The URL can be used to link to this page

Home My WebLink Aboutbocc.res.070.2014RECEPTION#: 611527, 07/01/2014 at 01:19:19 PM, 1 OF 5, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQN COUNTY, COLORADO, APPROVING THE GLOBE LODE (ROBERT ANDREW WILLIAMS REVOCABLE TRUST) MINOR AMENDMENT, ACTIVITY ENVELOPE, SITE PLAN REVIEW, SPECIAL REVIEW FOR DEVELOPMENT IN THE RURAL/REMOTE ZONE DISTRICT, AND EXPANSION OF A NON -CONFORMING STRUCTURE Resolution No. 01014 RECITALS 1) Robert Andrew Williams Revocable Trust (hereafter "Applicant") has applied to the Board of County Commissioners of Pitkin County ("BOCC") for the following: A) Activity Envelope amendment to accommodate the remodel of the existing cabin and a new site for the additional dwelling unit that was approved in 2009. B) Site Plan Review approval for the remodel of the cabin. C) Special Review approval to allow the Activity Envelope to exceed one-half acre (proposed to be 0.53 acre). D) Expansion of a non -conforming structure to exceed the allowable Floor area to allow a total of 2,258 square feet of floor area, including the existing and proposed cabins. 2) The property is located at 250 Lower Hurricane Road, and is more described as the Globe Lode, USMS No. 6987, Highland Mining District, County of Pitkin, State of Colorado. 3) The parcel contains 8.4 acres and is a nonconforming size parcel in the Rural/Remote zone district. 4) The Planning Commission granted 1041 hazard review approval, pursuant to Resolution No. 85-21. The existing cabin was constructed in 1987. The property was rezoned to Rural/Remote in 1994. The BOCC denied a previous request to extend the electric line, pursuant to Resolution No. 074-2001. 5) Pursuant to Resolution No. 074-2009, the BOCC granted the following approvals A) Activity Envelope to encompass the existing cabin and associated development, and the eventual development of an additional dwelling unit restricted to Resident Occupancy. B) Site Plan Review for a buried water tank. C) Special Review and Site Plan Review to extend an electric service line to the property. D) Special Review and GMQS Exemption for a new 562 square foot deed -restricted dwelling unit. E) Special Review to establish setbacks in the Rural/Remote zone district. 6) Pursuant to Resolution No. 085-2013, the BOCC granted an extension of the vested rights associated with Resolution No. 074-2009 to October 23, 2016. 7) The BOCC heard this application at a duly noticed public hearing on June H, 2014, at which time evidence and testimony were presented with respect to this application. 8) The BOCC finds that the request complies with the applicable provisions of the Land Use Code ("Code"), as follows: Resolution No. d 102014 Page 2 A) The amendments to the Activity Envelope are consistent with the prior approvals and do not encroach on constrained areas, and are otherwise consistent with the minor amendment criteria in Sec. 2-20-150(b) of the Code. B) The proposed minor variation of the one-half acre limitation on the activity envelope to 0.53 acres complies with the Special Review standards in Sec. 2-30-30(h)(2) of the Code. All development on the property will be contained within the envelope, and a large portion (7,500 square feet) of the envelope is occupied by the existing driveway. C) The property is not visible from Castle Creek Road, and, therefore, is not subject to the scenic view protection review standards. D) The proposed expansion of a non -conforming structure complies with the standards of Sec. 9-50- 30 of the Code. It is appropriate to allow the existing basement of the cabin to remain at its existing height and count as floor area, rather than to fill the basement with dirt/gravel to leave 5'6" or less of height and to raise and re -install all of the mechanical equipment in the basement, as long as the basement remains in an unfinished condition. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Globe Lode Activity Envelope, Site Plan Review and Special Review, 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 current and prior applications and in public meetings or hearings. Those representations shall be conditions of approval, unless amended by other conditions. 2) The conditions of BOCC Resolution Nos. 074-2009 and 085-2013 shall remain in full force and effect, except as amended herein. 3) Prior to submission of any further development permit applications for the property, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. The Applicant shall designate the approved setbacks on the plan: 30' front yard setback (west property line); 35' rear yard setback (east property line); 5' side yard setback to replace the water tank and 20' side yard setback for above -ground improvements (north property line); and 100' side yard setback on the south side. 4) The parcel is exempt from Growth Management for up to 2,258 square feet of floor area: 1,000 square feet on the main level and 658 square feet on the lower level of the cabin; and 600 square feet for the additional deed -restricted dwelling unit. The lower level of the cabin shall remain in an unfinished condition, as shown in Exhibit A, and shall not be finished or used as habitable space. 5) Concurrent with submission of building permit application to remodel the cabin, the Applicant shall: A) Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. B) Demonstrate that the existing on-site wastewater treatment system is adequate. C) Complete a fireplace/woodstove registration form with the Community Development Department, if applicable. D) Submit a drainage and erosion control plan for review and approval by the Planning Engineer. E) Submit a construction management plan for review and approval by the Planning Engineer. Resolution No. U M2014 Page 3 F) Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. G) Submit a landscaping and tree removal/mitigation plan. 6) Prior to issuance of the building permit to remodel the cabin, the Applicant shall: A) Pay the applicable road and employee housing impact fees. B) Obtain an access permit to improve the existing driveway to current County standards, if required. C) Obtain the necessary permits to bring the basement space and systems into compliance with the current building code. The decommissioned wood -fired boiler shall be removed from the basement. 7) Condition No. 9F of Resolution No. 074-2009 shall be replaced with the following: Water Supply for Fire Safety: Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a dry hydrant approved by the Aspen Fire Protection District. The lot shall have a minimum 5,000 gallon underground water storage tank. In-house sprinkler systems are not required. 8) Areas disturbed by construction shall be re -vegetated within one growing season of the project's completion. 9) 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. 10) Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. Resolution No.6 qO 2014 Page 4 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 8°i day of May, 2014. APPROVED this 1 V" of June, 20014. Jones, Clerk to ED AS TO CONTENT: Lq Ainouben Community Development Director P026-14; PID 0291112100019 BOARD OF COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO By/� Robert A. Itmer, Jr., Chair APPROVED AS TO FORM: John EI rney § 2