HomeMy WebLinkAboutpitkin.planning.273720100002 (2016)f .
DavisHornY25-
June 6, 2016 PLANNING & REAL ESTATE CONSULTING
Mike Kraemer
Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO. 81611
RE: Minor Amendment to a Development Permit for the Susan and Jeffrey Miller Property at
43399 Highway 82 (Parcel ID #2737-201-00-002)
Dear Mike:
Davis Horn Incorporated represents Susan and Jeffrey Miller, owners of a 27+/- acre parcel
located at 43399 Highway 82 which is the subject of this land use application for a Minor
Amendment to a Development Permit. Attachment 1 is a vicinity map which depicts the location
of the property across Highway 82 from the Northstar Nature Preserve and on the southwest face
of Smuggler Mountain, 2 miles from downtown Aspen.
This request for a Minor Amendment to a Development Approval is to lower the wildfire rating
on the property from severe to moderate. Although the Planning Office staff has indicated that
the mapping shows the property having a severe rating, a site specific analysis shows that the
wildfire hazard is moderate. Vince Urbina of the Colorado State Forest Service wrote a letter for
a land use application on the property in 1998 (Attachment 2) indicating the property had a low
to moderate wildfire hazard rating. We have obtained a new wildfire report dated April 15, 2014
by Hougland & Associates, wildfire hazard mitigation experts,(Attachment 3) which verifies
that the lower portion of the property resembles a low wildfire rating and the central and upper
elevations have a moderate wildfire rating. Hoagland feels that a moderate wildfire rating is still
valid. The request is addressed under the following categories: Background, Proposal, Land Use
Reviews and Summary.
BACKGROUND
The subject property received approval for Activity Envelope and Site Plan Review to construct a
house up to 10,750 square feet and an exempt detached barn pursuant to Administrative Decision
No. 36-2012 (Attachment 4) when the owner/applicant was LG Aspen LLC. The property had
been previously approved for development up to this floor area through use of Transferable
Development Rights (TDRs).
There are several other previous approvals pertaining to the property. In 1999, the BOCC
approved a 1041 Hazard Review pursuant to BOCC Resolution 99-23. This approval granted a
building envelope for the site that was recorded at Book 51, Page 24 (Reception No. 435877).
This approval expired and the property subsequently received another 1041 Hazard, Conceptual
Submission and Special Review for use of TDRs up to 10,750 square feet pursuant to Hearing
Officer Determination No. 42-2005 (Reception No. 519616).
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ALICE DAVIS AICP S GLENN HORN AICP
215 SOUTH MONARCH ST. • SUITE 104 • ASPEN, COLORADO 81611 • 970/925-6587 • FAX: 970/925-5180
adavis@rof.net ghorn@rof.net
0000r 1 c7C41U1
The 1041 Hazard Review Plan was recorded at Book 81,page 8 (Reception No. 528231). This
approval required Scenic Review approval prior to building permit submission. In 2007, an
application was submitted for this Scenic Review which included a request for additional floor
area up to 13,250 square feet. The Hearing Officer denied the request for additional floor area up
to 13,250 square feet but granted Scenic Review approval for a 10,750 square foot residence
pursuant to Hearing Officer Determination No. 017-2007 (Reception No. 540076). This Hearing
Officer approval that did not grant development up to 13,250 was appealed to the BOCC. The
BOCC denied the appeal pursuant to Resolution No. 097-2007 (Reception No. 544743). Vesting
for all these previous approvals has expired. These approval documents are collectively found
in Attachment 5.
PROPOSAL
This application requests approval for a Minor Amendment to a Development Approval to lower
the wildfire rating on the property from a severe wildfire hazard to a moderate wildfire hazard.
Although the Planning Office staff has indicated that the wildfire hazard mapping shows the
property having a severe rating, a site specific analysis shows that the wildfire hazard is
moderate. There is a Class A covering or Class A Assembly for roofing required as a condition
of approval on the subject property (Attachment 4: Administrative Decision No. 36-2012) due to
the severe wildfire rating. This is expensive roofing material which is not necessary or warranted
after evaluating the current wildfire conditions on the property. Vince Urbina of the Colorado
State Forest Service wrote a letter for a land use application on the property in 1998 (Attachment
2) indicating the property had a low to moderate wildfire rating. We have obtained a newer
wildfire report dated April 15, 2014 by Hougland& Associates, wildfire hazard mitigation
experts, (Attachment 3) which verifies that the moderate wildfire rating in still valid. The
proposed amendment would change the conditions of approval in Administrative Decision No.
36 of 2012 to those consistent with a moderate, instead of a severe wildfire rating. The severe
wildfire rating conditions of approval would be eliminated in that Decision and replaced with the
conditions applicable for a property with a moderate wildfire hazard.
LAND USE REQUESTS
A pre-application conference summary is found in Attachment 6. As required in the summary,
the following section of the Pitkin County Land Use Code is addressed.
SECTION 2-20-150.b
Minor Amendment to a Development Permit
A minor amendment to a development application or permit must meet the following criteria as
determined by the Community Development Director:
1) Consistent with actions taken during previous development approvals for the
property; and
2) Does not change the use of the proposed development between residential,
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commercial and tourist accommodations uses; and
3) Does not change the basic character of the approved use of land on which the
activity occurs, including basic visual appearance and method of operation; and
4) Does not constitute a new land development activity; and
5) Does not increase off-site impacts in the surrounding neighborhood; and
6) Does not endanger the public health, safety or welfare; and
7) Does not violate any Land Use Code standards; and
8) Does not substantially increase the need for on-site parking or utilities, or affect
affordable housing generation; and
9) Does not increase the floor area of the use by more than five percent or decrease the
open space on the site by more than five percent.
After considering the above criteria for a minor amendment to a development permit, the
proposal to reduce the wildfire rating on the subject property is justified and warrants the
modification of the conditions of approval related to the wildfire hazard. The 1998 land use
review of the property also considered the wildfire rating as moderate according to the letter from
Vince Urban of the Colorado State Forest Service, so this request is consistent with that prior
approval. This proposal will not change the use of the property,the basic character of the use on
the property, and does not constitute a new land development activity. Off-site impacts in the
surrounding neighborhood will not be impacted and the minor amendment will not engender the
public health, safety or welfare and does not violate any Land Use Code Standards. On-site
parking or utility needs will not be increased nor will this amendment effect affordable housing
generation. Floor area is not impacted and open space on the site will not be decreased. The use
is consistent with the original approvals. The Applicant therefore requests the conditions of
approval in Administrative Decision No. 36-2012 related to wildfire be modified by eliminating
the conditions related to a severe wildfire rating on the property and by adding conditions related
to a more appropriate moderate wildfire hazard rating.
SUMMARY
The Applicant owns a 27+/- acre property at 43399 Highway82 across from the Northstar Nature
Preserve and is requesting approval of a Minor Amendment to a Development Permit. The
owners are seeking to replace the severe wildfire rating on the property with a moderate wildfire
rating. The more onerous conditions for a severe wildfire rating are not justified. A 1998 letter
from wildfire expert Vince Urbina of the Colorado Forest Service and a 2015 wildfire report
from Art Hougland of Hoagland& Associates both indicate a moderate wildfire rating as
appropriate for the property. All applicable criteria in the Pitkin County Land Use Code have
been addressed and will be met. The following attachments are included with this application:
Attachment 1: Vicinity Map;
Attachment 2: March 27, 998 letter from Vince Urbina of the Colorado Forest Service addressing
the wildfire hazard on the property;
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000003
Attachment 3: April 15, 2015 letter on wildfire hazard mitigation from Art Hougland of
Hougland & Associates addressing the wildfire hazard on the property;
Attachment 4: Administrative Decision No. 36-2012 approved development on the property;
Attachment 5: Previous land use approval documents for the subject property as discussed in the
background section of this application;
Attachment 6: Pre application conference summary;
Attachment 7: Authorization letter from Susan W. Miller, property owner, authorizing Davis
Horn Inc. to submit this application and to represent the owner in the land use
review process;
Attachment 8: Signed Fee Agreement for Payment of Land Use Application Fees; and
Attachment 9: Proof of ownership from Stewart Title.
Please call if you have any questions or concerns.
Sincerely,
A IS HORN INCORPORATED
GLE HO N AICP
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N,_� Q,� 0�c — FORCSI'
. nG �- SERVICE
\\, •YGt4�G:.c4
N,� I)uildinQ
March 27, 1998 Suite k:rvicc5
J
O1}M ?�_ ,y', 6th Sit-to. Roomlf,
G Grand Junction.Colorado H1501
Tamara Preg1
Aspen/Pitkin Community Development Department
130 South Galena
Aspen, CO 81611
ATTACHMENT 2
Re: Chesley 1041 Wildfire Hazard Review
Tamara,
I read the application and visited the site with Joe Wells the owner's agent on
March 24th. The property is adjacent to Highway 82 so access will be good for
this parcel. It would be wise to have a driveway that originates at a 90-degree
angle off of Highway 82 to facilitate emergency vehicle access. The aspect of the
building envelope is west with slopes in the 10-20% range. The predominant
vegetation is aspen, narrowleaf cottonwood and chokecherry. I would the wildfire
hazard as tow to medium.
Because the woody vegetation is predominantly a riparian type and less likely to
bum as hot as conifers would, I only have a few recommendations to mitigate
wildfire hazard and create a defensible space. For a distance of 10 feet around all
structures establish and maintain vegetation at 6 inches or less (i.e., mowed grass).
Woody vegetation should not be planted within this perimeter. Flammable
material (i.e., firewood) should not be stored here either. For a distance of 30 feet
in all directions thin existing deciduous trees so that the crowns of mature trees are
no closer than 10 feet apart. The lower limbs of those trees allowed to remain
should be removed to eliminate ladder fuels. This should be done up to a height of
10 feet or half the total height of the tree, whichever is least.
Thank you for the opportunity to review this appiication. Feel free to call me with
any questions.
Sincerely,
A. Vince Urbina - —
Assistant District Forester
cc: Joe Wells
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ATTACHMENT 3
BOUGLAND & ASSOCIATES
CONSULTING ON WILDFIRE HAZARD MITIGATION
FIRE PROTECTION AND BUILDING & FIRE CODES
April 15, 2014
Mr. Glenn Horn
Davis Horn, Inc.
215 S. Monarch St.
Aspen, Colorado 81611
Subject: Wildfire Hazard Mitigation for Miller property located at 43399 Highway
82, Pitkin County, Colorado
Dear Mr Horn,
Thanks for meeting with me on Thursday, March 6th at the Miller property to
orient me to the site and providing me with Vince Urbina's 1998 1041 Wildfire Hazard
Review, an activity envelope site plan and an Aspen/Pitkin GIS photo of the site with no
snow cover. I had the opportunity to walk the property, take photos and evaluate the
wildfire hazards on the property. I will qualify my observations as those of conditions as
they now exist.
I have read and agree with Mr. Urbina's assessment of the wildfire hazard of the
area. On the lower portion of the property it resembles a low hazard area while the
central and upper elevations of the Activity Envelope are a medium hazard causing me
to determine that the area is a Medium Wildfire Hazard Area. The location of the
residence is indicated to be not far from the perimeter of the activity envelope to the
northeast and the slope in this area has a considerable amount of standing dead and
deadfall as well as native grasses up to 4-feet high.
Vegetation Management and Modification Recommended:
1. Around the proposed residence and the CDU and beyond the furthermost projection
of combustible construction for a distance of 15-feet the area should be of primarily
noncombustible hard scape surfaces. Woody vegetation should not be planted within
this area. Firewood or other combustible materials should not be stored within this
area. If the owner would like to maintain some trees or small clusters of trees or
shrubs in the vicinity of the residences this may be done if the 15-foot area is
extended outward from the furthest growth expected from the mature trees and
shrubs. In other words,these trees and shrubs should have defensible space as the
buildings do. Crowns of vegetation within these clusters should be at least 10-feet
from any portion of the building. Limbs of trees within these clusters should be
pruned to one half the height of the tree, one third for conifer, or 10-feet whichever is
less.
000007
17 GAMBA DRIVE, GLENWOOD SPRINGS, COLORADO 81601
PHONE (970) 379-3263 / firosalo@sopris.net
3
2. Beyond the 15-foot area up to 30-feet or to the property line, maintain natural and/or
irrigated grass at less than 6-inches and thin existing brush. Limbs of trees should be
pruned to one half the height of the tree, one third for conifer, or 10-feet whichever is
less. No brush or shrubs which when mature will be tall enough act as ladder fuel
should be provided or maintained around the trees. Clusters of bushes or trees should
be separated from each other and from those beyond the 30-foot area by a distance of
2 1/2 times the height of the mature vegetation. The diameter of a cluster should be
limited to 2 1/2 times the height of the mature vegetation. As an example: If the
expected mature height of the vegetation is 10 feet then the diameter of the cluster
should be no greater than 25 feet and the distance between clusters should be greater
than 25 feet. Ideally the plant material growing between trees and clusters of bushes
or trees is grass maintained at 6-inches or less. Thin and remove lower branches of
brush or shrubs within clusters or individual plants to eliminate ladder fuel.
3. For a distance of 100-feet from buildings or to the property line, remove all standing
dead and deadfall. Cut and collected materials should be removed or chipped and
spread.
MEDIUM WILDFIRE HAZARD AREAS:
New Construction, Additions:
Pitkin County has Structural Design and Construction Requirements,the following are
paraphrased from the Pitkin County Land Use Code, chapter 7, Section 7-20-60 Wildfire
Hazards and may or may not contain exact language but it is intended to be consistent
with the intent and purpose of the Pitkin County requirements: ci
Roofs shall be constructed with a Class-A roof assembly as defined in the 2003 i, �p
International Building Code(IBC) Section 1505.2. Wood shake/shingle roof coverings y'
are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not
permitted in wildfire areas unless they comply with the following:
1) All roof coverings shall be Class-A materials approved for installation on
a Class-A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural
process of clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roof line, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted building code and shall
have a minimum slope of 1:48.
5) All roof designs,coverings or equivalent assemblies shall be specifically
approved by the Fire Marshal prior to submittal of a building permit
application.
6) Vents: Soffit Vents shall be located in the outer 1/3`d of the overhang and
screened with corrosive resistant wire mesh, with mesh one-fourth inch
('/a")maximum.
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Maintenance:
a) Roofs and gutters shall be kept clear of debris.
b) Area 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 feet(15') away from any structure.
d) Weeds and grasses within the fifteen-foot(15')perimeter and under trees
shall be maintained to a height of not more than six inches (6").
Miscellaneous:
a) Firewood/wood piles shall be stacked on a parallel contour a minimum of
fifteen feet (15') away from the structure.
b) Fences shall be kept clear of brush and debris.
c) Wood fences shall not connect to the structure.
d) Any outbuildings or additional structures shall adhere to the same
standards as structures.
e) Each structure shall have a minimum of one ten (10) pound Class ABC
fire extinguisher.
f) Addresses shall be clearly marked with two-inch (2") 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 post.
I also recommend a publication titled"Firewise Construction Design and Materials"
available from the Colorado State Forest Service.
If you have comments, questions or require additional information please contact me.
Sincer
Art Hougland
NOTICE: This Wildfire Hazard Mitigation Analysis along with observations and recommendations
is intended to be an aid to the owner, architect and vegetation management and/or landscape design
and implementation professionals in the development of defensible space and of fire wise construction
documents. The review of the existing wildfire hazard potential on this property and the observations
and recommendations for the mitigation of these hazards does not constitute an acceptance of any
responsibility by Hougland & Associates for errors, omissions or discrepancies. The behavior of
wildfire is acknowledged to be capricious in nature. Hougland & Associates does not proclaim that
circumstances, including improper maintenance, may not arise that would permit wildfire to
overwhelm the mitigation measures recommended or implemented. Observations and
recommendations are intended to be collaborative with wildfire hazard mitigation guidelines of the
Colorado State Forest Service and of other nationally recognized standards and are intended to be
constructive and in support of the owners interest and safety.
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ATTACHMENT 4
RECEPTION#: 590266, 06/29/2012 at
10:47:13 AM,
1 OF 8, R $0.00 Doc Code ADMIN
DECISION
Janice K.Vos Caudill, Pitkin County,CO
ADMINLSTRATIVE DECISION OF THE PITK1N COUNTY,COLORADO,COMMUNITY
DEVELOPMENT DIRECTOR GRANTING APPROVAL FOR THE LG ASPEN ACTIVITY
ENVELOPE ANI)SITE PLAN REVIEW AND GMQS EXEMPTION FOR USE OF
TRANSFERABLE DEVELOPMENT RIGHTS
Administrative Decision No. lL-2012
RECITALS
LG Aspen, LLC (hereafter referred to as "Applicant") has applied to the Community Development
Director of Pitkin County,Colorado("Director")for Activity Envelope and Site Plan Review to construct a
single family residence of up to 10,750 square feet and an exempt detached barn. The property has been
previously approved for development up to this floor area through use of Transferable Development Rights
(TDR's).
1. The parcel is located at 43399 Hwy 82,east of Aspen. (Legal Description,Attachment A).
2. The parcel is zoned AR-10, is approximately 27 acres,and is undeveloped.
3. The parcel has received a number of previous approvals. In 1999, the BOCC approved a 1041
Hazard Review pursuant to BOCC Resolution No.99-23. This approval granted a building envelope
for the site that was recorded at Book 51 Page 24 (Reception No. 435772). This approval expired
and the property subsequently received another 1041 Hazard Review, Conceptual Submission, and
Special Review for use of TDR's up 10,750 square feet pursuant to Hearing Officer Determination
No. 42-2005 (Reception No. 519616). The 1041 Hazard Review Plan was recorded at B81, P8
(Reception No. 528231). This approval required Scenic Review approval prior to building permit
submission. In 2007,an application was submitted for this Scenic Review which included a request
for additional floor area up to 13,250 square feet. The Hearing Officer denied the request for
development up to 13,250 square feet but granted Scenic Review approval for a 10,750 square foot
residence pursuant to Hearing Officer Determination No. 017-2007 (Rec. No. 540076). This
Hearing Officer approval that did not grant development up to 13,250 square feet was appealed to the
Board of County Commissioners(BOCC). The BOCC denied the appeal pursuant to Resolution No.
097-2007(Reception No. 544743). Vesting for all previous approvals has expired.
4. The application was referred to the Colorado Geologic Survey(CGS),East of Aspen Caucus,Aspen
Fire Protection District,Colorado Park and Wildlife Department(CPW). Comments were received
from most referral departments.
5. The parcel is mapped within an elk migration corridor,within a severe wildfire area,and an alluvial
fan. Previous files also indicate that a rock fall hazard may exist on the parcel. The CGS dismissed
the rock fall hazard. Alluvial fans do exist on the property and a debris flow diversion wall can
mitigate this hazard. The CPW states that appropriate conditions carried forward in previous
approvals can mitigate impact to elk.
6. Public notice was published in the Aspen Times on January 19, 2012. An affidavit of public
notice was mailed on January 18,2012. No objections were received within 30 days.
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7. The Director finds that the proposal meets the standards of the Land Use Code for Activity Envelope
and Site Plan Review.
8. The Director further fords that pursuant to Chart 2-30 of the Land Use Code,TDR approvals do not
lapse and the property has the ability to construct floor area up to 10,750 square feet pursuant to
Hearing Officer Determination No.017-2007(Rec.No. 540076).
APPROVED by the Director,subject to the following conditions:
I. 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. 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. This approval supersedes all previous approvals for development of this site. At building permit
submittal,no other approvals will need to be submitted.
4. Prior to submission of any future building permit applications, the Applicant shall be required to
submit for approval by the County Attorney and Community Development 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 following changes shall be made to the site plan:
a. Remove the proposed activity envelope north of the wetlands.
b. Show the debris flow mitigation wall east of the residence.
5. The Parcel is allowed to develop up to 10,750 square feet of floor area from a base of 5,750 square
feet. 5,750 square feet of floor area is exempt from Growth Management. TDR's shall be
furnished for development up to 10,750 square feet at the time of building permit submittal.
6. All structures shall utilize earth-tone colors and non-reflective roofing.
7. At building permit application,the Applicant shall:
a. Submit a drainage and erosion control plan for review and approval by Planning/Zoning.
b. Submit a construction management plan for review and approval by Planning/Zoning
showing the locations of staging, material storage and employee and construction traffic
parking.
c. Pay the applicable road and employee housing impact fees.
d. Submit plans for the debris flow diversion wall that have been stamped by a geotechnical
engineer that addresses wall foundation design and impact forces and velocities from the
modeled reports provided by Gamba and Associates. This diversion wall shall be designed
so that,in a debris flow event,materials are not deflected and impact neighboring properties.
e. A soils report shall be submitted that addresses all structures foundation suitability.
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8. The Applicant shall comply with the following wildfire standards:
A. Defensible Space: The area around all buildings/structures, limited by property boundaries that
may limit a property owner's ability to comply with this section, shall incorporate landscaping
with wildfire defensible space considerations as follows(note: actual vegetation manipulation to
meet these conditions may not be necessary where the natural vegetation patterns have already
fulfilled these conditions):
1. Brush, debris and non-ornamental vegetation shall be removed within a minimum ten-
foot(10')perimeter around all structures.
2. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels
at a minimum of a thirty(30) foot perimeter around a structure built on flat ground. (For
greater slopes, reference the CSFS Safety Zone chart in Wildfire Guidelines For Rural
Homeowners, which provides general guidelines that may be modified by a wildfire
expert acceptable to the County).
3. Spacing between clumps of brush and vegetation up to the thirty(30)foot perimeter shall
be a minimum of two(2) times the height of the fuel. Maximum diameter of the clumps
shall be equal to the height of the fuel. All measurements shall be from the edges of the
crowns of the fuel.
4. All branches from trees and brush within thc thirty(30) foot perimeter shall be pruned to
a height of ten (10) feet above the ground with removal of ladder fuels from around trees
and brush.
5. Tree crown separation within the thirty(30)foot perimeters shall have a minimum of ten
(10)feet between the edges of the crowns,except for mature stands of aspen trees where
ladder fuels have been removed. In areas of aspen regeneration, understory shrubs and
down and dead materials shall be removed.
6. All branches that extend over the roof eaves shall be trimmed and all branches within
fifteen(15)feet of chimneys shall be removed.
7. The density of fuels up to a one hundred (100) foot perimeter of the structures shall be
reduced where natural reduction has not already occurred.
8. All deadfall up to a one hundred(100)foot perimeter shall be removed.
9. No new conifer trees shall be planted within ten(10)feet of a residence.
10. No flammable mulches shall be placed within two(2)feet of a residence.
11. The property owner shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
B. Roofs and projections at or below roof line shall be constructed according to the following
specifications:
1. Roofing Materials
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a. Class A covering or Class A Assembly as defined by the currently adopted building
code.
b. No wood shakes or shingles.
2. Roof Venting
a. Soffit venting shall be located in the outer 1/3rd portion of the overhang.
b. Attic, soffit and other roof venting shall be of non-corrosive metal mesh with maximum
'h"openings.
3. Projections at the Roofline, including Soffits, Rafters, Porch or Deck Roofs, Fascias, or
Other:
a. Sheath with non-combustible materials,or
b. Combustible materials underlain with 5/8"Type X gypboard or equal,or
c. Minimum 4x6 rafters with 2x T&G decking.
C. Decks,Decking,Cantilevered Floors,or Other Projections Below the Roofline:
1. Minimum 6x6 posts, 6x10 beams, 3x8 joists, 3x decking, and 2x railings, or equivalent
log construction.
D. Projections at the Roofline, including Soffits, Rafters,Porch or Deck Roofs,Fascias,or Other:
1. One(1) hour rated material or any material underlain by 5/8"Type X gypboard or equal,
or
2. "Type IV"Heavy Timber materials,per the currently adopted building code.
3. Decks,Decking,Cantilevered Floors,or Other Projections Below the Roofline:
4. Construction with noncombustible or one(1) hour rated material, or material with flame
spread<25 (tested to ASTM E84 and listed for exterior use),or
5. Conventionally framed deck with waterproof surface and underside protected with 5/8"
Type X gypboard or equal(decking as "a"above),or
6. "Type IV" Heavy Timber materials: joist and beams minimum 6"x10", columns
minimum 8"x8", decking minimum 4" in depth, or decking as "a" above; or equivalent
log construction,or
7. Enclose projection vertically to ground with one hour fire resistive materials. Decking as
"a"above.
E. Railings
1. Railings must be constructed of noncombustible or"Type IV"Heavy Timber materials.
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F. Exterior of the Structure, Including All Walls
1. One(1)hour fire resistive rated materials,or
2. 5/8"gypboard underlying combustible materials,or
3. Cement stucco,minimum'/."thickness.
4. All glazing to be tempered glazing;and
5. Doors to be metal or wood 1 3/+"thick minimum.
G. Foundations
1. Foundations, skirting, and crawl space openings shall be fully enclosed and constructed
with materials approved for one(I)hour fire-resistive construction on the exterior side of
the walls and shall extend from the top of grade to the underside of the floor decking or
walls.
H. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following:
1. All roof coverings shall be constructed of non-combustible materials and installed on a
Class A roof assembly.
2. All roof coverings shall have a surface that shall facilitate the natural process of clearing
roof debris.
3. Protrusions above.the roofline, such as parapets,shall be prohibited.
4. Roofs shall be installed as required by the adopted Building Code and shall have a
minimum pitch of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved by
the Fire Marshall prior to submittal of a building permit application.
I. Maintenance and Miscellaneous Requirements
1. Roofs and gutters shall be kept clear of debris.
2. Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth
(3/4)inch maximum.
3. Yards shall be kept clear of all litter,slash and flammable debris.
4. All flammable materials shall be stored on a parallel contour a minimum of fifteen (15)
feet away from any structure.
5. Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not
more than six(6)inches.
6. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen(15)feet
away from the structure.
7. Swimming pools and ponds shall be accessible by the local fire district.
8. Fences shall be kept clear of brush and debris.
9. Wood fences shall not connect to other structures.
10. Fuel tanks shall be installed underground with an approved container.
11. 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
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constructed with materials approved for two (2) hour fire-resistive construction on the
exterior side of the walls.
12. Each structure shall have a minimum of one ten(10)pound ABC fire extinguisher.
13. 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 post.
9. The Applicant shall comply with the following general conditions regarding wildlife:
A. Mesh or woven wire fences are prohibited.
B. 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.
C. 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 (barbless) shall be located a minimum twelve (12) inches apart
and from the top wire preventing entanglement when elk/deer jump over.The bottom
strand should be sixteen(16) inches from the ground.
D. Perimeter fencing is prohibited. Fencing mentioned above may only total 200 square
feet and is limited to the immediate vicinity of the residence.
E. Outdoor construction activities are limited to daylight hours during elk migration
periods of April 15 to June 15 and September 1 to December 15.
F. Maximum number of horses on the property is limited to two (2). No grazing of
horses and hay and grain shall only be provided in the barn. The corral size shall not
exceed 1/3 of an acre and all rails of the corral shall be removed during migration
periods(April 15 to June 15 and September 1 to December 15).
G. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This
does not include pre-existing native trees and shrubs.
H. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging,
studying,or otherwise managing wildlife.
I. 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.
J. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and beat 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. Pet food shall not be left outside.
L. All outside door shall utilized solid round handled door knobs.
M. All trash containers shall be bear proof.
N. Ponds shall have a minimum of a 3:1 sideslope with at least two sides of the pond
having a 5:1 sideslope in order for wildlife to ingress and egress. If liners are used
for the pond construction, the liner shall be buried under at least 18" of topsoil. A
wetland biofilter shall be installed at the outlet of the pond to minimize the potential
for whirling disease to enter the Roaring Fork River. All stocked fish shall be
certified disease free.
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10. 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 activity envelope. Applicant shall be
required to obtain an Earthmoving Permit for any work outside the approved envelope.
11. Prior to commencement of any earthmoving or other construction activity, the Applicant shall
stake the corners of the activity envelope and install construction fencing around the construction
site. The fencing shall remain in place until issuance of a Certificate of Occupancy.
12. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within
one growing season of the project's completion.
13. 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, § 2-20-120 and C.R.S. § 24-68-105. The statutory vested rights granted herein shall
expire on June, ,2015.
14. 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.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on theg day of ,2012.
APPROVED by the Director,this t`0,--day of , � ,2012.
C)„,),A_Le CQA (SYNC -k-•
Cindy Houben,
Community Development Director
PID#273720100002
P097-11
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1 Order Numnber.• 000.24133 ' ,
- LEGAL DESCRIP270N .
. .
A.t.ract of land being part of Government Lot 1, situated in the Northwest -
P Quarter of the Northeast Quarter of .Section 20, Township .10 South, Range 8; '
West of the Sixth Principal Meridian, more particularly described as follcws:'
Beginning at the North Quarter'Corner of Section 20,- •
C North oth B9°3430" East 1320.07 feet; . -
chance South 05.05'18" West 1325.4I 'feet;
thence South 89°34'06" West 660:07 feet more or less to the Easterly
Right of way of State.Highway.No. 82; '
thence the following courses and .
distances along said•Right of'way-line: 172.83 feet along -the arc of a curve
Mto,the right having a radius of 246.5 feet (the chord of which bears -
North 28°34'11'. West 169.31 feet), - .
0 •.North 08°29' Wese.501.4 feet,
D. 253.52 feet along the arc_of a curve to the left having a•radius. of •326.5 • • '
• feet (the chord of which bears North 30°93'30'•West• 297.2 feet), •
North 52°,58' West 123.22 `feet; .
,- • thence departing $rid Right of way line North 00°08'18" East 78.48 feet; .'
`'thence North -89°51 '42" 'West..116.68 feet more o•r. 'less co said Easterly-Right-••f .
<:way;ine; • , - . -i
' . thence Worth •52°58'-West :'34•.08 feet along:said Right of way line, '
. thence departing said Right- of way.line North 05°05'36". East 249.162 feet-,to•• • •
the point of beginning. . - -
, EXCEPTING THEREFROM the following parcel described as. follows: •
A parcel of land situated in the North one—half of section 20, '
Township I0 Southy Range 84 West of the Sixth Principal meridian, 'being mote
ri fully described as follows: ' •
Beginning at the North Quarter Corner of said Section 20, ( A 1978 Brass Cap
P 12.Place); . •
ID . thence North 89°34'30" East 300.00 feet; ,
•
thence south 38°07'1O" East. 314.00.feet; i
• • thence South 89°34 '30' West 516.00 feet; - . '
111 thence North 05°05'36' East 249.62 feet to 'the Point of Beginning. ' •
ALSO KNOWN AS THE "FATHERING PARCEL" SMITH •EXEMPTION PLAT RECORDED -
. DECEMBER 28, 1984 rN .PLAT 3001C 16 AT PAGE 81 AS RECEPTION NO. 265054.
COUNTY OF _oITXSN, STATE OF COLORADO.
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ATTACHMENT 5
Attachment 5A: Board of County Commissioner(BOCC)Resolution No. 99-23
Approving 1041 Hazard Review,Conceptual Submission and Special
Review for a Caretaker Dwelling Unit
Attachment 5B: Chesley 1041 Hazard Review Site Plan: Book 51 Page 24
Attachment 5C: BOCC Hearing Officer Determination No. 42-2005 1041 Hazard
Review, Conceptual Submission, Special Review and GMQS
Exemption for TDRs and a Caretaker Unit
Attachment 5D: LG Aspen LLL 1041 Hazard Review Site Plan Book 81,Page 8,9
Attachment 5E: Hearing Officer Determination No. 17-2007 Approving Scenic
Overlay Review
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431071 05/14/1999 11:00A RESOLUTI DAVIS S
ATTACHMENTILVI
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO,GRANTING 1041 HAZARD REVIEW,CONCEPTUAL SUBMISSION AND
SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT TO PAUL CHESLEY
Resolution No.99-‘.7...5
RECITALS
1. Paul Chesley("Applicant")has applied to the Pitkin County Board of County Commissioners
("BOCC")for 1041 Hazard Review and Conceptual Submission approval to establish a building
envelope for the construction of a single-family residence,a detached caretaker dwelling unit,a
horse barn and corral and customary accessory uses.
2. The property is located approximately ''/,mile southeast of the City of Aspen. The property is
across State Highway 82 from the NorthStar Preserve. The street address of this parcel is 43351
State Highway 82. The property is more specifically described as a tract of land being part of
Government Lot 1,situated in the Northwest Quarter of the Northeast Quarter of Section 20,
Township 10,Range 84 West of the 6th PM.
SdutO
3. The Planning and Zoning Commission("Commission")at a regular meeting on April 14, 1998
reviewed this application,and a unanimous recommendation of approval with amended
conditions was forwarded to the BOCC.
4. The BOCC finds that this application proposes development in the best possible location,given
the hazards identified on the property.
5. The BOCC has determined that the proposed caretaker dwelling unit meets the standa is established
in Section 3-150.130 of the Land Use Code. The Applicant proposes to deed restrict the proposed
,� caretaker dwelling unit pursuant to Section 3- 150.130(B),Caretaker Dwelling Units,and Section 3-
` 210.10,Special Review,of the Land Use Code("Code").
v 6. The BOCC heard this application at a duly noticed public hearingon February 10, 1999,at which
time evidence and testimony were presented with respect to this application.
7. The BOCC finds that the application generally complies with the applicable sections of the Code.
NOW THEREFORE BE IT RESOLVED by the BOCC that it does hereby grant approval to
s"J the Chesley 1041 Hazard Review,Conceptual Submission and Special Review for a Caretaker Dwelling
Unit, subject to the following conditions which shall run with the land and be binding upon all successors
in interest:
1. Prior to the submittal of any building permit applications, the Applicant shall record a 24 x 36 inch
mylar 1041 Hazard Review Site Plan which meets the approval of the Community Development
Department and County Attorney. The site plan shall also be submitted in a digital format for
integration into the County Geographic Information System, prior to the submittal of any building
permits. The site plan shall include:
I 111111 11111 111111 111111 11111111111 III 1111111111111
428598 03/09/1999 02:52P RESOLUTI DAVIS SILVI
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ATTACHMENTS
Resolution No.99- 1 111111 11111
Pagel 111111 Illi 1111 11111 Ent 111 ILII
2 1071 003/14/1999 0. 11:00A 111111111
ROSOL,UTI OAVIS SILVI
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A. The apprvpriatt,aig::atutc blocks ()Trite shall be Included on the racesite an. COUNTY CO
B. A note shall be added to the site plan which states that "all structures shall avoid 30% slopes,
except for the driveway, which may cross anomalous 30%slopes."
C. Slopes of greater than 30% that were determined by the Board not to be anomalous shallp e,
removed from the building envelope. be
D. The portion of the building envelope to the northeast of the drainage channel, which has
been surveyed,shall be removed. not
E. The following 1041 Hazard Review Warning and Disclaimer shall be added to the face of the
site plan:
"1041 environmental hazard areas exist that might affect the property, any
improvements, and the use and occupancy thereof"
2. Prior to the submittal of any building
permit
use application for a Scenic Overlay revs wor thelApplicant shall either submit a land
Applicant mustant demonstrate that the
development is insignificant and will not impact the visual quality of the overlay area for a posed
Planning Director sign-off pursuant to Section 3-60.40(D)of the Land Use Code.
3. The Applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. Brush,debris,and non-ornamental vegetation shall be removed within a minimum 10 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuit
minimum of a 30 foot perimeter around a structure built on flat ground. y of the fuels a
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall be two
times the height of the fuel. All measurements shall be from the edges of the crowns of the
fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be
pruned
10 feet above the ground and removal of ladder fuels from around trees and buto a
sh. height of
E. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between
the edges of the crowns. This does not apply to mature stands of Aspen trees where the
above recommendation for removal of ladder fuels have been compiled with. In areas of
aspen regeneration,the spacing P g guidelines shall be followed_
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuel within a 100 foot perimeter of the structures shall be
natural reduction has not already occurred. reduced where ,
H. All deadfall within the 100 foot perimeter shall be removed.
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ATTACHMENTI
Resolution No.99- 3
Page 4
foundation has been staked. This fence shall remain in place until a Certificate of Occupancy
has been obtained.
C. Outdoor construction activities shall be limited to daylight hours during spring and fall
migration periods(April 15 to June 15 and September I to December 15).
dences shall be allowed. This
ncin
D. Fencing for exceed200sqrea uare feet. Existing fencing onacnt to the primary 'the property serving no purpose otherg
shall not exxq
than what is allowed shall be completely removed.
E. All dogs shall be kenneled.
F. Outside storage of garbage shall be contained in bear-proof containers.
G. There shall be a two horse limit on the property. Horses shall be removed from the property
during winter months. No grazing shall be allowed. Hay and grain shall be provided only
within the barn. The corral size shall not exceed a 1/3 of an acre and the rails of the corral
fencing shall be removed during the migration periods(April 15 to June 15 and September 1
to December 15).
PP
6.
The Applicant shall adhere to the standards of Section 3-80.50(CXI)as follows:
A. Adequate mechanical support shall be provided for cut slopes.
B. Adding water,which may decrease slope stability,shall be avoided.
C. Adding weight to the top of the slope shall be avoided.
D. Disturbed slopes must be contoured so that they can be revegetated.
=a$ E. Steepening of existing slopes shall be avoided.
zF. Cuts,fills,grading and excavation shall be confined to the minimum area needed for
H M
Hconstruction.
7. The Applicant shall comply with the following geologic mitigation measures:
=emil
A. The house shall be built to the specifications given in the Uniform Building Code for Seismic
741 Zone II.
wow g
nem o B. Potential debris flow from the gully could be a possible problem. In most cases,debris flow
will occur around the designated building site due to natural topography. However,landscaping
��a \ during and after construction of the house should be completed as to improve upon the natural
m oc topography to insure debris or mudflows will be diverted around the site. A berm or wall six
feet in height near the top of the envelope to four feet high near the highway should be erected.
�
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—st 14* C. Due to high groundwater table and the possibility of mudflows,ground-level living space
should be drained and sealed against water leakage. In addition,the foundation wall should
project at least four feet above grade and contain no doors, windows,
or other openings along the north or east walls.
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Resolution No.99- 3 " T ACHMENT
Page 5
D. Tho potontial for hydro.compaction can bo oanily niitigatod by prc.por enilc engineering
techniques at the site-specific level to insure a correct foundation design.
8. The Applicant shall comply with the following access and driveway requirements:
A. The driveway shall be designed to comply with County standards.
B. Access to the property shall be reviewed and approved by the County Engineer, prior to the
issuance of any building permit. Information submitted to the County Engineer for an access
permit should include a driveway plan. A profile and cross-section shall be done for the areas
of 30 percent slopes.
C. For the proposed access off of State Highway 82,prior to the issuance of any building permits, •
the Applicant shall obtain an access permit from the Colorado Department of Transportation
and Pitkin County.
D. The inside radius of the turnaround shall be approximately 45 feet.
E. The Applicant shall submit a drainage and erosion plan to the County Engineer. The plan shall
address the management of runoff during construction.
F. The driveway shall be constructed as to avoid the need for any retaining walls that could restrict
wildlife movement. If a retaining wall is required it shall not exceed 42" in height.
G. A 3:1 wetland restoration should be required to mitigate the wetland area lost to the driveway.
A mitigation plan shall be approved by the County Wildlife Biologist prior to the submittal of
any building permit applications. Mitigation shall be completed within one year of construction
MUM- �0 of the driveway. A$2,000.00 bond is required at the time of application for an access permit
.-—'. and shall be held by the County until the mitigation is completed and approved by the County.
N a I I. There shall be a 25' setback from the edge of the broad wetland area that is located to the north
moo" of the building envelope. There shall be a 20' setback from the center of the distributary
_•-•« channel.
ae
ammo JH
�w 9. No development, including grading, landscaping,bcrming,vegetation removal or disturbance, shall
m occur outside of the approved building envelope,except for utility and driveway extension and
m m maintenance,and as may be necessary to implement the wildfire mitigation measures required
ficaa Z elsewhere in this document.
•
10. Additional landscaping on the site aside from existing vegetation shall require a landscaping plan
ai-°;- a which should be submitted to the Community Development Department for approval,prior to the
a submittal of any building permits.
mom .
-gym
EMI o: I I. Construction of any berms involving more than 50 cubic yards of earth requires an Earthmoving
`e r Permit.
«o
°'n 12. Disturbed areas as a result of grading,construction activities,and on-site retention shall be
revegetated within one growing season of the disturbance.
1 111111 11111 Ilii 11111111111111111 III 11111 Ell Il li
428595 03/09/1999 02:52P RESOLUTI DAVIS SILVI
5 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
000022 _ _
Resolution No.99- ATTACHMENT 5
Page 3
I. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
4. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roof construction shall be Class A,non-combustible material with no flat roofs.
B. Vents shall be screened with corrosive resistant wire mesh with mesh ''A inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter,slash,and flammable debris.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than
ter, 6 inches.
J
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from
�
M g the structure.
Nomg ca
z H. Fences shall be kept clear of brush and debris.
7FFGG
■� d 1. Wood fences shall not connect to the structure.
J. Fuel tanks shall be installed underground with an approved container.
�Ssmile z
moo
K. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from
the structure with defensible space vegetation mitigation around any above-ground tank.
610
Any wood enclosure around the tank shall be constructed with materials approved for 2 hour
▪ o
fire-resistive construction on the exterior side of the wails.
E ms S
�a
;Ea of L. Each structure shall have a minimum of one 10 pound ABC fire extinguisher.
�m o M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
N. The driveway shall be designed to comply with County standards.
0. All utility extensions shall be buried.
5. The Applicant shall implement the following measures to mitigate impacts to wildlife:
A. Minimize removal of cover along the driveway that would screen the homesite from elk
approaching the highway crossing from the west.
B. An orange safety fence shall be installed around the perimeter of the building site to the
distance required for inadvertent impact to wetlands and wildfire mitigation once the
111111 11111111111 1111 111111 111111111111131111 1111111
428598 03/09/1999 02:52P RESOLUTI DAVIS SILVI
000023 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
•
•
Resolution No.99- 3_ ATTACHMENT
Page 6
A frreplace/woodctove application moat be filed with tlw Dry itviimcntul I Ivaltli Dopatuomtit pi jut to
the submittal of any building permits(if necessary).
14. The Applicant shall submit a Fugitive Dust Plan to the Environmental Health Department prior to
the issuance of any building permits. The plan shall include measures to ensure that dust does not
become a nuisance and blow onto adjacent properties.
IS. Prior to the submittal of any building permit applications,documentation shall be provided to the
Environmental Health Department regarding the location of the proposed well and maintenance of
the setbacks(between the septic and well),and the quantity and quality of well water on the site.
16. Due to high groundwater and drainage on the parcel,a profile hole and percolation test shall be
conducted during runoff and during the season of high ground water,which is normally late spring
to early June. The results of the tests shall be submitted to the Environmental Health Department
prior to the submittal of any building permit applications.
17. The Applicant shall comply with the following conditions for the proposed Caretaker Dwelling Unit
if constructed:
A. The caretaker dwelling unit shall be limited to 700 net livable square feet.
B. The kitchen unit shall contain at least a two-burner stove with oven,a standard sink,and no less
than a 6 cubic foot refrigerator plus freezer.
C. Prior to the submittal of any building permit applications,the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction.
Irma_
J$ D. Housing Office staff shall inspect the unit prior to the issuance of a Certificate of Occupancy.
Wring.
N E. The Applicant shall meet the requirements of the Environmental Health Department regarding
air quality,water and septic system.
`�.+ 18. For any free market residential structure of 5,000 gross square feet or greater, the Applicant shall
4 comply with Section 4.01.01(B)of the Pitkin County Road Management and Maintenance Plan,
which requires the Applicant to provide construction trip and residential trip generation studies.
The Applicant shall comply with this provision as it is in effect at the time of building permit
issuance to the satisfaction of the County Engineer.
mai
mon:e"E 19. All material representations made by the Applicant in the application and public meeting shall be
o adhered to and considered conditions of approval, unless otherwise amended by other conditions.
�I0
aim gm z 20. The vested rights for the approval contained herein shall expire on February 10,2002.
—moo
arell nem
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 9TH DAY OF
rJANUARY
c 1999.
..
-�M
arm
APPROVED AND ADOPTED ON THE 10TH DAY OF FEBRUARY 1999.
111111 11111 111111 Iiii 111111 111111 11111 111 11111 Ell 1111
428598 03/09/1999 02:52P RESOLUTI DAVIS SILVI
00002 14. 8 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
Resolution No.99-)3 �TTACNMENT..f.
Page 7
VESTED RIGHTED NOTICE PUBLISHED ON THE 6 DAY OF 1fli)
ATTEST: BOCC OF COUNTY COMMISSIONERS
O''ITKIN COUNTY CO ORADO
•
iii - • 1191 ' I •I.rI .
/ = • • - •'- y/v )ee/, • eslie J. Lamo y
Deputy Clerk and Recorder Chair
Date: 3 J y J /
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, Cindy Houben,
County y Community Development Director
Case#P11-98
PID#2737-173-00-011
11I111111111
111111111111 i111111111ii1 111 IIII11111111
4 431071 05/14/1989 11:00A RESOLUTI DRVIS
7 of 7 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO
1111111111111111111111111I 1111 iIII
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4203'96 03/09/1 02:52P ItESOLUTI DAVIS
5 7 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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5 �� s A tiCHMENT
U (001/11/2006 01 4a
JAn10E K VOS CriJDILL PIIY.IJ COUNTY R 0.(19) D 0.00
1)1.:TEIIMINA7'ION THE HEARING Oil'ICER Ol '1 ►I►•; COMMUNITY DEVELOPMENT
DEPARTMENT OF 1'JTKIN COUNTY, COLORADO,APPROVING 'I IIE %(;NY REA1,ESTATE
1,I,C 1041 HAZARD REVIEW,CONCEPTUAL SI IIIMISSJON,SPECIA1,REVIEW AND GMQS
EXEMPTION FOR'l'DRS AND A CARETAKER DWELLING UNIT
►)ctcruiivalion No./�-2(105
RECITALS
1. ZGNY Real Estate LLC("Applicant")has applied to the Pitkin County I[caring Officer("Hearing
Officer")to re-establish a building envelope within which to construct a single family residence and a
caretaker dwelling unit. The Applicant is also requesting special review approval as a TDR receiver site in
order to develop up to 15,000 square feet of floor area.
2. The parcel is located on Highway 82, east of Aspen across from the Northstar Nature Preserve,and
is more specifically described in Exhibit A.
3. The parcel is zoned AFR-10 and contains 27.1 acres.
4. The parcel was legally created and configured prior to May 8, 1972 and has not merged with
adjacent properties,and,therefore, is exempt from growth management for up to 5,750 square feet of floor
arca.
5. The BOCC granted 1041 hazard review and conceptual submission approval and special review
approval for a caretaker dwelling unit, pursuant to Resolution No. 99-23. The vested rights for the
approval expired in February of 2002. The site plan was recorded in Plat Book 51 at Page 24.
6. The Hearing Officer considered this application at a duly noticed public hearing on December 20,
2005, at which time evidence and testimony were presented with respect to this application.
7. The Hearing Officer finds that the building envelopes avoid wetland areas,are within alluvial fan
areas where the hazard can be mitigated,and are not within any critical wildlife habitat areas;and that the
wildfire hazard is rated as low to medium and can be mitigated.
8. The Hearing Officer further finds that the portion of the larger building envelope that is located
above the 8082' elevation line contains consistent slopes in excess of 30% and does not comply with any
of the exceptions in Section 3-80-050(C)1.c of the Code that would permit development in this area.
9. The Hearing Officer further finds that the remaining portion of the large building envelope and
the smaller, northerly building envelope arc primarily comprised of slopes of less than 30%, and that the
areas within the envelopes that contain slopes in excess of 30% comply with the exception for minor
natural or man-made changes in gradient, pursuant to Section 3-80-050(C)1.c.ii.c of the Land Use Code.
10. The Hearing Officer further finds that the property is consistent with the special review criteria for a
TDR receiver site and that limiting the replacement residence to a maximum of 10,750 square feet of floor
area is appropriate in order to ensure that the residence is compatible with the surrounding development and
consistent with the East of Aspen/Independence Pass Master Plan, and in order to maintain the visual
quality of the area.
OOOO' 7
:ATTACHMENT
•
519616
e: o
Hearing Officer Determination Nn.ya-2005IIIIIII 01/Pag11/22006f 701:441 01:44
Page 2 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00
NOW TIIEREFOItE BE 17'RI:soLVED by the Pitkin County Community Development
!fearing Officer that he docs hereby approve the ZGNY Real Estate LLC 10411 Jazard Review, Conceptual
Submission, Special Review and GMQS Exemption for TDRs and a Caretaker Dwelling Unit,subject to the
following conditions, which shall run with the land and be binding on all successors in interest.
1. This approval and the conditions herein shall repeal and replace 13OCC Resolution No. 99-23 and its
conditions of approval.
2. Prior to submission of any earthmoving, access,or building permit applications for new development,
the Applicant shall submit a 1041 1-Lazard Review Site Plan to the Community Development '
Department for approval and recording. The mylar copy of the site plan must be signed by the owner
prior to submittal for recoiding. The site plan shall be amended as follows, prior to recordation:
A. Eliminate the portion of the southerly envelope above the 8082' elevation line.
B. Include the delineated wetland areas on the site plan.
•
3. Prior to submission of a septic permit,the Applicant shall provide documentation of an adequate qual:'.y
and quantity of water from the well the Environmental Health Department.
4. Prior to submission of any building permit applications,the Applicant shall:
A. Obtain a site specific geotechnical study from a qualified professional engineer or geologist to
4 determine appropriate foundation design, as well as direct or indirect structure protection to
mitigate for potential debris flows. Any mitigation devices such as berms shall be located within
the approved envelopes, unless a location outside of the envelopes is approved by the
Community Development Department.
• B. Submit an application and gain approval for a Scenic Overlay/Ridgeline Review once plans for the
proposed residence have been prepared.
5. Prior to issuance of any building permit applications, the Applicant shall:
A. Obtain a County access/driveway development permit and a CDOT access permit. The driveway
shall be constructed as to avoid the need for retaining walls that could restrict wildlife
movement. If a retaining wall is required, it shall not exceed 42" in height.
B. Pay the applicable road and employee housing impact fees.
C. Obtain approval of a septic permit from the Environmental Health Department. The system shall be
located within the approved building envelopes,and must comply with the setback requirements
from surface and groundwater sources. A qualified professional engineer must design the system.
D. Obtain fireplace/woodstove permits from the Community Development Department, if necessary.
N. Submit a drainage and erosion control plan for review and approval by the County Engineer.
F. Submit a Construction Management Plan in accordance with the Pitkin County Assets
Management flan. (or review and approval by the County Engineer. The Plan shall indicate that
vehicles associated with construction (i.e. employee traffic, construction vehicles, staging and
deliveries) shall not park within the highway right-of-way.
000020
' ATTACHMENT
51566
Paye: ?, of
//((II Jil:� O//ui'i /)elcri,ri,iolion No -2005 II II , II01/11/2006 701:4I 01:4'
/'i�,,i. 3 JAtIICE K VOS CAUDILL PITKIIJ COUNTY CO----JR 0.00 D 0.00
6. The property shall he limited to a maximum of 10,750 square feet of floor area exempt from growth
management, with floor area in excess of 5,750 square feet being available only through use of
•1-1)Rs. At building permit application. the Applicant shall surrender original Certificates ofTDRs
and a copy of the deeds evidencing the Applicant's acquisition of the Ccrtif icates(if applicable), in
order to develop more than 5,750 and up to 10,750 square feet of floor area.
7. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the building envelopes and install construction fencing around the perimeter of the
envelopes. Silt fencing shall be installed adjacent to the wetlands. The fencing shall remain in place
until a Certificate of Occupancy is issued for the residence.
8. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Dogs shall be kenneled.
B. Native vegetation shall be maintained outside of the building envelopes.
C. Provide waste storage that complies with the County's Wildlife Protection Ordinance.
Verification of compliance shall be provided prior to issuance of a certificate of occupancy.
D. Avoid fruit-bearing trees and shrubs in any landscaping.
E. Fencing for a privacy area adjacent to the primary residence shall be allowed within the building
envelope. This fenced area shall not exceed 200 square feet. Fencing is otherwise prohibited.
Existing fencing shall be removed.
F. Minimize removal of cover along the driveway that would screen the homesite from elk crossing
the highway from the west.
G. Outdoor construction activities shall be limited to daylight hours during spring and fall migration
periods (April 15 to June 15 and September 1 to December 15). -
H. There shall be a two horse limit on the property. Horses shall be removed from the property
during winter months. No horse grazing shall be allowed. Hay and grain shall be provided only
within the barn. The corral size shall not exceed 1/3 of an acre and the rails of the corral fencing
shall be removed during migration periods (April 15 to June 15 and September 1 to December
15).
I. Any wetlands disturbed to construct a driveway from the southerly envelope to the northerly
envelope shall be mitigated on-site at a 3:1 ratio, subject to a restoration plan reviewed and
approved by the county prior to issuance of a permit for the driveway. Mitigation shall be
completed within one year of construction of the driveway. Financial security shall be provided
in an amount determined by the County to ensure the success of the restoration, and shall be held
by the County for a minimum of 2 years following completion of the restoration.
9. The Applicant shall comply with the following wildfire mitigation standards:
A. Brush,debris, and non-ornamental vegetation shall be removed within a minimum 10 foot perimeter
around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a minimum
of two times the height of the fuel. Maximum diameter of the clumps shall not exceed 10 feet. All
measurements shall be from the edges of the crowns of the fuel.
00002
•
ATTACHMENT 5
• V
•
II
II
� . 519616
Page•: 4 of 7
00II 11 I 1111 11 II/fc'ariri�r 6
Officer /)e'lurmina(jon Nova_:200. JRN,cC K VOS CRUD ILL PITKIN COUNTY CO R 0.00 01/110 0.0001 :4A 0001 .an
Page 4
D. All branches from trees and brush within the 30 loot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall he removed.
E. Tree crown separation within the 30 k of perimeters shall have a minimum of 10 feet between the
edges of the crowns. This does not apply to mature stands of aspen trees where ladder fuels have
been removed as recommended above.
F. All branches that extend over the roof caves shall be trimmed and all branches within 15 feet of the
chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
K. Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood
shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted
unless they comply with the following:
1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall be prohibited.
4) Roofs shall be installed as required by the adopted building code and shall have a minimum
slope of 1:48.
5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire
Marshal prior to submittal of a building permit application.
L. Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum.
M. Roofs and gutters shall be kept clear of debris.
N. Yards shall be kept clear of all litter, slash, and flammable debris.
0. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
P. .Swimming pools or ponds shall be accessible to Fire Department vehicles.
Q. Fences shall be kept clear of brush and debris.
R. Wood fences shall not connect to the structure.
S. Fuel tanks shall be installed underground with an approved container.
T. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the
structure with standard defensible space vegetation mitigation around any above-ground tank. Any
wood enclosure around the tank shall he constructed with materials approved for 2 hour tire-
resistive construction on the exterior side of the walls.
(1. Each structure shall have a minimum ol'one It) pound approved AF3(: fire extinguisher placed in a
visible and accessible location.
V. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
W. New utility lines shall be buried within the driveway(s).
10. The development shall comply with all of the codes and rcqui:cnicnts(tithe Aspen Fire Protection
)istrict.
I I. l.xterior hwwlrting`:hall comply with i.e.:ml:clrw ,n . in ellcct at the time of installation.
00003C/
ATTACHMENT 5�
519616
tie nrin, officer /leterminulinn No. -21, II II 1111
Pagc: 5 of 7
I 01/11/2006 01:4L
>"t1S!('5 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
12. No development, including grading, excavation, fill placement, berm ing, landscaping,vegetation
removal or disturbance, or septic system shall occur outside()Hite approved envelopes. Driveway
extension and maintenance shall occur within approved building or access envelopes. Only
landscaping and utility line extensions shall occur within the landscaping and utility envelopes.
13. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the project's completion.
14. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and the kitchen shall contain
a minimum of a two burner stove with oven, standard sink, and a 6 cubic foot refrigerator plus freezer.
One off-street parking space shall be provided for the unit.
15. Prior to submission of any building permits for the caretaker unit,the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction.
16. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit,the Housing Office may
inspect the unit.
17. The Applicant shall adhere to all material representations made in the application or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
18. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property. •
19. 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, §
4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 20,
•
2008.
NOTICE OF PUBLIC IIEARING PUBLISHED IN TIIE ASPEN TIMES WEEKLY on the
20`1'day of November, 2005.
. APPROVED AND ADOPTED this 20th day of December,2005.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the •
Aspen Times Weekly on the I day of j nnugr',
000031
ATTACHMENT
519616
IIIIPi c: 5 of 7
`I 01/11/2005 01:4'
Hewing Hiker/)elurminaiion Nr/ya _?00.5 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
/'(I. (,
COMMUNITY DEVELOPMENT
DEPARTMENT ['FARING OFFICER
OF PITKIN COUNTY, COLORADO
By oG-
A"I"l I.;ST: James R. True, Hearing Officer
Date 1 L'v/o.5—
Bonnie Waeclitler, Administrative Assistant
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
---(an
C
John Ely, Cindy Houben,+
County I. Community Development Director
P203-05;PID4273720100002
•
•
000032
ATTACHMENT S
[XHIB!T A
Order Number: 00024133
LEGAL DESCRIP770N
A tract of land being part of Government Lot 1 , .ituated in the Nor:nwez:
Quarter of the Northeast Quarter of Section 20, Township 10 Soutn, Rang 3;
West of the Sixth Principal Meridian, more particularly described a_ _ .._lows:
Beginning at the North Quarter Corner of Section 20,
thence North 89°34 '30" East 1320.07 feet;
thence South 05°05 '18" West 1325 .4I feet;
thence South 89°34 '06" West 660.07 feet more or less to the Easterly
Right of way of State. Highway No. 82;
thence the following courses and
distances along said Right of way "line: 172 .83 feet along the arc of a c.:rve
co the right having a radius of 246.5 feet (the chord of which bears
North 28°34 '11" West 169.31 feet) ,
North 08°29' West 501 .4 feet,
253 .52 feet along the arc of a curve to the left having a radius of 326 _=
feet (the chord of which bears North 30°43 '30" West 247 .2 feet) ,
North 52°58 ' West 123 .22 feet;
thence departing said Right of way line North 00 °08 '18" East 78.48 fee:;
thence North 89°51 '42" West 110.08 feet more or less to said Easterly Right of
way line;
thence North 52°58 ' West 94 .08 feet along said Right of way line;
thence departing said Right of way line North 05°05 '36" East 249 .62 fee: :o
the point of beginning.
EXCEPTING THEREFROM the following parcel described as follows:
A parcel of land situated in the North one-half of Section 20,
Township 10 South, Range 84 West of the Sixth Principal Meridian, being more
fully described as follows: •
Beginning at the North Quarter Corner of said Section 20, ( A 1978 Brass Cap
in Place);
thence North 89°34 '30" East 300.00 feet;
thence South 38°07'10" East 314.00 feet; • •
thence South 89°34 '30" West 516.00 feet;
thence North 05°05 '36" East 249.62 feet to the Point of Beginning.
ALSO KNOWN AS THE "FATHERING PARCEL" SMITH EXEMPTION PLAT RECORDED
DECEMBER 28, 1984 IN PLAT BOOK 16 AT PAGE 81 AS RECEPTION NO. 265054 .
•
COUNTY OF PITKIN, STATE OF COLORADO.
111 I 1 h
I"r i rn7 1111 1011 r 1 r-i^ 1 6
I�II�III III Hi liI II II III I�I 0Page: 7 of 7
1/11/2006 01:44 •
•
JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00
000033
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ATTACHMENT
DETERNIINATION OF THE HEARING OFFICER OF PITION COUNTY,COLORADO,
GRANTING APPROVAL OF THE LG ASPEN LLC SCENIC OVERLAY REVIEW
Determination No. n( -2007
RECITALS
1. LG Aspen LLC (Applicant)has applied to the Hearing Officer of Pitkin County, Colorado
(Hearing Officer)for Scenic Overlay approval for a new single-family residence that will be visible
from State Highway 82, pursuant to Section 3-60-040 of the Pitkin County Land Use Code(Code).
Additionally,the Applicant is requesting Special Review approval to utilize TDRs for additional
floor area up to 13,250 square feet(the original request for this application requested 4 TDRs for
additional floor area up to 15,000 square feet). The property is currently approved for 10,750
square feet.
2. The property is located off of Highway 82 across from the North Star Preserve and is more
specifically described in Exhibit A.
3. The property received 1041 Hazard Review, Conceptual Submission and Special Review
approval for a CDU pursuant to BOCC Resolution No. 99-23. The property then received 1041
Hazard Review and Special Review approval for additional floor area through the use of TDRs
and for a CDU pursuant to Hearing Officer Determination No. 42-2005.
4. The Hearing Officer,at a duly noticed public hearing on January 16,2007,reviewed this
application,at which time evidence and testimony were presented with respect to this application.
The application was then continued to March 20,2007, in order for the Hearing Officer to conduct
a site visit. The site visit was conducted on March 13,2007. The application was then continued to
June 19,2007,and then to June 26,2007.
5. The Applicant submitted a complete application prior to July 6, 2006,therefore,the application is
being considered pursuant to the 1994 Land Use Code,as amended.
6. The Hearing Officer finds that the application generally complies with the applicable sections of the
Code.
NOW 1'HIREFORE,BE IT RESOLVED by the Pitkin County Hearing Officer that it hereby
denies the request for Special Review to utilize TDRs for additional floor area up to 13,250 square feet,and
grants approval to the LG Aspen LLC Scenic Overlay,subject to the following conditions which shall run
• with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and public
meetings.
2. The Applicant shall comply with Hearing Officer Determination No.42-2005,unless otherwise
replaced or amended by the conditions of this approval.
3. The exterior of the residence shall be finished in earth tones,which blend with the colors of the
natural surrounding environment. Roof materials shall be non-reflective. Color and material
RECEPTION#: 540076, 07/19/2007 at
04:05:29 PM,
,33 j a 1 OF 3, R $0.00 Doc Code RESOLUTION
L72/30403_
----x� - --- Janice K.Vos Caudill, Pitkin County, CO
000036
Determination No. 4J - 2U,,,,
• Page 2
ATTACHMENT
samples shall be provided to Community Development for approval prior to issuance of building
permits.
4. Prior to the issuance of a building permit, a finalized Landscape Plan shall be submitted for review
and approval by Community Development.
5. All exterior lighting shall comply with the regulations of the Pitkin County Land Use Code.
•
6. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted
herein shall expire on June 26, 2010.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 10TH
DAY OF DECEMBER,2006.
APPROVED AND ADOPTED ON THE 26TH DAY OF JUNE 2007.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ONju 1,5 )c-- ?
HEARING OFFICER
ATTEST: OF PITKIN COUNTY, COLORADO
6,,AJI;111344 .ev-1
Bonnie Waechtler, •
True,
Administrative Assistant Hearing Officer
Date: -7 11(015:1
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
John Ely, "k�LCC-4
C d ouben,
County Attorney Community Development Director
Case #P178-06
273720100002
000037
ATTACHMENT Si
EXH 6!T
Order NL.mber: 00024133
LEGAL DESCRIP77ON
A tract of land being part of Government Lot 1, situated in the Northwest
Quarter of the Northeast Quarter of Section 20, Township 10 South, Range 8;
West of the Sixth Principal Meridian, more particularly described as :.,__cws:
Beginning at the North Quarter Corner of Section 20,
thence North 89°34 '30" East 1320_07 feet;
thence South 05 °05 '18" West 1325.41 feet;
thence South 89°34 '06" West 660.07 feet more or less to the Easterly
Right of way of State- Highway No. 82;
thence the following courses and
distances along said Right of. way 'line: 172. 83 feet along the arc of a curve
to the right having a radius of 246.5 feet (the chord of which bears
North 28°34 '11 " West 169.31 feet) ,
North 08°29' West 501 .4 feet, •
253.52 feet along the arc of a curve to the left having a radius of 326.5
feet (the chord of which bears North 30°43 '30" West 247.2 feet) ,
North 52°58 ' West 123.22 feet;
thence departing said Right of way line North 00 °08 '18" East 78.48 feet;
thence North 89°51 '42" West 110.08 feet more or less to said Easterly Right of
way live;
thence North 52 °58 ' West 94.08 feet along said Right of way line;
thence departing said Right of way line North 05°05 '36" East 249.62 fee: :o
•
the point of beginning.
EXCEPTING THEREFROM the following parcel described as follows:
A parcel of land situated in the North one-half of Section 20,
Township 10 South; Range 84 West of the Sixth Principal Meridian, being more
fully described as follows:
•
Beginning at the North Quarter Corner of said Section 20, ( A 2978 Brass Cap
in Place);
thence North 89°34 '30" East 300.00 feet;
thence South 38°07 '10" East 314.00 feet; -
thence South 89°34 '30" West 5I6.00 feet;
thence North 05°05 '36" East 249.62 feet to the Point of Beginning. •
•
ALSO KNOWN AS THE "FATHERING PARCEL" SMITH EXEMPTION PLAT RECORDED
DECEMBER 28, 1984 IN PLAT BOOK 16 AT FAGE 81 AS RECEPTION NO. 265054 .
COUNTY OF PITKI N, STATE OF COLORADO.
•
uq
�..r..
y �1J C ;, 01/11/2006 01:44
JAN . - • .00 D 0.00
000038
ATTACHMENT 6
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
LOCATION: 43399 Hwy 82 PID# 273720100002
ZONING: AR-10 SIZE: 27.3 Acres
OWNER: Susan and Jeffery Miller
REPRESENTATIVE: Davis Horn, Inc. PHONE & EMAIL: ghorn(c�rof.net 925-6587
DATE: June 8, 2016 PLANNER: Mike Kraemer 920-5482
Type of Application: Minor Amendment to a Development Permit.
Description of Project/Development: The Applicant is requesting approval to amend a previous Activity
Envelope and Site Plan approval (Admin Decision No. 56-2013 — Reception Number 56-2013) to change the
wildfire hazard rating from "severe" to "medium". A professional wildfire report shall accompany the application.
Land Use Code Sections to be addressed in letter of request (application):
Sec. 2-20-150: Minor Amendments to a Development Permit
Staff will refer the application to the following agencies: None.
Review by: Community Development Director
Public Hearing: No.
FEES: $975 (Please make check payable to "Pitkin County Treasurer")
• Planning Office flat fee: $975 (non-refundable; based on 3 hours of staff time. If staff review time exceeds
3.6 hours, the Applicant will be charged for additional time above 3 hours at a rate of$325/hour).
To apply, submit one (1) unbound copy of the following:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail
to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current
uses and proposed future uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County
Land Use Application Manual.
2. Copies of the previous Administrative Decision.
3. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use
Application Manual;
4. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within
Pitkin County;
5. Consent from all owners to process application and authorizing the representative;
6. Total fee for review of the application;
7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees;
8. A copy of this Pre-application Conference Summary form.
NOTES:
> PLEASE SUBMIT ONE UNBOUND, SINGLE SIDED COPY OF YOUR COMPLETE
APPLICATION. THIS COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11'X17"
ALONG WITH A COMPLETE SET OF 24"X 36"MAPS.
> THE PARCEL Os SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR
APPLICATION.
> ALL MAPS SHALL BE FOLDED
> The Land Use Code and the Land Use Application manual are available on-line at:
http.//Www.pitkincounty.com/196/Land-Use
000039
ATTACHMENT 7
Susan W. and Jeffrey W. Miller
9516 Bella Terra Drive
Fort Worth, Texas 76126
(817) 564-5005
June 6, 2016
Mike Kraemer
Pitkin County Community Development Department
130 South Galena Street
Aspen, CO. 81611
RE: Authorization to Submit a Land Use Application for 1700 Lower River Road
Pitkin County Colorado
Dear Mike:
As the owners of the property at 43399 State Highway 82 in Aspen Colorado, I authorize Davis
Horn Incorporated to submit a land use application on our behalf and to represent us in the land
use review process. Glenn Horn and Alice Davis of Davis Horn Incorporated can be reached at
970 925-6587 and are located at 215 South Monarch Street Suite 104 in Aspen Colorado, 81611.
The parcel identification number (PID) for the property is 2737-201-00-002. Please call if you
need anything further.
Sincer •
NI
an W. Miller
Representative
000040
ATTACHMENT 8
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Susan W. and Jeffrey W. Miller
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for Amendment to a Development
Permit (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 012-2015 establishes a
fee structure for land 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 and/or Board of County
Commissioners to enable the Planning Commission and/or 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 rior�a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ 75- which is based on 3_ hours of staff time, and 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
/Susan W. and Jeffrey W. Miller
Cindy Houben / Print Name
Communijy-D o� nt •--ctor I``CCC
/Pi
.
Signature
Date: June 7, 2016
Mailing Address:
9516 Bella Terra Drive
Fort Worth, Texas 76126
(817) 564-5005
Effective 5/4/15
00004.1
ATTACHMENT 9
stewart title Stewart Title-Aspen
620 East Hopkins Avenue
Aspen, CO 81611
WRITTEN OWNERSHIP AND ENCUMBRANCE REPORT
Order No. 01330-81002 Date: June 06, 2016
Customer Reference: 43399 Highway 82
Aspen, CO 81611
LEGAL DESCRIPTION:
See Exhibit A
APPARENT OWNER OF RECORD:
Jeffrey W. Miller and Susan W. Miller
Deeds of Trust, Mortgages and Liens which purport to affect the above described property, as disclosed by the
records of the Clerk and Recorder of Pitkin County,Colorado,through the effective date of May 27, 2016:
1. A Deed of Trust executed by Jeffrey W. Miller and Susan W. Miller, to the Public Trustee, to secure an
indebtedness of$4,000,000.00 in favor of First Republic Bank recorded December 31, 2013 as Reception No.
606907.
2. Lien recorded November 10,2015 as Reception No. 624735.
NOTE: Vesting Deed recorded July 26, 2012 as Reception No. 590913.
The liability of Stewart Title, its affiliates and associates, for any errors or omissions affecting or relating to the information
appearing in this report is strictly limited to the amount paid for this report. The aforementioned liability is limited to the
customer who ordered this report. There are no expressed or implied warranties assuring or representing that this report
is reliable for title information, and therefore, should be verified by a Commitment for Title Insurance.
No representation is made as to the completeness, validity, or legal sufficiency of the documents referenced herein, nor
have any of such documents been examined to determine whether or not there are any exceptions, reservations;
encumbrances or other matters which might be detrimental to Title.
No search has been made for any reservations, restrictions, covenants, easements, rights of way, mineral interests, water
rights, and any other encumbrances which are not a deed of trust, mortgage or lien.
geettie
Authorized Countersignature
Kurt Beereboom
Authorized Representative of Stewart Title
Order No.: 01330-81002 Page 1 of 1
Written OE Report STCO
000042
RECEPTION#: 590913, 07/26/2012 at 02:25:57 PM, 1 OF 4, R $26.00
DF $557.50 Janice K. Vos Caudill, Pitkin County, CO
J�1.50
WARRANTY DEEI)
THIS DEED dated 26 July 2012, is granted and nude by and
between L G Aspen, LLC, a Colorado limited liability company
(the"Grantor") and Jeffrey W. Miller and Susan W. Miller,
as joint tenants,whose mailing address is:9516 Bella Terra Drive,
Fort Worth,Texas 76126 (the"Grantees").
WITNESS, that the Grantor, for and in consideration of the sum of Ten and oo/ 10 U.S.
Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency which
is hereby acknowledged,hereby grants,bargains,sells,conveys and confirms unto the j antees
and the Grantees'heirs,successors and assigns forever,all the real property,together with any
improvements thereon,located in Pitkin County,Colorado(the"Property")described a :
A tract of land being part of Governmer.t Lot 1,situated in the Northwest '4 of the
Northeast 1 of Section 20,Township to South,Range 84 West of the 6th Principi
Meridian,Pitkin County,Colorado,more particularly described as follows:
Beginning at a point whence the North Quarter Corner of Section 20 monumente 1- t
with a 1978 BLM Brass Cap bears S 89°36'49"W a distance of 298.99 feet;thence t'
89°36'50`E a distance of 1020.07 feet;thence S o5°07'38"W a distance of 1325.41
feet;thence S 89°36'26"W a distance of 660.07 feet to the Easterly right of way of
state highway No.82;thence the following courses and distances along said right of
k- way line: thence 172.83 feet along the arc of a non tangent curve to the right haring •
_ a radius of 246.50 feet, an included angle of 40010'20`, and the chord bears N
28°31'51" W a distance of 169.31 feet; thence N o8°26'40`W a distance of 501.40
feet;thence 253.52 feet along the arc of a tangent curve to the left having a radius or
_S 326.50 feet,an included angle of 44°29'20",and the chord bears N 30°41'20" 14 a
distance of 247.20 feet; thence N 52°55'40` W a distance of 123.22 feet; thence
}( departing said right of way line N 0O°10'38" E a distance of 78.48 feet; thence N
89°44'22" W a distance of 110.08 feet to a point on said easterly right of way line;
I thence N 52°55'4o"W a distance of 94.08 feet along said right of way line; thence
departing said right of way line N 89"36'5o" E a distance of 516.00 feet; thence N
38°04'5o"W a distance of 314.00 feet; to the point of beginning containing 1,178,541
square feet or 27.05 acres.
Also known as:43399 Highway 82,Aspen,Colorado 81611.
WITNESS,that the Grantor,acquired title to the Property pursuant to that certain Warnnty
Deed recorded on 5 January 2006,as Reception No.519297,that conveyed the Property using
the following metes and bounds description(the"2006 Legal Description"):
A Tract of Land being part of Government Lot 1,situated in the Northwest Quarter of
the Northeast Quarter of Section 20,Township to South,Range 84 West of the Sixth
LP.M.,more particularly described as follows:
000043
I •
RECEPTION,: 590913, 07/26/2012 at 02:25:57 PM, 2 OF 4,
Danica K. Vas Caudill, Pitkin County, CO
WARRANTY DEED
43399 Highway 82
Pitkin County,Colorado
Beginning in the North Quarter Corner of Section 20,thence North 89°34'3o"East
1320.07 feet;
thence South 05°05'18"West 1325.41 feet;
thence South 89°34'o6"West 660.07 feet more or less to the Easterly right of way of
State Highway No.82;
thence the following courses and distances along said right of way line: 172.83 feet
along the arc of a curve to the right having a radius of 246.5 feet(thc chord of which
bears North 28°34'11"West 169.31 feet),North o8°29'West 501.4 feet, 253.52 feet
along the arc of a curve to the left having a radius of 326.5 feet(the chord of which
bears North 30°43'30"West 247.2 feet),North 52"58'West 123.22 feet;
thence departing said right of way line North o0°08'18"East 78.48 feet;
1— thence North 89°51'42"West 11o.o8 feet more or less to said Easterly right of way
line;
thence North 52°58'West 94.08 feet along said right of way line;
�—J thence departing said right of way line North o5°05'36"East 249.62 feet to the point
— of beginning.
Excepting therefrom the following parcel described as follows.
A parcel situated in the North Half of Section 20,Township to South,Range 84 West
iof the Sixth P.M.,being more fully described as follows:s Beginning at the North Quarter Corner of Section 20(1978 brass cap in place);
thence North 89°34'3o"East 300.00 feet;
thence South 38°07'1o"East 314.0o feet;
thence South 89°34'3o"West 516.00 feet;
thence North 05°05'36"Fast 249,62 feet to the Point of Beginning;
Also known as the Fathering Parcel Smith Exemption Plat recorded December
28,1984 in Plat Hook 16 at Page 81 as Reception No.265054.
WITNESS,to the extent the 2006 Legal Description covers or includes any real property that is
not covered by or included in by the legal description of the Property described above,any such
real property covered by or included in the 2006 Legal Description is also conveyed to the
Grantees by this Warranty Deed.
TOGETHER with all and singular the heroditaments and appurtenances thereunto belonging,
or in anywise appertaining,the reversions,remainders,rents,issues and profits thereof,and all
the estate,rights,titles,interests,claims and demands whatsoever of the Grantor,either in law
or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances,unto the Grantees and the Grantees'heirs,successors and assigns forever.
/
Page 2 of 4
00004•
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX#(970)920-5439
June 29, 2016
Glenn Horn
215 South Monarch Street, Suite#104
Aspen, CO 81611
ghorn@rof.net
Re: Miller Minor Amendment to a Development Permit
(CASE P053-16; PID 2737-201-00-002)
Dear Mr. Horn:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482.
Sincerely,
Bonnie Shiles
Administrative Assistant
PITKIN •LINTY COMMUNITY DEVELOMENT
Permit Receipt
RECEIPT NUMBER 00040598
Name: Miller Fine Homes LLC Date:6/24/2016
Project Address: 43399 HWY 82
Type: check # 1184
Permit Number Fee Description Amount
0053.2016.PLAN PP- Flat Fee 975.00
Total: 975.00
VICINITY MAP:
DOWNTOWN
ASPEN
ASPEN
MOUNTAIN
SITE
OWNER(S) WARNING & WAIVER DISCLAIMER:
APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN
COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT
MIGHT AFFECT THE PROPERTY, ANY IMPROVEENTS, AND THE USE AND
OCCUPANCY THEREOF, THE PROVISIONS OF TESE REGULATIONS DO NOT
IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF THE DESIGNATED
HAZARDA S WILL BE FREE FROM HAZARDS,, OR THAT APPROVED
T N ASU ES WILL GU ANTEE THEjSAFETY OF ANY PROPERTY.
MITIGA
SUSAN MIL
JEFFREY MILLER'
PITKIN COUNTY COMMUNITY DEVE
DATE
PMENT DIRECTOR:
THIS ACTIVITY ENVELOPE AND SITE PLAN HAVE BEEN REVIEWED AND
APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN
COUNTY, THIS (0 DAY OF J�A� , 2017,1
G
CINDYIHOUBEN
PITKIN
CLERK & RECORDER ACCEPTANCE:
DEVELOPMENT DIRECTORS
yl$ 13
THIS ACTIVITY ENVELOPE AND SITE PLAN HAVE BEEN ACCEPTED FOR
FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY,
COLORADO, ON THIS � DAY OF J LA l 2017, IN PLAT BOOK AT
PAGE 15AS RECEPTION NO.
CLERK & RECORDER PEA4- DATE
LEGAL DESCRIPTION:
PURPOSE: THE PURPOSE OF THIS FIRST AMENDED JEFFREY AND SUSAN
MILLER ACTIVITY ENVELOPE & SITE PLAN IS TO REMOVE THE BARN AND
RECONFIGURE THE FOOTPRINT OF THE HOUSE.
A TRACT OF LAND BEING PART OF GOVERNMENT LOT 1, SITUATED IN THE
NW4, NE -1 4 OF SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84WEST OF HE SIXTH
PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO, MORE PARTICULARLY
DESCRIBE AS FOLLOWS:
BEGINNING AT THE POINT WHENCE THE NORTH QUARTER CORNER OF
SECTION 20 MONUMENTED WITH A 1978 BLM BRASS CAP BEARS S 89
36'49"W A DISTANCE OF 298.99 FEET; THENCE N 8936'50" E A DUSTANCE OF
1020.07 FEET; THENCE S 05 07'38" W A DUSTANCE OF 1325.41 FEET; THENCE
S 89 36'26" W A DISTANCE OF 660.07 FEET TO THE EASTERLY RIGHT OF WAY
STATE HIGHWAY NO. 82; THENCE THE FOLLOWING COURSES AND
DISTANCES ALONG SAID RIGHT OF WAY LINE:;THENCE 172.84 FEET ALONG
THE ARC OF A NON TANGENT CURVE TO THE ,RIGHT HAVING A RADIUS OF
246.50 FEET, AN INCLUDED ANGLE OF 40 102"1 ND THE CHORD BEARS N 28
31'51" W A DISTANCE OF 169.31 FEET; THENC� N 08 26'40" W A DISTANCE OF
501.40 FEET; THENCE 253.52 FEET ALONG TH I ARC OF A TANGENT CURVE
TO THE LFT HAVING A RADIUS OF 326.50 FEET, AN INCLUDED ANGLE OF 44
29'20", AND THE CHORD BEARS N 30 41'20" W A DISTANCE OF 247.20 FEET;
THENCE N 52 55'40" W A DISTANCE OF 78.48 F ET; THENCE N 89 49'22" W A
DISTANCE OF 110.08 FEET TO A POINT ON SAID ASTERLY RIGHT OF WAY
LINE; THENCE N 52 55'40" W A DISTANCE OF 94.08 FEET ALONG SAID RIGHT
OF WAY LINE; THENCE DEPARTING SAID RIGF T OF WAY LINE N 89 36'50" E A
DSTANCE OF 516.00 FEET; THENCE N 38 04'50'; W A DISTANCE OF 314.00 FEET;
TO THE POINT OF BEGINNING CONTAINING 1,178,541 SQUARE FEET OR 27.05
FIRST AMENDED JEFFREY AND SUSAN MILLER
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RECEPTION#: 640018, R: $23.00, D: $0.00
PLAT BOOK 119 PAGE 086
Pg 1 of 2, 07/19/2017at 01:10:21 PM
Janice K. Vos Caudill, Pitkin County, CO
* SEAL i
ACTIVITY ENVELOPE & SITE PLAN PARCEL ID: 2737-201-00-002
CASE #
A TRACT OF LAND BEING PART OF GOVERNMENT LOT 1, SITUATED IN
THE NW4, NE -1 OF SECTION 20, TOWNSHIP 10 SOUTH, RANGE 84WEST
OF HE SIXTH PRINCIPAL MERIDIAN, PITKIN COUNTY COLORADO
PROPERTY BOUNDARY
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Drawn By: CS Checked By: GT
ISSUE & REVISION DATES
SITE PLAN REVIEW
02/02/17
Plot Date: 02/02/17
Project #:247
L1.0