HomeMy WebLinkAboutbocc.packet.09102014 - Sturz Staff MemoMEMORANDUM
TO: Board of County Commissioners
Regular Meeting September 10t, 2014
TIIRU: Cindy Hou?ieh, Community Development Director
FROM: Mike Kraemer, Plannerne
RE: Sturz, Extension of Vested Property Rights
SUMMARY: Pursuant to Section 2-20-170 of the Land Use Code, the Applicant is seeking an extension
of vested property rights for Lot 6 of Sopris Mountain Ranch. The Applicant has indicated that a 3 year
vesting period is desired.
APPLICANT: Paul Sturz
REPRESENTATIVE: Man Richman
LOCATION: The Lot is generally identified as Lot 6 of the non-BOCC approved Sopris Mountain
Ranch Subdivision. PID #: 246528301004.
ZONING/LOT SIZE: The Lot is zoned RS-30 and contains approximately 35 acres.
BACKGROUND: The Lot is part of the 1991 comprehensive 1041 Hazard Review that applied to most
lots within the Sopris Mountain Ranch Subdivision. This comprehensive 1041 established building
envelopes within Sopris Mountain Ranch with the caveat that residences could not obstruct ridgelines as
viewed from West Sopris Creek Road. Unfortunately, any size residence constructed within the approved
Lot 6 building envelope would have obstructed a ridgeline. In effort to attain relief, the Applicant requested
an amendment to this ridgeline requirement which the BOCC denied, citing that another place on the
property existed where development could occur without obstructing a ridgeline. This site is on the
northern portion of West Sopris Creek Road.
After this denial, the Applicant submitted an administrative Site Plan application for a site north of West
Sopris Creek Road. With this Site Plan request, the Applicant proposed a height limit of 21' to the midpoint
of the future residence and 20' to the midpoint of the future garage. With these limitations and appropriate
siting of the future buildings, the ridgeline was not obstructed, and Staff was able to approve the application
pursuant to Administrative Decision No. 70-2008. Concurrently approved with the Site Plan application
was a Board of Adjustment Resolution that approved a variance for a decreased front yard setback. This
variance was memorialized as Resolution No. 13-2008. A building permit was not applied for within the
vesting period of these approvals and the Applicant subsequently applied for an extension of vested rights
application to extent the vesting period for three (3) years. This request was approved by the BOCC
pursuant to BOCC Resolution No. 079-2011. Vesting for this approval expired on August 10, 2014.
The previous 1041 Hazard Review, BOCC Denial Resolution, Administrative Decision, Board of
Adjustment Vanance, and BOCC Extension of Vested Rights Resolution can all be viewed in the
Applicant's submittal.
Page 1 of 3
000001 0T-R_
At this time, the vesting period from the 2011 extension approval has expired, however, this application was
filed prior to expiration of the vesting period.
REFFERALS: Staff referred the application to the Sopris Mountain Ranch HOA and the Emma
Caucus. Comment were not received from either entity.
STAFF COMMENTS:
VESTED RIGHTS EXTENSION: Pursuant to section 2-20-170(d)(1), the BOCC shall consider the following
criteria in reviewing a request for a reinstatement of vested property rights:
a. The applicant's compliance with any conditions requiring performance prior to the date of
application for extension or reinstatement of vested rights.
Response: To date, the Applicant has shown compliance with all applicable conditions in previous land
use approvals and permit submittal. There were not dates for performance that were needed prior to the
date of the application for extension of vested rights.
b. The progress made in pursuing the project to date, including the effort to obtain any other
permits, such as building permits, and the expenditures made by the applicant in pursuing the
project.
Response: The Applicant has recorded a site plan in association with Administrative Decision No. 70-
2008. This site plan was recorded at BK88 PG 90. The Applicant also obtained a setback variance from
the front yard setback pursuant to BOA Resolution No. 13-2008. These approvals and recorded site plan
are in effort to ultimately submit a building permit application. As mentioned earlier, the Applicant
made considerable efforts to find an appropriate building site that would not obstruct a ridgeline from
West Sopris Creek Road. After numerous land use applications, an appropriate building site has been
located and was approved. This building site, with certain height limitations, will not obstruct a ridgeline
and can be approved again if a future Site Plan application were submitted for Staff review.
c. The nature and extent of any benefits already received by the County as a result of project
approval, such as impact fees or land dedications.
Response: Impact fees have not been exacted by the County at this time but will be exacted at building
permit review. There are no necessary land dedications.
d. The needs of the County and the applicant that would be served by approval of the extension or
reinstatement request.
Response: The Applicant has represented that there is no request to change the previous development
approval and states that there have been no changes to the Land Use Code that would alter the outcome
of a similar development application submitted in lieu of an extension of vested rights request. Staff
feels that the Applicant has portrayed this scenario accurately.
The Applicant has not offered any additional concessions with this request and states that concessions
were previously made in the 2008 Administrative Decision. These concessions were in the form of an
amended Activity Envelope location and building height reductions in effort for the future residence to
not obstruct a ridgeline as viewed from West Sopris Creek Road.
000002
Page 2 of 3
e. The Board shall also take into consideration the length of any appeal process or litigation and
the subsequent effect of a lessened vesting period for property rights.
Response: Not applicable.
RECOMMENDATION: Staff recommends that the BOCC adopt a motion to approve the Sturz Extension
of Vested Rights application subject to the attached draft Resolution.
ATTACHMENTS:
A. None.
Application provided separately
Puke 3 of 3
000003
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE STURZ REQUEST FOR AN EXTENSION OF VESTED
REAL PROPERTY RIGHTS
Resolution No. -2014
RECITALS
1. Paul Sturz ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC")
to request a 3 year extension of vested property rights.
2. The Lot is located off West Sopris Creek Road and is generally identified as Lot 6 of the non-BOCC
approved Sopris Mountain Ranch Subdivision. PID # 246528301004 (Legal Description,
Attachment A).
3. The Lot is zoned RS-30 and contains approximately 35acres.
4. Lot 6 is part of a conglomerate 1041 Hazard Review for Sopris Mountain Ranch pursuant to BOCC
Resolution 91-171 (Reception No. 348646). Lot 6 could not comply with the ridgeline condition in this
Resolution and requested an amendment to the Resolution. The BOCC denied this request pursuant to
Resolution No. 78-2007 (Reception No. 544549) citing that another area was available on the property
to develop that would not obstruct a ridgeline. After this denial, the Applicant submitted an Activity
Envelope and Site Plan application for this area, north of West Sopris Creek Road. Certain concessions
were made in this application in the form of reduced building heights. This approval was recorded at
Administrative Decision No. 70-2008 (Reception No. 551568). The Site Plan associated with this
approval was recorded at BK 88 PG 90. A variance was granted from the front yard setback of the Lot
pursuant to BOA Resolution No. 13-2008 (Rec. No. 554016). In 2011, the Lot received approval for an
Extension of Vested Rights pursuant to BOCC Resolution No. 079-2011. Vesting for this approval has
expired.
5. The BOCC heard this application at a duly noticed public meeting on September 10th, 2014 at which
time evidence and testimony were presented with respect to this application.
6. The BOCC finds that the proposal has shown compliance with section 2-20-170(d) of the Code and
further finds that extending the vested rights for the approval will not violate the current Land Use Code
if conditions outlined below are adhered too.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Sturz Extension of Vested Rights for a 3 year period subject to the following
conditions:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
000004
2. All provisions of Administrative Decision No. 70-2008 (Reception No. 551568) and the Site Plan
recorded at BK 88 PG 90 shall remain in effect for the vesting period specified in condition #3 with
the following addition:
"The future residence shall be limited to 21' in height measured to the midpoint of the
roof The future garage is limited to 20' in height measured to the midpoint of the roof
3. 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. Vested rights shall expire on September 10th, 2017.
4. As authorized by Pitkin County Land Use Code Section 2-20-170(d), Lot 6 shall remain exempt from
the activity envelope and site plan review requirements of Section 7-10-50 of the Land Use Code
until the vested rights, as extended by this Resolution, expire. If at building permit submittal, the
proposed development is not consistent with the previous Administrative Decision described above
in Condition #2, further review may be required.
5. Failure to comply with the conditions of this approval may result in revocation of permits.
Resolution No.
Page 2
-2014
00000J
APPROVED on the 10th day of September, 2014.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jennete Jones, Robert A. Ittner Jr., Chair
Clerk to the BOCC
Date:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely,
County Attorney
Case #P067-14
PID: 246528301004
Resolution No. -2014
Page 3
(ki\NZlit-
dy ouben,
Community Development Director
Resolution No.
Page 4
Attachment A
Legal Description
Subdivision: SOPRIS MOUNTAIN RANCH Lot: 6 Section: 28
Township: 8 Range: 87 PARCEL 6 PARCEL OF LAND IN SEC
28-8-87 BK 30 PG 29 BK
702 PG 725 PARCEL CONT 52.0 AC LESS 2.92 AC— NET 49.17
[AC & AREA 49.17 AC AKA PARCEL 6
-2014
000007
ALAN RICHMAN PLANNING SERVICES, INC.
P.O. BOX 3613
ASPEN, COLORADO 81612
970-920-1125
August 4, 2014
Mr. Michael Kraemer, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: STURZ EXTENSION OF VESTED RIGHTS
Dear Mike,
This is an application requesting a three year extension of the vested rights previously
granted to Parcel 6, Sopris Mountain Ranch. The property is a vacant lot located along
West Sopris Creek Road, adjacent to the primary entrance to the Ranch (as shown on
the enclosed vicinity map). Its Parcel ID# is 246528301004.
The application is being submitted by Paul and Laurie Sturz, the owners of the property
(hereinafter, "the applicants"). A legal description and proof of ownership of the property
is provided in the Commitment for Title Insurance, attached hereto as Exhibit #1. The
applicants are being represented by Alan Richman Planning Services for this application.
A letter from the applicants confirming this arrangement is attached as Exhibit #2.
Staff issued a pre -application conference summary form for this proposal (see Exhibit #3,
Pre -Application Conference Summary). In that document staff indicates that the
development review procedure established by the Pitkin County Land Use Code to
accomplish this request is as follows:
Extension or Reinstatement of Vested Property Rights, pursuant to Section 2-20-170
(d) of the Land Use Code.
The following sections of this application identify the provisions of the Land Use Code
applicable to this procedure and provide responses to the applicable County standards.
First, however, a brief description of the previous approvals granted to the property and
an explanation of the reasons for the proposed extension request are presented below.
0000010f37
Mr. Michael Kramer
August 4, 2014
Page Two
Property Description/Summary of Prior Approvals
Parcel 6 of the Sopris Mountain Ranch is 52.16 acres in size and is zoned RS-30, making
it a conforming sized lot of record. The subject property is one of a large group of Tots on
the Ranch that were granted 1041 and General Submission approval by the Board of
County Commissioners pursuant to Resolution 91-171 (see Exhibit #4).
The vicinity map shows that Parcel 6 is an irregularly shaped parcel of land that is located
along West Sopris Creek Road, approximately 3.5 miles west of the intersection of West
Sopris and East Sopris Creek Roads. The lot is actually split by West Sopris Creek
Road, lying on both the north and south sides of the road.
The vast majority of the lot is located to the south of West Sopris Creek Road. This area
is a broad open meadow that is part of the irrigated lands that characterize the entry to
Sopris Mountain Ranch. This meadow is located immediately past the common ranch
buildings and the entry to the Ranch.
The remainder of the lot is located to the north of West Sopris Creek Road and is
separated into two distinct areas. The more western of these areas is where the original
building envelope for Lot 6 was designated. It is a moderately steep hillside area. The
other area to the north of West Sopris Creek Road is a small, relatively flat natural
meadow, bordered by a dry gully. There is an old building foundation present in this area
from a structure that was once located here, demonstrating that the area has previously
been used.
The applicants first submitted an application to Pitkin County concerning this property in
2006. The purpose of that application was to amend condition A.8 of Resolution 91-171,
which reads as follows:
"No rooflines shall protrude above ridgelines as viewed from the County
road right-of-way."
The applicants had conducted studies of the original building envelope and determined
that it was virtually impossible to construct a livable residence within that envelope while
complying with this condition. In order to comply with the ridgeline condition, the
applicants would have had to dig down a minimum of 9 feet below natural grade. The
applicants would have also been required to limit the house to a very low one story
configuration, with an approximate maximum roof height of 15 feet. The site also would
not have accommodated the 5,750 sq. ft. of floor area allowed by the zone district (which
is already considerably less than the 15,000 sq. ft. of floor area that was permitted when
the applicants began working with the County on this lot).
000002
Mr. Michael Kraemer
August 4, 2014
Page Three
The amendment was considered by the Board of County Commissioners in September,
2007. The Board denied the request (see Exhibit #5), finding it to be inconsistent with the
County's scenic review standards. During the consideration of the application, the staff
advised the Board that there was another location on the property to which the envelope
could be moved that would allow development to proceed without breaking the ridgeline.
Therefore, the Board decided to leave the ridgeline condition in place.
The applicants studied the alternative building site and submitted an application to move
the original building envelope into this area and to obtain site plan approval to develop a
single family residence and accessory uses within the revised envelope. During the
review of the activity envelope and site plan application, you and I went to the site and
placed a height pole within the envelope, near the center of the proposed house footprint,
intended to simulate the proposed height to the peak of the pitched roof. The applicants
had agreed in the application to limit the height of the residence 21' (measured to the
mid -point of the roof) whereas the Code would permit a 28' height. We drove along the
road and saw that the pole at this height did not break a ridgeline. This exercise verified
that the location chosen for the house and the height limit voluntarily placed on it by the
applicants would prevent it from breaking a ridgeline as viewed from the public road.
The amended envelope and site plan application was approved by the Community
Development Director pursuant to Administrative Decision No. 70-2008 (see Exhibit #6).
Immediately after receiving the land use approval, the applicants submitted an application
requesting a rear setback variance for the residence and garage. The exercise that we
had conducted with the height pole demonstrated that if the house were moved forward in
the envelope, toward the road, it would be perceived to break the ridgeline due to the
angle at which an observer would look at the structure. The variance was needed to keep
the house far enough back from the road that the ridgeline penetration could be avoided.
The variance was granted by the Board of Adjustment pursuant to Resolution 13-2008
(see Exhibit #7).
The vested rights from the original approval were due to expire on July 24, 2011.
However, in June of 2011 the applicants submitted a request to extend the vested rights
for three more years. That application was considered by the Board of County
Commissioners on August 10, 2011 and was approved pursuant to BOCC Resolution No.
079-2011 (see Exhibit #8), thereby extending the vested rights to August 10, 2011.
000003
Mr. Michael Kraemer
August 4, 2014
Page Four
Standards for Extension or Reinstatement of Vested Rights
Section 2-20-170 (d) of the Land Use Code authorizes the Board to extend or reinstate
vested property rights for a period of up to three (3) years. This section provides that a
development that is granted an extension or reinstatement of vested rights shall conform
to the provisions of the Land Use Code in effect at the time of reinstatement unless the
Board explicitly authorizes an exception from the current Code provisions. The applicants
do NOT request any special Code exceptions and hereby agree that the development
planned for the property will conform to the provisions of the Land Use Code now in
effect.
Section 2-20-170 (d) also requires that a request for extension/reinstatement be made
within one (1) year of the date of the expiration of the development right. This
extension/reinstatement request has been submitted prior to August 10, 2014, thereby
complying with this requirement.
In deciding whether to grant the extension/reinstatement, the Board is required to
consider certain criteria. Following are the applicant's responses to these criteria:
(a) The applicant's compliance with any conditions requiring performance prior to the
date of application for extension or reinstatement of vested rights.
Response: The applicants have complied with those conditions listed in Determination
70-2008 and Resolution 079-2011 that are required to be met prior to the submission of a
building permit. Condition #3, requiring a site plan to be filed, was met in October, 2008.
The site plan is recorded in Plat Book 88 @ Page 90. The applicants also obtained a
setback variance from the Board of Adjustment in September, 2008. None of the other
conditions of approval have a performance deadline associated with them.
The applicants have no objections to any of the other conditions of approval and will
comply with those conditions prior to the issuance of a building permit.
(b) The progress made in pursuing the project to date including the effort to obtain any
other permits, such as building permits, and the expenditures made by the
applicant in pursuing the project.
Response: The applicants have been diligent in pursuing this project. Following the
progress described above, the applicants began work on building plans for the project.
Those building plans were nearly completed several years ago, lacking only review and
certification by an engineer before they can be submitted. In total, the applicants have
spent in excess of $100,000 on planning and architectural services and County
application fees necessary to pursue the project.
00O004
Mr. Michael Kraemer
August 4, 2014
Page Five
(c) The nature and extent of any benefits already received by the County as a result of
project approval such as impact fees or land dedications.
Response: Impact fees are due and will be paid at the time of building permit
submission. No land dedications were requested as part of the approval process.
(d) The needs of the County and the applicant that would be served by approval of the
extension or reinstatement request.
Response: When we first discussed the expiration of vested rights with staff, the
applicants asked whether they should re -submit the land use application or request an
extension. The applicants do not propose any changes to the original approval and there
have been no changes in the Land Use Code that would substantially change the
outcome of the process, so re -submission of the application seemed to make sense. But
as we discussed this further, you pointed out that there was no benefit to anyone for the
County to review this land use application again, since the outcome would be the same.
You suggested that in a case like this it made sense from both the applicants' and
County's perspective for a request to be made to extend the vested rights.
The applicants do not have any additional inducements left to offer the County to obtain
this extension. The most important public benefits the applicants have offered are to
move the envelope from its original location to the location first suggested by the staff and
County Commissioners in 2007 and to reduce the height of the residence to just 21' so it
will not penetrate the ridgeline. Those concessions were the basis for the original
application and they remain the applicants' commitments today. They accomplish the
desired public purposes which are to avoid having any development in the meadows (50
of the property's 52 acres will remain free from development) and to ensure that the
resulting development does not break a ridgeline as viewed from West Sopris Creek Rd.
The applicants have spent considerable time and money pursuing this project. In the
years immediately after the project was approved the downturn in national economic
conditions made it difficult for the applicants to realize their dreams for this property.
More recently, the applicants have been dealing with family health issues, initially
because they were providing care for an infirmed relative and now because Mr. Sturz will
be undergoing heart surgery at the same time this application is pending. These life
changing circumstances have made them realize they will be unable to build on this
property and so the property has been on the market. Despite having reduced the sales
price several times they have been unable to sell the property as the market in this
portion of Pitkin County has not yet recovered in the same manner as the market has in
the up -valley area. The applicants would greatly appreciate it if the Board would grant
them a three year extension of this approval so they can continue to work with potential
buyers and recoup at least some of the money they have invested in this land.
000005
Mr. Michael Kraemer
August 4, 2014
Page Six
(e) The Board shall also take into consideration the length of any appeal process or
litigation and the subsequent effect of a lessened vesting period for property rights.
Response: Not applicable.
Conclusion
I believe the above responses and the attached documents provide the information you
require to process this application. Please contact me if there is anything else you need.
Very truly yours,
ALAN RICHMAN PLANNING SERVICES
Alan Richman, AICP
EXHIBITS
000001
m+n
411.
o ( :oleo
:ON Qof
i
MAR...meld d..nloollt4.a.0
'7NI 'S31VI3OSSV P.e OLIVM
3N17 A1113dOied
,98ZSOt 3.LL.racO N
OU 8O100'A1Nf100 NI�lld
14ONV2i NIV.Nf1QV9 SleldOS
90N301S21 ZZif11S 3H1.
i
EXHIBIT #1
COMMITMENT
FOR TITE LE INSURANCE
SCHEDUI. Effective Date: 12/30/98 at 6:30 P.M.
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992
Proposed Insured:
PAUL STURZ
(b) ALTA Loan Policy --Form 1992
Proposed Insured:
Case No. B1133
Amount$ 427,000.00
Premium$ 599.00
Rate RE -ISSUE
Amount$
Premium$
Rate$
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in this Commitment is at the effective date hereof vested
in:
SHERRY DEUTSCHMAN
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of Colorado, and is described as follows:
See Attached Exhibit "A"
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY
Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1
23286 TWO RIVERS ROAD, #22 This
Cos mmitment
is invalid
BASALT, CO 81621
970-927-4993 provisions and Schedules
Fax 970-927-4096 A and B are attached.
0f00010
c.d 16g8-179L-t1,6
zjrIS 1 Iced 20V L t 90 9Z deS
EXHIBIT A
PARCEL NO. 6, SOPRIS MOUNTAIN RANCH, as shown on "the 1f0199Haz3 ardi�at
Review & Lot Line Adjustment Plat recorded January
Book 30 at Page 29 and being more particularly described. as follows:
A parcel of land being part of Tract 77 and being located in Section
28, Township 8 South, Range
87 Westd oaf
the
foll6th:Principal Meridian.
Said parcel is more fully
Beginning at a point on line 1--2 of said Tract 77 whence A.P.
1 of
said Tract 77 bears S 85°54' E, 396.04 feet; thence S 09°15' E,
' W,
thence N 11°45
1273.36 feet; thence S 60031'48" W. 1666.01 feet; then „ 29.45
277.46 feet; thence East 55.87 feet; thence N 18 38 50 W,
75
feet; thence N 11°02'S5" W 49.35 feet; thence N 01°09'21" E, ?0.37
feet; thence N 20°03'07" E 94.51 feet; thence N 32°55'40" E 50.06
feet; thence N 40°15'00" E, 135.66 feet; thence N 30°57'57" E 53.93
feet to the Southerly right of way line of the County Road; thence
e to
the feet althen the chord ofcof a curve which bears Sf65°52'341 W, 27.29ius feet; thence
the right,°0th
S 66°01'00" W, 95.40 feet; thence 81.26 feet along the arc of a
298.15 foot radius curve to the left, the chord 4offlwhifet,ear
chbs S
60°12'30" W 81.01 feet; thence S 52°24'00` W.
e
107.38 feet along the arc of a 404.32 foot radius to the right, the
chord of which bears S 60°00'30" E, 107.06 feet; thence S 67°37'00"
W, 49.55 feet; thence N 59°29'26" W, 82.59 feet; thence N 40°23'02"
W, 233.86 feet; thence N 01°38'48" W, 450.54 feet; thence S 81°49'00"
E, 638.31 feet; thence
oinOt°of'beginning. COUNTYt0FtPITKIN, STATE' OF"
96
E, 966.72 feet P
COLORADO.
UUuU11
zJnIS -1 InEd e08' L b 90 9Z
10
4011
elis
0110
106
11011
0
des !�
}, d t 6178-791.-ti 1.6
EXHIBIT #2
Mr. Michael Kramer, Planner
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: EXTENSION OF VESTED RIGHTS, LOT 6 SOPRIS MOUNTAIN RANCH
Dear Mike,
We are the owners of Parcel 6, Sopris Mountain Ranch. We hereby authorize Alan
Richman Planning Services to act as our designated representative with respect to the
land use application being submitted to your office for this property. Mr. Richman is
authorized to submit an application to extend the vested rights that were granted to this
property in 2008. He is also authorized to be our designated representative in meetings
with Pitkin County staff and the County's review bodies.
Should you have any need to contact us during the course of your review of this
application, please do so through Alan Richman Planning Services, whose address and
telephone number are included in the application.
Sincerely,
)1rt•L
Paul and Laurie Sturz
6 Autumn Ridge
Pound Ridge, NY 10576
U
EXHIBIT #2
Mr. Michael Kraemer
Pitkin County Community Development Department
130 South Galena Street
Aspen, Colorado 81611
RE: STURZ EXTENSION OF VESTED RIGHTS
Dear Mr. Kraemer,
We are the owners of Parcel 6, Sopris Mountain Ranch, located along West Sopris Creek
Road in unincorporated Pitkin County. We hereby authorize Alan Richman Planning
Services, Inc. to act as our designated representative with respect to the land use
application we have prepared for said property. Mr. Richman is authorized to submit an
application to extend the vested rights that were granted to this property in 2008 and
2011. He is also authorized to represent us in meetings with Pitkin County staff and the
County's review bodies.
Should you have any need to contact us during the course of your review of this
application please do so through Alan Richman Planning Services, Inc., whose address
and telephone number are included in the land use application.
Sincerely,
PQ.ae/
Paul and Laura Sturz
6 Autumn Ridge
Pound Ridge, NY 10576
L}0u013
EXHIBIT #3
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
LOCATION: Lot 6 Sopris Mountain Ranch PID#: 246528301004
ZONING: RS-30 SIZE: —35 acres
OWNER: Paul and Laura Sturz
REPRESENTATIVE: Alan Richman PHONE and EMAIL: 920-1125, arichman(a�sopris.net
DATE: July 30, 2014 PLANNER: Mike Kraemer, 920.5482
Type of Application: Extension of Vested Rights
Description of Project/Development: Pursuant to BOCC Resolution No. 079-2011 vested rights for the subject property
will expire on August 10th, 2014. The Applicant is looking to extend these rights.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-170(d): Extension of Vested Property Rights: Reinstatement of Development Approval
Staff will refer the application to the following agencies: Emma Caucus and Sopris Mountain Ranch HOA.
Review by: BOCC
Public Hearing: No.
FEES: $1,623(make check payable to "Pitkin County Treasurer")
■ Planning Office flat fee: $1,248(non-refundable; based on 4 hours of staff time. if staff review time exceeds 4.8 hours, the
Applicant will be charged for additional time above 4 hours at a rate of $3 l2/hour)
o Clerk Fee: $375
To apply, submit 6 copies of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing
compliance with the Code sections listed above;
2. Standards report as outlined in Section 2.2.3 of the Pitkin County Land Use Application Manual;
3. Previous Land Use Approvals (if applicable);
4. Proof of ownership of subject property;
5. Parcel description, including legal description and vicinity map;
6. Total fee for review of the application;
7. Signed fee agreement (1 copy);
8. Consent from owner(s) to process application and authorizing the representative (1 copy)
9. Copies of this pre-app form
NOTES:
r� PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE A PPLIC4 TION 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 staff's interpretations based upon representations of the applicant. Additional information may be
required upon a complete review of the application
Y The Pitkin County Land Use Code and Application Manual is available on-line at
http: //www. aspenpitkin. cons/depts/7/planting. cfnt
000014
EXHIBIT #4
61144
#346646 09/16/92 10;03 Rec'3.00 BK 600 PG 775
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
RESOLUTION OF THE PTTKIN COUNTY BOARD OF COUNTY COMMISSIONERS
APPROVING 1041, GENERAL SUBMISSION AND BOUNDARY LINE ;
ADJUSTMENTS FOR A PORTION OF THE SOPRIS MOUNTAIN RANCH TRACTS
RESOLUTION NO. 9-2_g ,.:.�
f County s'
WHEREAS, on December 10, 1991, the Board o�,'�;•
Commissioners (hereinafter the "BOCC") reviewed the Sopris Mountain
ss
Ranch application for 1041 Hazard Review, General Submission and ;'Q>
Boundary Line Adjustments for Lots 2 and 54 (non -collectively:
Parcel 54), 6, 10, 12, 13, 14, 15, 16, 17, 1B, 19, 20, 21, 22, 24, Y"
}'r
25, 31, 32, 33, 34, 36, 37, 40, 41, 43, 44, 45, 46, 47, 48, 52, and
53 of the Sopris Mountain Ranch tracts, which lots are included in
the Legal description, Lnd in Exhibit "A"; and
WHEREAS, the Pitkin County Planning and Zoning Commission
(hereinafter the "Commission") reviewed the application on
September 3,1991 and recommended approval with conditions; and
WHEREAS, the applicants represent 31 of the 50 tracts within
the Sopris Mountain Ranch tracts; and
WHEREAS, the combined application provides the County with the
ability to review the cumulative impacts of devrIopmtnt on
wildlife, wildfire and public services; and
HOW, THEREFORE, BE IT RESOLVED by the BOCC that they do hereby
grant approval to the following Sopris Mountain Ranch tracts (Lots
2 and 54 (non -Collectively parcel 54), 6, 10, 12, 7.S, 14, 15, 16,
17, 18, 19, 20, 21, 22, 24, 25, 73, 34, 36, 17, 40, 41,
43, 44, 45, 46, 4", 48, 52, and 53) for 1041 Hazard Review, General
r
4
ti•
IrA
4.
I ; ;
000015
000034-
j•
1
1
r
w
r •
'Nj�ili,-,�AR3;_�yi .N L�;� r `S.'i��� ;•T'hi/•
'; x',• `E��-•'i1 5?
#348646 09/16/92 10:03 Rec S.00 BK 699 PG 776
Silvia Davis, PLtkin Cnty Clerk, Doc s.QO
Resolution No. 92-
Page 2
Submission and Boundary Line Adjustments with the following
conditions of approval:
A. General Submission Conditions:
1. All utilities shall be buried within roadways.
2. Street names shall be clearly marked.
3. Prior to issuance of any building permits, the applicants
shall supply the Sheriff's Department and Fire District
with a final subdivision plat.
4. Prior to issuance of any building permits for lots
contained in this approval, the applicants shall
construct and have an operational 10,000 gallon cistern
or pond on Lot 14. The final design and construction of
the tank or pond shall meet the approval of the Basalt
Fire Protection District. The tank shall be buried and
the ground shall be revagetated within one year Of the
disturbance.
5. Two 10,000 useable gallons of water shall be provided
within cisterns, or ponds, and shall be located in
Sections 32 and 34. These shall be available for
wildfire and structural fire safety. Each water source
shall be clearly marked for emergency purposes. The
location, design and construction of these water sources
shall be approved by the Colorado State Forest Service
and Basalt Fire Protection District prior to issuance of
any building permits for lots covered by this approval
(see Condition #4 above for conditions regarding
revegetation). The tank shall be buried and the ground
shall be revegetated within one year of the disturbance.
6. Prior to issuance of any building permits for structures
located off newly constructed Road #7, the road and
driveways shall meet County approval. The road shall be
reviewed by the Fire District and State Forest Service
prior to final approval by- the County. The county
Planning staff and Engineering staff may approve the road
design; however, if any conflicts between the staff and
applicant arise, the issue shall be referred to the BOCc
for final resolution.
7. Two acres of Lot 54 shall be dedicated to the Fire
District for the purpose of creating a fire substation.
A specific plan for the substation and rezoning of the
parcel shall be required by the Fire District prior to
construction or approval of the use.
000016
000035
•
.ate• cyLi' �.+5 -�'�
•
.rti'•
• ••
;•1--• 4r ..y,,`E�Y..l'
.L..
#349646 09/16/92 10:03 Rec $.00 Erg 688 PG 777
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
7esolution No. 92-//1//
Page 3
8. No rooflines shall protrude above ridgelines as viewed
from the County road right-of-way.
9. The principal st'ur.tures on the upper Lots (numbers l.7
through 22, 24 and 25) shall be limited in size to 10,3C0
square feet of floor area. Those structures and all
other outbuilding:i or accessory structures on the lot
shall be reviewed and approved, prior to issuance of a
building permit, by the Division of wildlife based on
sensitivity to wildlife concerns.
10. Prior to Construction of the road or any home Sites
served by the new road (Lots 17 through 22, 24 and 25),
the applicants shall submit•a complete and comprehensive
drainage and erosion control plan to be reviewed and
approved by the County Engineer relative to new road V.
The County Planning staff and the Engineering staff may
approve the final plans; however, if a conflict arises
between the applicant and the staff, the issue shall be
brought before the HOCC for final resolution.
B. 4 1 1.d Ae w o t s:
1. wildfire:
A. The applicant shall abide by the following wildfire
requirements and, in addition, each homeowner shall
be required to complete a lot specific wildfire
management plan with the Colorado State Forest
service prior to the issuance of a building permit
(this ap lies to lots 10, 13, 15, 17, 19, 21, 22,
24, 25,t�. j 33, 34, 36, 37, 40, 42, 43, 44, 46).
The lot specific plan will allow each homeowner to
accommodate individual needs as well as accomplish
the fallowing requirements:
) 1) Na vegetative manipulation shall occur outside
of the established activity envelope. All
Wildfire mitigation which requires vegetative
manipulation must be accommodated within the
activity envelope as established.
2) None of the building envelopes shall be located
in draws, canyons or on slopes greater than
30%.
3) All of the structures shall incorporate
landscaping with wildfire defensible space
considerations as follows:
•
000017
000036 •
!�
,t
• 1 -
c'
.1
#34B446 09/16/92 10:03 Rec $.CEO BF 66B PG 778
Silvia Davis, Pitkin Cnty Clerk, Doc $.0+)
Resolution N. 92-1Y
Page 4
•.
018
000037
Vit
a) Brush, debris and non -ornamental
vegetation should be removed d minimum 10
foot perimeter around the structures.
b) Vegetation thinning and landscaping a
minimum of a 30 *oot perimeter around the
structures built on flat ground (fcr
increased slopes, refer to CSFS Safety
Zone chart, page 13 of the Wildfire Safety
Guidelines For Rural. Homeowners).
c) A minimum of a 10 foot tree crown or stand
separation within the 30 feet perimeter.
d) Pruning all branches from trees within the
30 foot perimeter to a height of 10 feet
above the ground and removal of ladder
fuels from around trees.
e) Trim all branches which extend over the
roof eaves and remove branches within 15
feet of the chimney,
f) Reduce the density of fuels within a 100
foot perimeter of the structures.
4) Roofing material shall be of a non-combustible
material. Only metal, asphalt, tile or Class
B Certi-Guard (registered brand name) Red Label
shakes and shingles utilizing Class B
construction techniques (1/2" minimum solid
sheathing) or better, shall comply with this
provision.
5) Any additional proposed buildings within the
building envelopes shall incorporate wildfire
hazard mitigation measures.
6) The Wildfire Management Plan shall be
incorporated into the covenants for the ranch
for the parcels included within this
application. Such covenants shall ensure that
the wildfire provisions are adequately
maintained by the homeownerF over time. A copy
of the revised covenants shall be submitted to
the Planning Office prior to issuance of any
building permits.
B. Fuel breaks shall be incorporated into all access
roadways within the subdivision where necessary.
The fuel breaks shall be 100 feet on each side of
rrr rl'.. ,lt/�~ =,•.J �: r`i �'. ^r•: �sY,.•,,y.::
7, •�'.� silo '''� �+:`•V▪ r • • t-•"",� / • 1 Twit....r - • �.��
8348646 09 / 16,'5'2 10:03 Rec $. 00 8K 688 PG 77/
Silvia Davis, Pitkin Cnty Clerk, Doc $.'00
Resolution No. 92-L21(
Page 5
the roadway. The applicants shall devise a plan far
such fuel breaks in association with
tln heshallrada
State Forest Service.
This pa
be
implemented prior to the issuance of building
permits for lots accessed off of the newly
constructed road i'7 (Lots 17-22, 24 & 25).
C. Each home shall be required to have a sprinkler
system. The design of such a system shall be
reviewed and approved by the Fire Distt_..t prior
final approval of a building permit.
d ad
D belowor medium hazard: 5
elhwere l 4 6,52 a e n53,determined12, 16, 14,
4145, 46, 47, 18, 20, and 21. These lots shall
provide a 10 foot clearing around the
e7o feet re plus
lus
a defensible space thinning shalle
structure. The defensible
so that patches are
reduce the density
lea trthan across,
no 10 feet of space between these patchesat
2. wildlife:
a. Prior to issuance of any building permits, the
applicants shall develop a Wildlife Management Plan
which shall be incorporated in all development
occurring within the subdivision. At a minimum, the
plan shall address the following
1) Centralization of trash receptacles and bear -
proofing of such areas.
2) Lir+ited hunting with primitive weapons.
3) Cattle management.
4) Timing of
tand
ac25struction of the homes on Lots
17-22r 24
5) Timelimitations
recreational activities the upperportion of the ranch Hay15through
June 21.
6) Futuro fences and replacement of existing
fences.
7) No dogs shall be allowed.
8) Maintain native vegetation outside of the
building envelopes.
00019
000038
1
.ti msn.A.
#348646 09/16/92 10:03 Rec 3.00 BK ii p6 7B0
Silvia Davis, Pitkin Cnty Clerk, Doc 3.00
Resolution No. 92-!
Page 6
9) Maintain 100 foot buffer along all creeks.
10) All horse grazing shall ba confined to the
lower pastures.
11) All utilities shall be buried within roadways.
12) No feeding of big game.
13) No fox/hound events from october 21 - June 21.
b. The map dated 6/4/92 indicates the approved building
envelopes for all lots covered by this application.
3. Ceolooic:
a. No homesites shall encroach onto 30%
b. The applicants shall be required to
following relative to new road 17:
1) All raCammendations made by Dr.
in his letter dated August 14,
C. Bqundary .Line Ad co
1. The applicants shall revise the deeds to lots which
required boundary line adjustments. In addition, a
revised plat shall be submitted for recordation prior to
the issuance of a bui]ding permit for lots covered by
this application. Lots which require boundary line
adjustments are:
1991.
Lot 6
Lot 13
Lot 16
Lot 17
Lot 18
Lot 19
Lot 20
Lot 22
Lot 24
Lot 25
Lot 40
Lot 41
Lot 45
Lot 46
Lot 49
Lot 52
slopes.
implement the
Nick Lampiris
1991.
Lots 2 and 54 shall merge.
APPRovEn by the Board at its regular meeting on December 10,
000020
000039
nr
fr
!IT 7gi • '
3.,
rj
W3413446 09/16/92 10:03 Rec 5.00 OK 688 P5 781
Silvia Davis, Pitkin Cnty Clerk, Doc 5.00
Resolution No. 92-01
Page 7
ATT
anette Jona
eputy Count' Clerk
APPROVE• AS TO FORM:
Timot itt,
Count ay
00021
000040
•
BOARD OF COUNTY COMMISSIONERS
OF P/TRIN COUNTY, COLORADO
By
Jim True, Chairman
Date 9— - 9 2---
APPROVED AS TO CONTENT:
cJ
Buz ne Kon han,
County Planning Director
1
EXHIBIT #5
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIUN COUNTY, COLORADO,
DENYING THE REQUEST FOR A MINOR AMENDMENT TO A DEVELOPMENT PERMIT TO ALLOW
A RESIDENCE TO OBSTRUCT A RIDGELINE
Resolution No.0 2007
RECITALS
Paul Sturz ("Applicant`'), has applied to the Board of County Commissioners of Pitkin County, ("BOCC"), pursuant
to Section 2-20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend condition A(8) of BOCC
Resolution No. 91-171 to allow a residence to be constructed within the approved building envelope and obstruct a
ridgeline.
I. The application was received after .luly 6th, 2006 and therefore is reviewed under the 2006 Land Use Code.
2. The property is zoned RS-30, contains approximately 52 acres, and is conforming in size.
3. Lot 6 of Sopris Mountain Ranch. NEW: 2465-283-01-004
4. Lot 6 is part of a conglomerate 1041 Hazard Review for Sopris Mountain Ranch pursuant to BOCC
Resolution 91-171 (Reception No. 348646). The Lot is currently undeveloped.
5. The Board of County Commissioners finds that the request to amend condition A(8) of BOCC Resolution 91-
171 is inconsistent with the requirements of Section 2-20-150(b), rnore specifically Subsection 7-20-120(d)(4)
of the 2006 Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that they
hereby deny the Sturz Minor Amendment to a Development Permit.
DENIED this 12th day of September, 2007.
APPROVED AS TO FORM:
John�F!-y
County Attorney
P1 D# 2465-283-01-004
P234-06
�Y22i2/5/0
OObQ41
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, CO a RADO
/1 II !!
By I1 b'[ flu/
Michael Owsley, Chai
Date /4 /o -41 7
APPROVED AS TO CONTENT:
LICkt
n y Houben.
Community Development Director
Pagel ofI
RECEPTION#: 544549, 12103/2007 at
09:35:52 AM,
1 OF 1, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
EXHIBIT # 6
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN
COUNTY, COLORADO, APPROVING TILE STURZ ACTIVITY ENVELOPE AND SITE PLAN REVIEW
Administrative Decision No. -200S
RECITALS
Paul and Laura Sturz ("Applicants") have applied to the Community Development Director of Pitkin County,
Colorado ("Director") for Activity Envelope and Site Plan Review for construction of a single family residence, a
detached garage with a bathing facility, and associated residential development.
1. The application was received after July 6th, 2006 and therefore is reviewed under the 2006 Land Use Code.
2. The property is zoned RS-30, contains approximately 52 acres, and is conforming in size.
3. The lot is identified as Lot 6 of Sopris Mountain Ranch. PID#: 2465-283-01-004 (Legal Description,
Attachment A).
4. Lot 6 is part of a conglomerate 1041 Hazard Review for Sopris Mountain Ranch pursuant to BOCC
Resolution 91-171 (Reception No. 348646). The Lot is currently undeveloped. The Applicants have an
approved envelope for the parcel, however a residence cannot be constructed within this envelope without
obstructing a ridgeline as viewed from West Sopris Creek Road. Subsequently the Applicants have submitted
this request to establish a new envelope.
5. Staff has conducted a site visit and found the request to avoid all constrained areas. All development will
avoid slopes > 30% and a gulch west of the proposed residence. The proposed residence and garage has been
setback 40' in accordance with an engineering report by Sopris Engineering, LLC dated March 26, 2008. The
residence and garage have been designed and sited so that they will not obstruct a ridgeline as viewed from
West Sopris Creek Road. The bathing facility within the garage is an approved use pursuant to section 4-30-
050(a) of the Code and the Applicant has shown compliance with this section.
6. The Emma Caucus, Sopris Mountain Ranch Homeowners Association, and Colorado Division of Wildlife
all commented on the application. All were in support with some conditions.
7. The Director finds that the request is consistent with the applicable sections of the Land Use Code.
APPROVED by the Director, subject to the following conditions:
1. The Applicants shall adhere to all material representations made in the current or prior applications or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2_ No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have
been conducted. These requirements will be considered at the time of building permit review. Structures
represented in the application might not be permitted under building and zoning regulations,
3. The Applicants shall be required to submit for approval by 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 Section 2.1.12. The above referenced approvals shall be a condition precedent to
finalization and recordation. The site plan shall be recorded prior to submission of any building permits. The
site plan shall show all locations of all development including locations for the septic field, well, and
structures.
l' 3 `J23
ii�Jv
RECEPTIONit: 551568, 08/01/2008 at
12:09:27 PM,
1 OF 6, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
4. At the time of building permit submittal, a landscape plan shall be submitted for review and approval by the
Community Development Director that shows all landscaping within the approved envelope. The landscape
plan shall also address condition #17(c) of this Decision.
5. No structural development, with the exception of fencing, in excess of 30" shall occur within the setbacks of
the Lot. Landscaping in the form of berms shall not exceed four 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. This approval does not insure approval of any subsequent 'variance requests.
6. The residence shall utilize earth tone colors and non -reflective roofing.
7. The residence is exempt from Growth Management up to 5,750 square feet of floor area.
8. The Applicant shall record a deed restriction in a form acceptable to the County Attorney, that ensures only one
dwelling unit exists on the Lot. This deed restriction shall be submitted at the time of a building permit submittal
and recorded prior to issuance.
9. Prior to issuance of a building permit application, the Applicants 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. If necessary obtain a County access/driveway/turnaround permit acceptable to the Basalt Fire Protection
District and County Engineer.
D. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. All slopes
steeper than 2:1 shall utilize erosion control blankets.
E. Submit a construction management plan for review and approval by the County Engineer showing the
locations of staging, material storage and employee and construction traffic parking.
F. Pay the applicable road and employee housing impact fees.
G. The Applicant shall provide proof of a legal water supply.
H. The Applicant shall submit for a septic permit with the Environmental Health and Natural Resources
Department for septic construction.
10. Defensible Space
Re -planting of vegetation shall adhere to the following:
A. No more than 3 coniferous trees may be planted within 30' of a structure.
B. Vegetation around the house shall be kept to less than 6" within 20' of the structures, aside from irrigated
forbs and grasses, clumps greater than 10' across of shrubby species (sagebrush) are not allowed.
C. Installed or native landscaping within 10' of the house should not contain any brushy species- only grasses
or forbs are allowed. Flammable mulches (wood chips) are not allowed within 2' of the house. Aspen
trees are allowed near the house, as long as they are not within 10' of the structure, and are kept limbed to
10' (unless the trees are less than 10' tall). No trees of any species may be within 15' of any window.
D. Within 100' of the home, shrubby species shall be thinned to 30% of the current aerial coverage. This
thinning can occur in an aesthetically pleasing manner and designed by the land owner or their
representatives.
E. The property owner shall be responsible for the continued maintenance of the above listed vegetation
requirements.
11. Access
A. No shrubs or conifers are allowed within 10' of the driveway. Aspens are permitted within 10' of the
driveway, but must be pruned to 6' above the ground.
B. Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of either
side of the driveway.
U Li24
-3(1)-" 002
D. A 30 foot drivable surface inside turning radius or a hammerhead or other T-turn area should be available
at the homesite.
E. The driveway/access road shall enter the roadway (West Sopris Creek Road) at a 90' angle for the first 25
feet of the driveway.
11. Water Supply for Fire Safety
A. All structures greater than 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 IBC. At building permit submittal, the
focal 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.
12. Roofing Materials, Roofing Vents and Projections at and Below Roof Line 1. General Roofing Standards
A. All roof coverings shall be constructed of a Class A roof assembly, and if the roof has less than a 3:12
pitch, then the roof covering shall be noncombustible.
B. No wood shakes or shingles.
C. Roofs with less than a 3:12 pitch shall have a surface that shall facilitate the natural process of clearing
roof debris_
D. Roofs with less than a 3:12 pitch shall not have protrusions above the roofline, such as parapets.
E. Roofs shall be installed as required by the adopted Building Code.
F. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall
prior to submittal of a building permit application.
13. Roof Venting
A. Attic, soffits and other roof venting shall be of non -corrosive metal mesh with maximum 1/4-inch openings.
14. Decks, Decking, Cantilevered Floors, or Other Projects Below the Roofline:
A. Any porch or deck or projection shall be void of vegetation below it, and areas below such projections
shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered
with rocks or gravel, or by coverage with concrete or stone.
B. An alternative for a deck or porch is use of non-flammable hardscaping (flagstone, cement pad, etc.) that is
at least 18' wide. Some planters may be in this area, but cannot contain trees (except aspen) or shrubby
species.
C. Foundations, skirting and crawl space openings shall be fully enclosed.
D. Stilt foundations shall be fully enclosed.
15. Maintenance and Miscellaneous Requirements
A. Roofs and gutters shall be kept clear of debris.
B. Yards shall be kept clear of all litter, slash and flammable debris.
C_ All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any
structure.
D. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height of not more than six
(6) inches.
E. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the
structure (except during the winter months).
F. Swimming pools and ponds shall be accessible by the local fire district.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to other structures.
1. Fuel tanks shall be installed underground within an approved container.
J. Propane tanks shall be buried, if possible, or installed according to NFPA 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.
K. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher.
000025
L. Addresses shall be clearly marked with two (2) inch 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
surface.
M. The Applicant shall comply with the requirements of the Basalt Fire District.
16. The Applicants 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 except hay storage.
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 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. These containers
shall be accessible to and use at all times by contractors on site.
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.
1. Construction dogs are prohibited on site.
J. Pet food shall be stored indoors
17. The Applicants shall comply with the additional wildlife conditions:
A. Wildlife fencing shall not extend past the gulch to the west of the residence;
B. BBQ's should be securely stored indoors or thoroughly cleaned;
C. A landscape plan that reasonably screens the residence from the winter range to the north shall be
submitted to the Community Development Department for review and approval.
18. No development shall occur outside the approved activity envelope with the exception of vegetation removal
necessary to comply with the wildfire mitigation measures described above. No structures shall be permitted
outside of the approved building envelope. Applicant shall be required to obtain an Earthmoving Permit for
any work outside the approved envelope.
l9. Prior to commencement of any earthmoving or other construction activity, the Applicants 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.
20. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses within one growing
season of the project's completion.
21. 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 July 'jJ , 2011.
22. 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.
'-0t0026
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly
on the La day of i •_, 2008.
APPROVED by the Director, this 2`1{3„day of { , 2008.
G�� cse CU Lc(
Cindy Houben,
Community Development Director
PlD# 2465-283-01-004
Case#: P050-O8
000021
EXHIBIT #7
RESOLUTION OF THE PI TKIN COUNTY, COLORADO
BOARD OF ADJUSTMENT
GRANTING REAR YARD SETBACK VARIANCES FOR
PARCEL 6, SOPRIS MOUNTAIN RANCH
Resolution No. 13 -2008
WHEREAS, Paul and Linda Sturz, owners of Parcel 6, Sopris Mountain Ranch, are requesting two
Rear Yard setback variances where 50 feet is required to construct a new single family residence and
garage; and
WHEREAS, the parcel contains 52.16 acres and is located in the RS-30 zone district; and
WHEREAS, the property is more fully described in Exhibit A; and
WHEREAS, the Board of Adjustment is vested with the power to grant or deny such variances by
virtue of Title 11, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised
Statutes, 1973, 30-28-118(2) (C); and,
WHEREAS, based on the evidence presented, the Board of Adjustment makes the following
findings:
1. Proper notice procedures, including the notification of all adjoining property owners, has been
shown by the applicant.
2. The required hardship or practical difficulty has been established.
3. Granting such relief will not cause substantial detriment to the public welfare and will not
substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment, that a 22.5' and a 37.5' Rear
Yard setback variances be granted per the plans submitted (Exhibits B and C) due to topographic
hardships.
WARNING: Any violation of the terms of this resolution may result in rehearing and possible
revocation.
The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of
Colorado.
DATED: September 9, 2008
A i"1'EST:
The Board of Adjustment of
Pitkin County, Colorado
oanna S. Schaffner, elate Ric Head,
County Zoning Officer Co -Chairperson
Parcel IN 2465-283-01-004
date
RECEPTION#: 554016, 11/03/2008 at
03:48:59 PM,
1 OF 4, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
0 028
EXHIBIT #8
RECEPTION#: 582706, 09/13/2011 at
02:32:12 PM,
1 OF 3, R $0.00 Doc Code RESOLUTION
Janice K. Vos Caudill, Pitkin County, CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, APPROVING THE STURZ REQUEST FOR AN EXTENSION OF VESTED
REAL PROPERTY RIGHTS
Resolution No. ON -2011
RECITALS
1. Paul Sturz ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC")
to request a 3 year extension of vested property rights.
2. The Lot is located off West Sopris Creek Road and is generally identified as Lot 6 of the non-BOCC
approved Sopris Mountain Ranch Subdivision. PID # 246528301004 (Legal Description,
Attachment A).
3. The Lot is zoned RS-30 and contains approximately 35acres.
4. Lot 6 is part of a conglomerate 1041 Hazard Review for Sopris Mountain Ranch pursuant to BOCC
Resolution 91-171 (Reception No. 348646). Lot 6 could not comply with the ridgeline condition in this
Resolution and requested an amendment to the Resolution. The BOCC denied this request pursuant to
Resolution No. 78-2007 (Reception No. 544549) citing that another area was available on the property
to develop that would not obstruct a ridgeline. After this denial, the Applicant submitted an Activity
Envelope and Site Plan application for this area, north of West Sopris Creek Road. Certain concessions
were made in this application in the form of reduced building heights. This approval was recorded at
Administrative Decision No. 70-2008 (Reception No. 551568). The Site Plan associated with this
approval was recorded at BK 88 PG 90. A variance was granted from the front yard setback of the Lot
pursuant to BOA Resolution No. 13-2008 (Rec. No. 554016).
5. The BOCC heard this application at a duly noticed public meeting on August 10, 2011 at which time
evidence and testimony were presented with respect to this application.
6. The BOCC finds that the proposal has shown compliance with section 2-20-170(d) of the Code and
further finds that extending the vested rights for the approval will not violate the current Land Use Code
if conditions outlined below are adhered too.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners
that it does hereby approve the Sturz Extension of Vested Rights for a 3 year period subject to the following
conditions:
1. The Applicant shall adhere to all material representations made in, or in connection with, the
application.
2. All provisions of Administrative Decision No. 70-2008 (Reception No. 551568) and the Site Plan
recorded at BK 88 PG 90 shall remain in effect for the vesting period specified in condition #3 with
the following addition:
00V029 !
"The future residence shall be limited to 21 ' in height measured to the midpoint of the
roof The future garage is limited to 20' in height measured to the midpoint of the roof "
3. 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. Vested rights shall expire on August 10, 2014.
4. As authorized by Pitkin County Land Use Code Section 2-20-170(d), Lot 6 shall remain exempt from
the activity envelope and site plan review requirements of Section 7-10-50 of the Land Use Code
until the vested rights, as extended by this Resolution, expire. If at building permit submittal, the
proposed development is not consistent with the previous Administrative Decision described above
in Condition #2, further review may be required.
5. Failure to comply with the conditions of this approval may result in revocation of permits.
Cler
APPROVED on the 10th day of August, 2011.
PUBLISHED AFTER ADOPTIOINT FOR STED REAL PROPERTY RIGHTS in
the Aspen Times Weekly on theday off �y,2011.
to the BOCC
APPROVED AS TO FORM:
Case #P047-11
PID: 246528301004
Resolution No. D19-2011
Page 2
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLO
Rach Richards, Chairwom
Date: 6 / d`C I
APPROVED AS TO CONTENT:
&ANAkSofC1(--
Cindy Houben,
Community Development Director
0U3D3O
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Paul Sturz (hereinafter APPLICANT) AGREE AS
FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Extension of Vested Rights
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009
establishes a fee structure for Iand 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 Pitkin 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 andlor Board of
County Commissioners to enable the Planning Commission andlor 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 determination of application completeness, APPLICANT shall pay a
base fee in the amount of $1,623 which is based on 4 hours of staff time (includes $375 Clerk's fee). 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 APPLICANT
Cindy Houben
Community Development Director
Paul Sturz
Ce2,1
Signature
Date: 7/& ) 2 i
Mailing Address: 6 Autumn Ridge
Pound Ridge NY 10576
UC0J31