of an in -ground pool and retention wall. Typically, this pool and wall would not be admissible within the setback of the lot due to the 30" grade change limitation required in the Land Use Code, unless a Board of Adjustment variance is granted. The Applicant has argued that the house on Lot 6 is a legal non -conforming structure that was previously permitted within this setback. Under Chapter 9 of the Land Use Code, the Applicant would have the ability to build back this legal non -conforming structure within the setback, in the same footprint, configuration, mass, and bulk. Staff has met with the Applicant and the revised site plan shows that a pool pergola adheres to the 30' rear yard setback but that the in -ground pool and retention wall is within the setback. A letter from the Applicant can be viewed as Attachment A. Drawings of the pool area will be provided at the hearing. Staff feels that since the pool pergola will adhere to the rear yard setback and that the in -ground pool and retention wall will not violate the setback any more than the existing footprint of the residence on Lot 6, and if constructed, will reduce mass, bulk, and height in the setback, this portion of the proposal adheres to Section 9-50-20: Restoration of a Non -conforming Structure without Significant Changes and the Board could make a finding to allow this setback development. Lastly, during the public comment period of the last hearing, there was discussion about the potential for rocks and debris to dislodge during construction/excavation and potentially roll down the hillside and impact the residence below. Staff feels that at building permit submittal, the Applicant should study the potential for rockfall/debris movement and include construction management practices that would address this potential hazard. This condition is located in the attached draft resolution as condition #6F. STAFF RECOMMENDATION: Staff recommends that the BOCC adopt a motion approving the GSM LLC Subdivision Exemption for a Major Plat Amendment, Activity Envelope and Site Plan Review, and Restoration of a Legal Non -conforming Structure Without Significant Changes, subject to the draft resolution. ATTACHMENTS: A. Applicant's submittal Page 2of2 000002 Design Workshop, Inc. Landscape Architecture Land Planning Urban Design Strategic Services r Meeting Telephone E Conference Call Memorandum To: Mike Kraemer From: Design Workshop Date: February 5, 2014 Project Name: 200 East Reds Road Residence Subject: Summary of February 4tlMeeting at Pitkin County To Mike Kraemer, Planner of Pitkin County, Thank you for the opportunity to review the site program proposed on Lot 6 of 200 East Reds Road. The following is a summary of the design intent we discussed related to the outdoor living terrace. The position of the outdoor living terrace was located on Lot 6 according to three main criteria: 1. The HOA requested we located proposed site program on Lot 6 in a manner which does not block views from above properties. 2. The HOA requested we preserve the existing lawn meadow and the existing gamble oak grove. 3. The design team and home owner decided to locate proposed site program within the footprint of the existing Lot 6 house to the greatest extent possible. Portions of the existing site elements and proposed outdoor living terrace are located in the 30' rear yard setback. The proposed improvements do not extend further than previously disturbed areas. Previously disturbed areas include the existing house, driveway, walls and a 4' construction offset which is the minimal area that would have been disturbed in construction of the existing improvements. The proposed site improvements are reducing the existing non -conformity and can be compared through the area of development in the setback. The table below describes existing non -conformities in the setback (house/foundations/decks/roof) to proposed non -conformities in the setback (pool/patio). Existing Non -conformity in the Setback Proposed Non -conformity in the Setback Area 1,136SF 983 SF The proposed development occurring in the setback is substantially lower in height and does not increase the massing of the non -conformity. The proposed pool development in the setback does not include any roof or trellis structures and as can be seen in the attached photos this will be a significant reduction in height as compared to the existing house and associated decks and roof overhangs in the setback. Section 9-4-30: Extensions of the Pitkin County Land Use Code states: (a) General a. Except in the VC and VR zone districts, a non -conforming structure shall not be extended by an enlargement or expansion that increases the non -conformity. A non -conforming structure may be extended or altered in a manner that does not change or decrease the non -conformity, except pursuant to Sec.9-50. 000003 The proposed improvements do extend into the 30' rear yard setback; however, the improvements do not extend past the areas previously disturbed in the setback and therefore do not increase the non- conformity. Section 9-40-60: Destruction or Demolition A non -conforming structure that is demolished or destroyed to any extent may be restored as of right regardless of the extent of demolition or destruction to the standards of Secs. 9-50 or 9-60, whichever is applicable. The existing residences and associated improvements will be demolished and replaced with the proposed site improvements. The proposed site improvements will not extend beyond areas previously disturbed. Section 9-50-20: Restoration without Significant Changes (c) Restoration, Repair, Reconstruction, Replacement, Remodel, and Additions to Legal Non -conforming Structures A legal non -conforming structure may be expanded, repaired, restored, reconstructed, replaced, or remodeled as long as the activity does not increase the non -conformity. Prohibited enlargement of the non -conformity shall include, but not limited to: expansion of the gross floor area where the floor area for the zone district has been the mass of the existing structure in to the setbacks, including an increase in the mass of the existing structure within the setbacks; expansion of the structure into any other area where the development standards or the building codes prohibit development. Expansion of the structure into the setbacks, including an increase in the mass of the existing structure within the setbacks is prohibited, except in riparian/ wetland setbacks, in which height and bulk may be added to an existing residential structure with no change to the exiting footprint of the structure, subject to compliance with the following criteria: The proposed site improvements will replace the existing home and associated site work with no increase to building gross floor area, mass or expansion into the 30' rear yard setback. No riparian/ wetland setbacks are associated with the property. 000004 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE GSM ASPEN, LLC SUBDIVISION EXEMPTION FOR A MAJOR PLAT AMENDMENT, ACTIVITY ENVELOPE/SITE PLAN REVIEW, AND RESTORATION OF A LEGAL NON -CONFORMING STRUCTURE WITHOUT SIGNIFICANT CHANGES Resolution No. -2014 RECITALS 1. GSM Aspen, LLC ("hereafter referred to as the Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for a Subdivision Exemption for a Major Plat Amendment, Activity Envelope and Site Plan Review to merge two platted lots in effort to construct a larger residence. Also requested is the ability to restore legal, existing development within the rear yard setback of the lot. 2. The two Lots are identified and legally described as 200 East Reds Road, BLK 1, Lot 5 and 300 East Reds Road, BLK 1, Lot 6 of the Red Mountain Ranch Subdivision. 3. The Lots are within the R-30 Zone District and within the Aspen Urban Growth Boundary (UGB). 4. The Pitkin County Planning and Zoning Commission considered the proposal at regularly scheduled meetings on October 1st, 2013 and November 12th, 2013. The P&Z recommended approval to the BOCC by a vote of 5-0. 5. The BOCC reviewed the application on l' Reading at a regularly scheduled, duly noticed public hearing on January 22nd, 2014 and at 2nd Reading and a regularly scheduled public hearing on February 12th, 2014. Evidence and testimony were presented with respect to this application. 6. The BOCC finds that the proposal is consistent and compatible with the surrounding neighborhood of the Red Mountain Ranch Subdivision and Red Mountain as a whole, and therefore is consistent with Code Section 2-30-40(i)(2)(A). 7. The BOCC further finds that the pergola will comply with the rear yard setback but that the pool and retention wall has been located within that setback. Because the pool and retention wall are located within the same footprint and configuration as the existing lot 6 residence, and that the pool and retention wall are subgrade, and as a result, will reduce mass, bulk, and height within the rear yard setback, the proposal complies with Section 9-50-20 of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it hereby approves the GSM LLC Subdivision Exemption for a Major Plat Amendment, Activity Envelope/Site Plan Review, and Restoration of a Legal Non -Conforming Structure without Significant Changes, subject to the following conditions that shall run with the land: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. u0UO05 2. At the time of building permit submittal, the Applicant shall surrender required TDR's for additional floor area up to 15,000 square feet from a base of 5,750 square feet. 3. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 4. Prior to submission of any future building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan and a Plat Amendment that illustrates the approved Site Plan envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The Applicant shall also submit an amended plat in accordance with Application Manual Section 2.1.13. 5. The future residence and any future structures shall utilize non -reflective roofing and earth tone colors for the facade of buildings. 6. At building permit application for the residence, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a stormwater permit from the State of Colorado if site disturbance exceeds one (1) acre. C. Obtain a County access permit. D. Submit a drainage and erosion control plan. All slopes steeper than 2:1 shall utilize erosion control blankets. E. Submit engineered plans for retaining walls greater than four feet in height and provide a Geotech report for walls. F. Submit a construction management plan for review and approval by the Planning/Zoning showing the locations of staging, material storage, and employee and construction traffic parking. The plan shall also study the potential for rockfall/debris that could potential impact the residence below and implement best management practices to address the hazard, if necessary. G. Pay the applicable road and employee housing impact fees. 7. The property is designated in a severe wildfire hazard area and shall comply with the County Certified Wildfire Report found in Attachment A. Additionally, the Applicant shall comply with all terms and conditions of the Aspen Fire Protection District. S. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. C. Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty-four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. D. 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 U[i0006 from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. E. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. F. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. G. Trash/garbage shall be kept in an approved bear resistant container or enclosure. H. 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. I. Pet food shall not be left outside. J. The residence shall install round handled door knobs. 9. No development shall occur outside the approved envelope, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 10. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the building envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 11. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 12. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on February 12's, 2017. uu=0U0T NOTICE OF PUBLIC HEARING published in the Aspen Times Weekly on the 19th day of December, 2013. INTRODUCED AND FIRST READ AT A PUBLIC HEARING on the 22nd day of January, 2014. APPROVED AFTER SECOND READING on the 12th day of February, 2014 PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of , 20 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By ATTEST: Robert A. Ittner Jr., Chair Date Jeanette Jones, Clerk to the BOCC APPROVED AS TO FORM: APPROVED AS TO CONTENT: AZ, 2)-eCQ StuC-kk John Ely, County Attorney ("indy Houben, Community Development Director P065-13 PID: 273706303014 U00008 A7z Jmr M 4 -re, Beet. 2csoLvr ow i,o. XOUDLAND & ASSOCIATES CONSULTING ON WILDFIRE HAZARD MITIGATION "'LE PROTECTION AND BUILDING & FIRE CODES May 6, 2013 Mr. Janver Derrington Cnnni ffe Charles Architects 610 E. Hyman Ave, Aspen, Colorado 81611 (970) 925-5590 Subject: Wildfire Hazard Mitigation for property located at 200 East Reds Road, Pitkin County, Colorado. Dear Mr. Derrington, Thanks for meeting with me on site at this property on Tuesday April 30th and for providing me with information regarding the proposed house. 1 remained on site for a time to take photos, measure slopes and evaluate the wildfire hazard conditions. I will qualify my observations as those of conditions as they now exist. I'rn sure that you are aware that the type of vegetation, the continuity of vegetation and the steep slopes on Red Mountain result in most of the sites in the area being classified as a Severe Wildfire Hazard. This is true of this property as well. The shape of the property results in short distances to property line to the adjacent property to the south. This somewhat limits the ability of this property owner to manage the vegetation since this management can only be done on their own property. The slope below the proposed house varies between 35% to greater than 45%. The vegetation is mostly a mix of oak up to 15-feet in height, service berry of 10- 12-feet in height, scattered mature conifer, cottonwood, and aspen, other native brush to 5-feet in height and native grass to 4-feet in height. The vegetation around the existing houses have been maintained to a degree between the houses and East Reds Road, however down slope to the south there has been very little if any vegetation management accomplished, resulting in the continuity of the growth, fuel. There is a considerable amount of deadfall, standing dead and dead growth on living trees on the property and this should be managed as described in my recommendations below. 17 GAMBA DRIVE, GLENWOOD SPRINGS, COLORADO B 1 C 01 PRONE (970) 3791E53 / firesafe@sepris.net Vegetation Management and Modification Recommended: 1. For a distance of 15-feet around the proposed house and beyond the furthermost projection of combustible construction the area should be of primarily noncombustible hard scape surfaces, low growing perennials, flowerbeds, cut grass and deciduous, well -trimmed and irrigated plants. Woody vegetation should not be planted within this area. Firewood or other combustible materials should not be stored within this area. If the owner would like to retain any of the trees near the house, this may be done if the 15-foot area is extended outward from the furthest growth expected from the mature tree(s). In other words, these trees should have defensible space as the house does. 2. Beyond the 15-foot area and up to 45-feet (or to the property line where less than 45- feet), maintain natural and/or irrigated grass at less than 6-inches and thin existing trees and brush into individuals or clusters. Oak and service berry should be thinned and clustered. Limbs of trees in this area should be pnzned to one-half the height of the tree, one-third the height of the tree for any conifer, or 10-feet above ground, whichever is less. No brush or shrubs which, when mature, will be tall enough to act as ladder fuel should be provided or maintained around the trees in this betweenl5 and 45 foot (or less if a property line is encountered) perimeter. Clusters of bushes or shrubs should be separated from each other and from those beyond the 45-foot area by a distance of 2 '/2 times the height of the mature vegetation. The diameter of a cluster should be limited to 2 1/2 times the height of the mature vegetation. As an example: If the expected mature height of the vegetation is 10 feet then the diameter of the cluster should be no greater than 25 feet and the distance between clusters should be greater than 25 feet. Ideally the plant material growing between trees and clusters of bushes or shrubs is grass maintained at 6-inches or less. Thin and remove lower branches of brush or shrubs within clusters or individual plants to eliminate ladder fuel. Most of the shrubs that will be cut are vigorous sprouting plants and with the approval of Pitkin County and the property owner the cut ends may be treated with a product named Garlon® or an equivalent by a person licensed to apply herbicides so as to prevent regeneration. Cut materials should be either removed or chipped and spread. 3. Remove or chip all standing dead and deadfall on the property. The area below the location of the proposed house has a considerable amount of standing dead and deadfall and the removal of this coupled with the thinning of live growth should provide for healthier growth and better slope stability. 000010 New Construction: I recommend that the design, materials and construction of buildings conform to the design features and materials required by Pitkin County for safe construction in a severe wildfire hazard area as restated below: Pitkin County has adopted Structural Design and Construction Requirements. The following are paraphrased from the Pitkin County Land Use Code, Chapter 7, Section 7- 20-60, Wildfire Hazards, and may not contain the exact language but it is intended to be consistent with the intent and purpose of the Pitkin County Requirements. Projections: Eves and other projections should be kept to a minimum on the down slope side and on cross slope sides and should not have ventilation openings unless the design and configuration of the openings are specifically approved by Pitkin County. Projections may include, but are not limited to eaves; cornices; soffits; roofs over open decks, cantilevered floors; bay windows; decks or balconies. Projections may cause heat traps and any to be included in the construction should be protected as follows: Any projection including guardrails should be constructed with materials approved for one -hour fire -resistive construction or Type IV Heavy Timber construction materials per the currently adopted building code. Projections should be constructed so that they do not trap, hold or retain leaves or debris that may be ignited by burning brands carried by air currents from any fire in the area. An alternative construction for projections may be permitted provided they are constructed of non-combustible building materials or materials with a flame spread rating of less than twenty five (<25 tested to ASTM E84) and listed for exterior use. Areas below such projections must be void of vegetation or other combustible materials. The areas below these projections shall be protected from accumulation of vegetative materials by placement of a vegetative barrier covered with rocks or gravel or shall be concrete or stone. There shall be no storage of combustible materials under projections. The walls under these projections shall be constructed of materials approved for one -hour fire -resistive construction on the exterior side of the wall. Window openings in walls below projections shall be tempered glass. Doors shall be noncombustible or one and three -fourths inch (1 3/4") solid wood. Windows and Glass: Glazed openings shall be provided with closing, solid, exterior non-flammable shutters or shall be of tempered glass. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum of one -hour fire -resistive rating ground level to roofline, 5/8" gypboard underlying combustible materials or cement stucco with a minimum thickness of/4". Exterior doors shall be noncombustible or one and three -fourths inch (1 3/4") solid wood. 3 000011 Foundation: Foundations, skirting and crawl -space openings shall be fully enclosed and constructed with materials approved for one -hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Roofs: Roofs shall be constructed with a Class A roof assembly as defined in the 2003 International Building Code (IBC) Section 1505.2. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. 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 listed for installation as a part of the Class A roof assembly. 2. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. 3. All roof designs shall facilitate the natural process of clearing the roof of debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4. Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a building permit application. 6. Vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth - inch (1/ ") maximum. Maintenance: 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash and flammable materials and debris. 3. All flammable materials shall be stored on a parallel contour a minimum of fifteen -feet (15') from any structure. 4. Weeds and grass within the fifteen -foot (15') perimeter and under trees, bushes and brush shall be maintained at a height of not more than six -inches (6"). Miscellaneous: I. Firewood/woodpiles shall be stacked on a parallel contour a minimum of fifteen - feet (15') from any structure. 2. Non -saltwater Swimming pools shall be accessible to the Fire Department. 3. Fences shall be kept clear of brush and debris. 4. Wood fences shall not connect to structures. 5. Any outbuildings or additional structures shall adhere to the same standards described herein. 6. Each structure shall have a minimum of on one ten -pound (10#) Class ABC fire extinguisher. 7. Addresses shall be clearly marked with two-inch (2") noncombustible letters and shall be visible at the primary point of access from the public or common access road and installed on a noncombustible post. 4 0001112 I also recommend review and consideration of a publication titled "Firewise Construction Design and Materials" available from the Colorado State Forest Service. If you have comments, questions or require additional information please contact me. Sincerely, r Art Hougland NOTICE: This Wildfire Ha and Mitigation Analysis along with observations and recommendations is intended to be an aid to the owner, architect and vegetation management and/or landscape design and implementation professionals in the development of defensible space and of fire wise construction documents. The review of the existing wildfire hazard potential on this property and the observations and recommendations for the mitigation of these hazards does not constitute an acceptance of any responsibility by Hougland & Associates for errors, omissions or discrepancies. The behavior of wildfire is acknowledged to be capricious in nature. Hougland & Associates does not proclaim that circumstances, including improper maintenance, may not arise that would permit wildfire to overwhelm the mitigation measures recommended or implemented. Observations and recommendations are intended to be collaborative with wildfire hazard mitigation guidelines of the Colorado State Forest Service and of other nationally recognized standards and are intended to be constructive and in support of the owners interest and safety. 5 "0013 BOCC REGULAR MEETING FEBRUARY 12, 2014 Second Reading and Public Hearing of Resolution Approving the GSM Aspen LLC Subdivision Exemption for a Major Plat Amendment, Activity Envelope, and Site Plan Review — MOTION TO APPROVE Staff: Mike Kraemer, Planner Applicant: GSM Aspen LLC Representative: Charles Cunniffe Architects Memorandum from Design Workshop to Mike Kraemer dated February 5, 2014, Subject: Summary of February 4th meeting with Pitkin County on the above item. Design Workshop. Inc. Landscape Architecture Land Planning Urban Design Strategic Services a Meeting 0 Telephone 0 Conference Call Memorandum To: Mike Kraemer From: Design Workshop Date: February 5, 2014 Project Name: 200 East Reds Road Residence Subject: Summary of February 4th Meeting at Pitkin County To Mike Kraemer, Planner of Pitkin County, Thank you for the opportunity to review the site program proposed on Lot 6 of 200 East Reds Road. The following is a summary of the design intent we discussed related to the outdoor living terrace. The position of the outdoor living terrace was located on Lot 6 according to three main criteria: 1. The HOA requested we located proposed site program on Lot 6 in a manner which does not block views from above properties. 2. The HOA requested we preserve the existing lawn meadow and the existing gamble oak grove. 3. The design team and home owner decided to locate proposed site program within the footprint of the existing Lot 6 house to the greatest extent possible. Portions of the existing site elements and proposed outdoor living terrace are located in the 30' rear yard setback. The proposed improvements do not extend further than previously disturbed areas. Previously disturbed areas include the existing house, driveway, walls and a 4' construction offset which is the minimal area that would have been disturbed in construction of the existing improvements. The proposed site improvements are reducing the existing non -conformity and can be compared through the area of development in the setback. The table below describes existing non -conformities in the setback (house/foundations/decks/roof) to proposed non -conformities in the setback (pool/patio). Existing Non -conformity in the Setback Proposed Non -conformity in the Setback Area I,136SF 983 SF The proposed development occurring in the setback is substantially lower in height and does not increase the massing of the non -conformity. The proposed pool development in the setback does not include any roof or trellis structures and as can be seen in the attached photos this will be a significant reduction in height as compared to the existing house and associated decks and roof overhangs in the setback. Section 9-4-30: Extensions of the Pitkin County Land Use Code states: (a) General a. Except in the VC and VR zone districts, a non -conforming structure shall not be extended by an enlargement or expansion that increases the non -conformity. A non -conforming structure may be extended or altered in a manner that does not change or decrease the non -conformity, except pursuant to Sec.9-50. The proposed improvements do extend into the 30' rear yard setback; however, the improvements do not extend past the areas previously disturbed in the setback and therefore do not increase the non- conformity. Section 9-40-60: Destruction or Demolition A non -conforming structure that is demolished or destroyed to any extent may be restored as of right regardless of the extent of demolition or destruction to the standards of Secs. 9-50 or 9-60, whichever is applicable. The existing residences and associated improvements will be demolished and replaced with the proposed site improvements. The proposed site improvements will not extend beyond areas previously disturbed. Section 9-50-20: Restoration without Significant Changes (c) Restoration, Repair. Reconstruction, Replacement, Remodel, and Additions to Legal Non -conforming Structures A legal non -conforming structure may be expanded,repaired. restored, reconstructed, replaced, or remodeled as long as the activity does not increase the non -conformity. Prohibited enlargement of the non -conformity shall include, but not limited to: expansion of the gross floor area where the floor area for the zone district has been the mass of the existing structure in to the setbacks, including an increase in the mass of the existing structure within the setbacks; expansion of the structure into any other area where the development standards or the building codes prohibit development. Expansion of the structure into the setbacks, including an increase in the mass of the existing structure within the setbacks is prohibited, except in riparian/ wetland setbacks, in which height and bulk may be added to an existing residential structure with no change to the exiting footprint of the structure, subject to compliance with the following criteria: The proposed site improvements will replace the existing home and associated site work with no increase to building gross floor area, mass or expansion into the 30' rear yard setback. No riparian/ wetland setbacks are associated with the property. AV12i3A0 DNIISIX3 VANLOH RESIDENCE LOTS 5 AND 6 200 E. REDS ROAD RED MOUNTAIN RANCH SUBDIVISION PITKIN COUNTY, COLORADO 1103'dO H SXUOM N OIS3 0 MMM alqWED pa iasaid a ra 0 d eL CD ra g co "Dm (I) CD a a CID a cn 06) Q O CD V a CD rf (woo .b Di .S'£) lood spooMuo}IoG mien CD O U, a CD sadolS %0£ 10 pu3 Y YP i A •4 1 a CD rI ) Q CD CD C7 O CD V= V Q CD aigwe9 panuasaid (Uldaa ,p o1 ,s £) food spoomuouo3 anew ap!sll!H !EC) aA!ieN sadols %OE to Pu3 30' Rear Yard Setback Edge of Existing Improvements Property Line • I • 4 Y4 Y • { f,� ,704 L 401 gEN:1=iamo -Zak • ! r LT!tP• ;214111r.,h.pigialCie: `4-114,60' • • • L'Irr. t • 1 r •S• ra. ••11C: "••- E. • ••,1 t • • j .••• r.. N1 O -o m a C 0 S m N m I d k 3A1103dS83d lllHdfl-DN11SIX3 v 3AI103dSH3d 3A3 5,0818 - JNIISIX3 (ft m