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Home My WebLink Aboutpitkin.planning.264522400583 (2016)Parcel ID: 2645-22-4-00-583 Application Date: 5/9/16 Description: Larson Extension of Vested Rights Project Address: 83 SHIELD ORD, SNOWMASS, C081654 Property Owner: LARSON Address: 837 S COLUMBINE ST DENVER, CO 80209 Owner's REP: MATTHEW R LARSON Address: 837 S COLUMBINE ST DENVER, CO 80209 REP's Email: matt@mrlinvestments.com Case No: P043-1 Planner: Suzanne Wolff # Copies: 4 Allocated Hours: 4 % Over Hours: 4.8 Owner Phone: REP's Phone: Referrals: ALL OTHER REFERRALS Other Referrals: Snowmass/Capitol Creek Caucus None Comments Due Date: 07/01/2016 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 07/13/2016 Review Body: bocc Public Hearing? yes Notice Date: 06/09/2016 Meeting Notes: Approvals: BOCC Resolution #: 053-2016 #643700 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 07/13/2016 Plat Recorded Date: VR Expires Date: 07/13/2021 Plat (Bk, PG): N/A Remarks: Application Type: Vested Rights - Extension/Reinstatement MEMORANDUM TO: Board of County Commissioners Regular Meeting — July 13, 2016 THRU: Cindy Houben, Community Development Director FROM: Suzanne Wolff, Assistant Director RE: Larson Extension of Vested Rights SUMMARY: Pursuant to Section 2-20-170, the Applicant is seeking a 3 year extension of the vested right to construct a single family residence. APPLICANT: Matthew Larson LOCATION: 83 Shield O Road, just above the intersection with Snowmass Creek Road ZONING/LOT SIZE: The parcel contains 1.08 acres and is nonconforming parcel in the Rs -30 zone district. EXISTING CONDITIONSBACKGROUND: • The Hearing Officer granted approval of an Activity Envelope for the Tillman parcel, pursuant to Determination No. 01-2008. The neighbor, Stonywood Trust, appealed the approval to the BOCC; the BOCC denied the appeal and upheld the Hearing Officer's Determination with modifications to the conditions of approval, pursuant to Resolution No. 079-2008. The Activity Envelope Plan was recorded in Plat Book 88 at Page 58. • Stonywood Trust filed an appeal with the Pitkin County District Court on July 25, 2008. The District Court affirmed the decision of the BOCC on August 21, 2010. On October 5, 2010, Stonywood Trust appealed the decision of the District Court to the Colorado Court of Appeals. The Court of Appeals affirmed the judgment of the District Court and concluded "that the record supports Pitkin County's approval of the Estate's application for an activity envelope." • The BOCC approved a Site Plan for a single family residence, pursuant to Resolution No. 050-2012; the Site Plan was recorded in Plat Book 101 at Pages 1-2 (refer to Attachments A and B). The approval limited the floor area of the residence to 1,474 square feet and the maximum height to 201 . The approval acknowledges that the residence projects above a ridgeline as seen from certain points along Snowmass Creek Road, but that there is no alternative building site on the parcel. • The BOCC approved amendments to the Site Plan, pursuant to Resolution No. 008-2014. The amended Site Plan was recorded in Plat Book at Page 53-54. The amendment increased the floor area to a total of 3,328 square feet on two levels, with a garage on the lower level, and clarified the 20' height limitation. The vested rights expire on January 8, 2017. [Resolution and Site Plan included in the application] REFERRAL COMMENTS: The application was referred to the Snowmass Creek Caucus, but no comments were provided. STAFF COMMENTS: VESTED RIGHTS EXTENSION: The Applicant is requesting a 3 year extension for the approval granted pursuant to Resolution No. 053-2012. The BOCC shall consider the following criteria in reviewing a request for an extension of vested property rights: 1. The applicant's compliance with any conditions requiring performance prior to the date of application for extension or reinstatement of vested rights. 2. 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 recorded the Site Plan as required prior to submission of the permit application. Other conditions of approval must be met prior to issuance of the permit. The Applicant has not pursued a building permit, due to unforeseen medical issues. 3. 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: No land dedications or other benefits to the County were required. Applicable impact fees for road and housing would be paid at building permit issuance. Under the current code, an employee housing fee is not applicable for a residence of less than 5,750 square feet of interior floor area as measured by the IBC. 4. The needs of the County and the applicant that would be served by approval of the extension or reinstatement request. Response: The constraints of the parcel limit the bulk and mass of the proposed residence, as reflected in the prior approvals, in order to minimize visual and other impacts on the surrounding neighborhood 5. 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 Larson Extension of Vested Rights, subject to the attached Resolution." Application provided separately RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE LARSON EXTENSION OF VESTED RIGHTS Resolution No. -2016 RECITALS 1. Matthew R. Larson (hereafter "Applicant") has applied to the Pitkin County Board of County Commissioners (hereafter "BOCC") to request an extension of the vested rights for the Site Plan approval for a single family residence granted pursuant to Resolution No. 008-2014. 2. The parcel is located at 83 Shield O Road, on the east side of the road just above the intersection with Snowmass Creek Road, and is more specifically described in Exhibit A. 3. The parcel contains 1.08 acres and is a nonconforming size parcel within the RS -30 zone district. 4. The Hearing Officer granted approval of an Activity Envelope for the Tillman parcel, pursuant to Determination No. 01-2008. The neighbor, Stonywood Trust, appealed the approval to the BOCC; the BOCC denied the appeal and upheld the Hearing Officer's Determination with modifications to the conditions of approval, pursuant to Resolution No. 079-2008. The Activity Envelope Plan was recorded in Plat Book 88 at Page 58. 5. Stonywood Trust filed an appeal with the Pitkin County District Court on July 25, 2008. The District Court affirmed the decision of the BOCC on August 21, 2010. On October 5, 2010, Stonywood Trust appealed the decision of the District Court to the Colorado Court of Appeals. The Court of Appeals affirmed the judgment of the District Court and concluded "that the record supports Pitkin County's approval of the Estate's application for an activity envelope." 6. The BOCC approved a Site Plan for a single family residence, pursuant to Resolution No. 050-2012; the Site Plan was recorded in Plat Book 101 at Pages 1-2 (refer to Attachments A and B). The approval limited the floor area of the residence to 1,474 square feet and the maximum height to 20'. The approval acknowledges that the residence projects above a ridgeline as seen from certain points along Snowmass Creek Road, but that there is no alternative building site on the parcel. 7. The BOCC approved amendments to the Site Plan, pursuant to Resolution No. 008-2014. The amended Site Plan was recorded in Plat Book at Page 53-54. The amendment increased the floor area to a total of 3,328 square feet on two levels, with a garage on the lower level, and clarified the 20' height limitation. The vested rights expire on January 8, 2017. 8. The BOCC heard this application at a duly noticed public hearing on July 13, 2016, at which time evidence and testimony was presented with respect to this application. 9. The BOCC finds that the approved development continues to conform to the terms and provisions of the Land Use Code and that it is appropriate to grant a three year extension of the vested rights. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby approve the Larson Extension of Vested Rights, subject to the following conditions, which shall run with the land and be binding on all successors in interest: Resolution No. _-2016 Page 2 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. This vested right is granted in association with the approvals granted pursuant to BOCC Resolution No. 008-2014. The conditions of BOCC Resolution No. 008-2014 shall remain in full force and effect. 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 , 2019. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 9th day of June, 2016. APPROVED AND ADOPTED this day of 2016. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of , 2016. ATTEST: Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney PID 264522400583 Case #p043-16 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Rachel E. Richards, Chair Date: APPROVED AS TO CONTENT: Cindy Houben, Community Development Director County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE n CODE SECTION 2-20-100 I, '-tui " , being or representing an Applicant to the Pitkin County Development Department, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: 1. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to all owners of property within 300' to the subject property, as indicated on the attached list, on the delay of 1",G , 204 (which isg days prior to the public hearing date of 7/0(0). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at least 30 days prior to the public hearing to the owner(s)of the mineral estate underneath the subject properly, as indicated on the att ch d list, on the2- lay of lams ,, 2016(which is- Lays prior to the public hearing date of . The names and addresses of the mineral estate owners shall be those on the current tax recor s of Pitkin County as they appeared no more than 60 days prior to the public hearing. Ns A «s.0.r'l +u+ws.n. c C vtie44- recce.. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the 'a5 day of I. , 2016 which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached hereto. Applicant's name Signature (Attach photograph here) Signed before mc this day of . 201(Lby MONSIN SAVYAD NOTARY PUDUC NATE OF COLORADO No tYID no 140191re MYCOor`:�w'Ct':EXPMD MAY'S'4M4 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: S 'L .')- t , Notary Public Notary Public's Signature LLkormkv/county/planninglboccforms or pz forms or ho forms i ( O'C1 PUBLIC NOTICE RE: Larson Extension of Vested Rights. (CASE#P043-16; PID 2645-224-00-583) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday,July 13, 2016 at a regular meeting to begin at 12:00 PM or as soon thereafter as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Matthew R. Larson(837 South Columbine Street, Denver,CO 80209)requesting an extension of vested rights for the approval granted pursuant to BOCC Resolution No. 008-2014. The property is located at 83 Shield 0 Road and is legally described as a tract of land situated in Lot 3, Section 22,Township 9 South, Range 86 West of the Sixth P.M. The State Parcel Identification for this property is 2645-224-00-583. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information,contact Suzanne Wolff at (970)920-5093. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on June 9,2016. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300'of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting& Mailing(previously sent to you with your applicant letter)as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street,Aspen,CO(970)920-5526 4. Post the Public Notice sign on the property at least fifteen days(15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date fttp:'/pitkincounty.com/DocumentCenter/View/9393 of MILLS CYNTHIA VANDEVEER CLEAR W RANCH LLC STONYWOOD TRUST TRUST 505 S FLAGLER DR#900 1099 18TH ST#2950 5950 BERKSHIRE LN#260 WEST PALM BEACH,FL 33401 DENVER,CO 80202 DALLAS,TX 75225-5861 LOWE HENRY T REV TRUST MJC HAWKS NEST LLC SPARKS MARC A 911 CRESTLAND AVE 503 BEATTY RD 5100 BELT LINE RD#310 COLUMBIA,MO 65203-2311 MEDIA,PA 19063-1600 DALLAS,TX 75254 GARDNER WILLIAM M PICKERING/LAURICELLA REV LINROC LLC#17 681 VERNON ST TRUST 0005 CARROLL DR OAKLAND,CA 94610 2360 VALLEJO ST ASPEN,CO 81611 SAN FRANCISCO,CA 94123 Pitkin County Community Dev.Dept. Pitkin County Community Dev.Dept. Pitkin County Community Dev.Dept. 130 South Galena Street,3rd Floor 130 South Galena Street,3rd Floor 130 South Galena Street,3rd Floor Aspen,CO 81611 Aspen,CO 81611 Aspen,CO 81611 Pitkin County Community Dev.Dept. Pitkin County Community Dev. Dept. Pitkin County Community Dev.Dept. 130 South Galena Street,3rd Floor 130 South Galena Street,3rd Floor 130 South Galena Street,3rd Floor Aspen,CO 81611 Aspen,CO 81611 Aspen,CO 81611 Pitkin County Community Dev. Dept. Pitkin County Community Dev.Dept. Pitkin County Community Dev.Dept. 130 South Galena Street,3rd Floor 130 South Galena Street,3rd Floor 130 South Galena Street,3rd Floor Aspen,CO 81611 Aspen,CO 81611 Aspen,CO 81611 l • , ao- a iir .. d 1 _ahaftraisa . wr S°r Wil ;.,,v +. • sl;' {' • • l ` of -1.• • • • .- J•' t • ti': • • • • i • 1 lt. 1 r /, , 1. Yom' !. _ . f • I�; i. 1 I • L..` r .. . • �` '• • • .• ` .7-;.-.4::. - ,`` Cy .t 4,. ., l '1