Loading...
HomeMy WebLinkAboutbocc.res.111.2014RECEPTION#: 616559, 01/07/2015 at 02:11:21 PM, 1 of 7, 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 LIKOVER 2012 TRUST RESTORATION OR EXPANSION OF NON -CONFORMING STRUCTURE OR USE WITH SIGNIFICANT CHANGES, CARETAKER DWELLING UNIT, AND SITE PLAN FOR 190 LETEY LANE Resolution No. %A -2014 RECITALS 1. Bonnie Likover 2012 Trust ('Applicant') has applied to the Pilkin County Board of County Commissioners for Ixpansion/Restoration of a Non -Conforming Structure with Significant Changes, CDU, and Site Plan for a single family residence parcel. ' 2. 190 Letey Lane, III D9 2643-082-00-0011 (Legal Description, Attachment A) 3. The structure is non -conforming by virtue of lot size and existing floor area. 4. The Applicant proposes to demolish a non -permitted CDU in an old horse bam and build a new CDU with a new driveway loop. 5. The BOCC considered this application at a duly noticed public hearing on December 3, 2014, at which time evidence and testimony were presented with respect to this application. 6. The BOCC has determined that the proposed application adequately meets the criteria established in the Land Use Code for CDUs, Site Plan, Change to Non -Conforming Use or Structure, and therefore finds the proposal to be acceptable. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of Counly Commissioners that they hereby approve the Likover 2012 Trust Expansion of a Non -Conforming Use with Significant Changes, Site Plan, and CDU subject to the following conditions which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application and at the Public Ilearing, and such representations are considered conditions of approval except where inconsistent with this resolution. 2. Approval is granted for the approximate 881 sq. ft. relocated CDU and new driveway loop. 3. 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 a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Sections 2.1.1 & 2.1.12. 'I'hc above referenced approvals shall be a condition precedent to finalization and recordation. The Mylar copy ol' the plat shall be signed by the owner prior to submittal for recording. Res. No.)JI 3014 . Page 6 4. No calculations for height, setback or other building or zoning requirements have been conducted. These requirements will be considered at the time of building permit. Structures represented in the application might not be permitted under building and zoning regulations. Variances from the Board of Adjustment may be required for these improvements. This resolution does not assure approval of any variance required from the Board of Adjustment. 5. No structural development in excess of 30" in height above natural or finished grade shall occur within the setbacks of the lot. Landscaping in the form of berms shall not exceed four (4) feet from most restrictive grade. Any external development located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 6. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of' the activity envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place until issuance of a Certificate of Occupancy. 7. The Applicants shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination: i. Reflective materials shall not be used unless the materials are treated prior to installation to eliminate reflection. This shall include materials associated with solar or photovoltaic equipment. ii. The exterior of all development shall be built or painted with indigenous earth tone materials or colors. iii. Driveway lighting is prohibited and all other lighting shall comply with the lighting code at time of building permit approval. iv. All new utilities located on or servicing the parcel shall be located underground. v. All satellite dishes must be located to minimize visibility. 8. No development, including grading, excavation, fill placement, driveway, turnaround, berms, landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved development envelopes, with the exception of measures to comply with the wildfire mitigation required herein. The activity envelopes as they extend beyond the building envelopes shall only be used for approved landscaping, approved leach field areas, and required wildfire mitigation. Septic envelopes shall be shown on the site plan. 9. The existing steps going down to the lower bench by the River and the deck and pedestrian bridge on the lower bench shall not be enlarged, expanded, lighted, or enhanced in any way without further review and approval. 10. Any applicable development exactions or impact fees will be assessed at building permit. 11. The shower in the existing barn/CDU shall be removed prior to submission of a building permit for the new CDU or any other improvement on the property requiring a permit. The structure may be used for construction storage/office during the construction of the new CDU. The structure shall be Res. No.IIL_20i4 Page 6 demolished prior to the issuance of a certificate of occupancy for the new CDU. Appropriate financial security for the demolition shall be approved by the County Attorney and submitted to the County prior to issuance ol'the pen nit for the new CDU. 12. At submittal for building permit application for the CDU, the Applicant shall: A) Complete a fireplace/wood stove permit application form with the Community Development Department, if necessary. B) Submit a site specific, detailed drainage and erosion control plan for review and approval by Planning /Zoning. All historical drainage patterns shall be maintained. All Slopes steeper than 2:1 shall utilize erosion control blankets. If the project disturbs more than one (I) acre, a State Stormwater Permit shall be obtained prior to permit issuance. C) Submit a construction management plan for review and approval by Planning /Zoning showing the locations of staging, material storage including all retained soils and employee and construction traffic parking all within the approved activity envelope(s). D) Submit a landscape/revegetation plan for review and approval by Planning/Zoning. Any trees removed exceeding 6" dbh shall be mitigated in kind. E) Provide proof of adequate water supply for the CDU and the primary residence (two units) (in terms of quantity and availability) for domestic and lire protection purposes, and for irrigation purposes, if applicable. 13. Prior to issuance of a building permit the applicant shall: A) Pay any applicable road and employee housing impact fees. B) Obtain an OWI 'S permit, from the Environmental Health Department. The system shall be located within the approved activity envelope and must comply with setback requirements from surface and groundwater sources, wells and other septic systems. C) Demonstrate that the Floor area being added will not cause the total floor arca on the parcel to exceed the existing 8,098 sq. ft. D) The proposed accessory structure shall be assigned it house number other than the number of the main residence. 14. The Applicant shall adhere to the "low" wildfire mitigation standards as stated In the Pitkin County Land Use Code Section 7-20-60. Roofs shall have Class A covering or Class A assembly. No wood shakes or shingles are allowed. In addition, all access shall meet the following standards. i. New access roads and driveways shall be built to County standards; however, these standards may be increased to mitigate wildl-iie hazards based on comments provided by local fire protection districts and/or a person approved by the County as an expert in wildfire area designation and mitigation. ii. All new structures greater than five thousand (5,000) square feet in size shall be required to install in- house sprinkler systems- that meet the standards of the local fire protection district and the adopted Building Code. At building permit submittal, the applicable Fire Protection District may require Res. No.111 1014 Page 6 smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. iii. The Applicant shall meet all of the codes and requirements of the Aspen Fire District. 15. The Applicant shall comply with the following general conditions regarding wildlife: A) Manipulation of vegetation outside of the Activity Envelope is prohibited. Manipulation within the Activity FuVelope is subject to approved landscape and wildfire mitigation plans. 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 -Cour (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 decrjump over. The bottom strand should be sixteen (16) inches from the ground. E) Tall overly mature trees and standing dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting and perching habitat. F) Fruit bearing trees and shrubs shall be prohibited. ']'his does not preclude pre-existing native trees and shrubs. G) Development shall be clustered to the maximum extent possible to minimize impact on wildlife. H) Access shall be provided to the Colorado Division of Wildlife for trapping, lagging, studying, or otherwise managing wildlife. I) Trash/garbage shall be kept in an approved bear proof container or enclosure. J) 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. K) Horse grains, pellets, and cookies shall be stored in bear resistant containers. L) All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disabled accessibility purposes. M) Construction workers shall not bring dogs on site. 16. The parking/ access plan for the CDU must be reviewed and approved by the Aspen Fire District, and Community Development Department prior to issuance of any permits for the CDU. 17. The caretaker dwelling unit: a) Shall not exceed 881 net livable square feet. b) The floor area will be included in the total allowed on the parcel. c) Shall demonstrate two legal off-street parking spaces. d) 'I'heapplicant shall by deed restriction guarantee that the caretaker unit: I. Shall not be required to be rented. Res. No.IL2014 Page 6 2. Shall not be sold or otherwise conveyed or separated from the original parcel regardless of the ultimate form of ownership of the CDU. 3. Shall be limited to occupancy by not more than two adults and related children, who qualify as employees 01' the community under such guidelines as may be from time to time established by the Housing Authority, or by the members of the owner's immediate family even though they may not qualify as employees Of the community. 4. Shall be rented for terms not less than six months if rented. e) The deed restriction may be removed by the property owner upon approval of the Community Development, Director, subject to the requirement that the dwelling is removed or modified by proper permit. f) The CDIJ shall not be used for mitigation of any employee housing requirements or fees as established elsewhere in this code. g) The CDU shall contain at a minimum two burner stove with oven. standard sink, and a refrigerator plus freezer. 'fhe oven must be able to bake, broil and be at least 5 cubic feet; the sink must measure at least 14'WX16"DX5.25" H. The refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer. h) The deed restriction shall be recorded prior to the issuance of the building permit for the CDU. Prior to recordation, the floor plans shall be provided to the Housing Authority, and the floor plans shall be attached to the deed restriction. i) Upon completion of the unit, but prior to the C.O., Housing staff has the right to conduct an inspection of the unit for compliance. 18. All areas disturbed by construction shall be re -vegetated with native shrubs and grasses, to limit water consumption and additional runoff. within one growing season after completion of construction. 19. 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. 20. 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 L, ,and Use Code, Sec. 2-20-170 and C.le. S., Sec. 24-68-105. The statutory vested rights granted herein shall expire on December 3. 2017. Res. No.V 014 Page 6 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on 30h day of October, 2014. APPROVED this 3"" day ol'December, 2014. APPROVI-D AS-TO-F-(-)R-M-. John Ely, Count ey 1'087-14 264308200001 BOARD Of COUNTY.COMMISISONERS OFPHK LINTY, COLORADO f�yY Robert A. Ittner, r. Chair Date S AAP/PROVED AS TO CONTENT ✓�-1 1 i�A,1� �hv Cindy Houben, Commmnity Development Director POW4L ).a: zera-111-40-oa Ammitment Number: 13003088 First Ameriean.TtUe Insurance Cr. EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as foiiowz A tract of land situated in Lot 10, Section 5, and Lot 3, Section 8, Township 9 South, Range 85 West of the 6th P.M., described as follows: Beginning at a point on the Southwesterly right of way line of the D & RGW RR whence Witness Corner to Sections 4, 5, 8 and 9 of said Township and Range bears North 86"30' East 3330.42 feet; thence South 31 "06' East 350.41 feet along the right of way line; thence South 38`54' West 849.89 feet to the center of the Roaring Fork River; thence North 44'04' West 108.31 feet along the center of the Roaring Fork River; thence North 33°48' West 254.40 feet along the center of the Roaring Fork River, thence North 38°54' East 760.97 feet to the Point of Beginning. Except a strip of land being 25 feet in width and all points parallel with and adjacent to the Southwesterly right of way of the D&RGW Railroad, for the use as a right of way over, along and across said property, Pitkin County, Colorado. ALTA commitment Exhibit A 000046 (13003088.PFD/13003088/16)