HomeMy WebLinkAboutpitkin.eh.264514200012 (1995-1999)_MEMOVIAW `Wo
ASPEN/PITKIN
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5090 FAX (970) 920-5439
MEMORANDUM
TO: County Attorney - Marcella Larsen
County Zoning
County Engineer
Env. Health
CO State Forest Service
CO Division of Wildlife
County Wildlife Biologist
Shield -O Mesa HOA
FROM: Tamara Pregl, Community Development Department
RE: Spencer 1041 Hazard Review & General Submission
Parcel #2645-142-00-012
Case #P136-98
DATE: December 24, 1998
Attached for your review and comments is an application submitted by Bob Spencer. The Pitkin
County Hearing Officer will review this application on February 16, 1999.
Please return your comments to me no later than January 21, 1999,
Thank you.
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To: Pitkin County Planning Department October 13, 1998
Project:Spencer 1041 Hazard Hearing Officer Review & General Submission
Location: Shield -O -Mesa; pert of the SW 1/4 NW 1/4 of Section 14, TS 9S,
R86 West of the 6th P.M.
Owner: Bob Spencer
Phone: (719) 539-2092
Dear Sirs:
On January 12, 1995, I was granted a 1041 Minor Hazard Review Approval on my
Shield -O -Mesa property. Three years have since passed and I now wish to update
this approval. I have conversed several times with Gabe Preston and he has sent
me a pre -application conference summary. This narrative is intended to address
the pertinent land use code sections brought forth in this summary.
Section 3-80.50, Geologic Hazard Areas: My property contains slopes in excess
of 15%. However, my building envelope and access are flat and no slope on
the property exceeds 30%.
Section 3-80.70, Wildfire Areas: Lots in this subdivision have been rated low
to medium by the Colorado State Forest Service. Included is my 1041
Wildfire Hazard Review dated April 27, 1993.
Section 3-80.80, Wildlife Habitat Areas: Both in 1995 and more recently with
Gabe Preston, mapped overlays show my property outside critical wildlife
areas.
Section 3-110: I intend to drill a well and construct an approved septic
system. My access is on an existing road which touches my property
on its southern border.
Thank you for your attention to this matter. Please contact me if necessary.
Robert L. Spencer, Jr.
`+U 4
April 26, 1993
Mary Lackner
Aspen/Pitkin Planning Office
130 S. Galena Street
Aspen Colorado 81611
C40=
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone (303) 248-7325
Re: Pitkin County Land Use Referral - Spencer 1041 Wildfire Hazard
Review
Dear Mary,
I have reviewed the site pian for the Spencer property in the Shieid-
O-Mesa subdivision, submitted by Robert and Liz Spencer, and visited
the site or April 16th. I have the following comments with regard to
wildfire hazards.
The lot is rated as low to medium hazard. Vegetation on the site
consists of clumps of mature gambel oak and serviceberry, interspersed
with sagebrush and low grass. The proposed building site is on a
ridgetop with a nearly level slope, though the lot drops off at about
a 25% slope to the north. There are extensive areas of bare soil along
the ridgetop that would act as an effective fuelbreak in the event of
a wildfire. In addition, there is a stockpond located adjacent to the
lot, with irrigated meadows nearby. The brushy slope immediately to
the northwest of the proposed structure poses the worst threat from
wildfire. Recommended mitigation measures on this site should include:
-Removal of all vegetation within 10 feet of the structure.
This area should be maintained in the future as low groundcover
such as mowed grass.
-Vegetation thinning and landscaping to a minimum of 30 feet
around the structure with a minimum of 10 feet crown separation
between clumps of oak/serviceberry. Remaining clumps should not
have a crown diameter in excess of 10 feet. Dead limbs and ladder
fuels that would carry fire into the crowns of brush should be
reduced or eliminated. Slash should be properly disposed of by
chipping, hauling away, or piling and burning during a safe time
period.
-Vegetation density should be reduced by thinning out to a
distance of at least 100 feet below the proposed structure. This
thinning should be designed to break up continuous patches of
brush.
-Maintenance of this "defensible space" as specified should be
emphasized in order to retain its value as wildfire hazard
mitigation.
-It is. recommended that a water source be developed for
firefighting use, either by improving the stockpond adjacent to
the lot or by installing a cistern with at least 1,000 gallon
capacity. Any water source should have ready access by fire
department vehicles.
-Roof coverings should be of non-combustible materials. Shake -
shingle roofs are a documented source of ignition in wildland
fire situations, and should be avoided.
As I have mentioned in previous referrals, access along the Shield -0 -
Mesa road is marginal, due to the steep grade (15%) on the hillside
above Snowmass Creek. This road could be difficult to access by
emergency vehicles enroute to a fire. Furthermore, the area does not
have dual public ingress/egress as recommended by the CSFS.
These and other guidelines for home fire protection are contained in
the CSFS publication "Home Fire Protection in the Wiidiand Urban
Interface", which was given to the applicant at the time of the site
inspection.
Thanks for the opportunity to review this proposal. Please contact me
if you have questions about these comments.
Sincerely,
Kelly Rogers
Asst. District Forester
cc: Robert and Liz Spencer
Steve Crockett, Pitkin Co. Sheriff's Office
Basalt --Rural FPD
VL
PITKIN COUNTY
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Gabe Preston DATE: 8/12/98
PROJECT: Spencer 1041 Hazard Hearing Officer Review and General Submission
LOCATION: Shield -O -Mesa; pert of the SW 1/4 NW1/4 of Section 14, TS 9S, R 86 West of the 6th P.M
Phone: 719 539-2092
OWNER: Bob Spencer
Type of Application: 1041 Hazard Hearing Officer Review and General Submission
Description of Project/Development: Applicant requests 1041 Hazard Review for the construction of a
single family home and accessory buildings.
Land Use Code Sections to address in a narrative requesting this development:
• Section 3-80.10, Hearing Officer Review (Note: Upon studying this site, if the hazards so dictate,
this could become a 2 -step review).
• Section 3-80.50, Geologic Hazard Areas: Property contains slopes in excess of 15%.
• Section 3-80.70, Wildfire Areas: Lots in this subdivision have been rated low and medium by the
Colorado State Forest Service.
• Section 3-80.80, Wildlife Habitat Areas: The D.O.W. visited the property in `95 and noted its
proximity to Elk and Deer Critical Winter Range Habitats and Migration Corridors.
0 Section 3-110: Provision of water, sewage disposal, utilities & access.
• Section 4-50, One -Step Review Procedures
• Section 5-70.20, Minimum Submission Requirements
• Section 5-70.40, Site Plan
Staff will refer to: Attorney, Engineer, Environmental Health, Zoning, CO State Forest Service, CO
Division of Wildlife, County Wildlife Biologist, Shield -O -Mesa Homeowners Assn..
Review by: Hearing Officer
Public Hearing? YES, Before the Hearing Officer. A public notice sign shall be posted on the
property at least 15 days prior to the hearing.
Fees:
Planning Deposit:
$460
Engineer:
$160
Environmental Health
$160
Clerk
$110
TOTAL DEPOSIT:
$890 (additional planning hours are billed at a rate of $185/hour)
IR
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To apply, submit 12 copies (unless otherwise specified) of the following information (one of each in
12 packets):
1. Narrative of request addressing Code Sections listed above;
2. 24" x 36" Site Plan which includes topographic information at 2' contour intervals within the proposed
building envelope and along the proposed access, location and dimensions of building envelope
setbacks from property lines, existing structures, vicinity map;
3. Prior approval and Site Plan.
4. Consent from owner(s) to process application and authorizing the representative (if applicable).
5. Parcel description, including legal description and vicinity map
6. Copy of this pre -app form;
7. Application fee;
8. Proof of ownership;
9. Documentation of how and when the parcel was created (2 copies);
10. Documentation of adequate legal access to the parcel (2 copies);
11. Agreement for Payment form (2 copies).
12. List of all adjacent property owners, and an addressed envelope for each owner, with the return address
of the Community Development Department.
This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information may be required upon complete
review of the application.
I
EXHIBIT "A"
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A part of the SW1/4NW1/4 of Section 14, Township 9 South, Range 86
West of the 6th P.M. described as;
Beginning at a point from which the Southwest corner of Section 15
in said Township and Range bears South 62 degrees 27'33" West,
6442.72 feet;
thence South 88 degrees 26'20" West, 208.1 feet;
thence North 14 degrees 44' West, 215 feet;
thence North 88 degrees 26'20" East, 208.1 feet;
thence South 14 degrees 44' East 215 feet to the point of
beginning.
Together with any and all riqhts to share in water from common well
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APPROX. LOCATION OF
EXISTING ROAO
57037'45"
R-- 98.61'
L= 99.18'
CH=5.37'31'28"W. 95.05'
& UTIL. ESM,
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MEMORANDUM
TO: Tim Malloy, Pitkin County Hearing Officer
FROM: Suzanne Wolff, Planning Office
RE: Spencer 1041 Hazard Review
DATE: January 12, 1995
APPLICANTS: Robert & Liz Spencer
LOCATION: Shield -O -Mesa; part of the SW, NW -1, of Section 14,
Township 9 South, Range 86 West of the 6th P.M.
ZONING/LOT SIZE: RS -30; approximately 44,720 square feet
ACCESS: The property is accessed off of Snowmass Creek Road via
Shield -O -Mesa Road, a private road. As required for all lots in
Shield -O -Mesa, the applicants notified all property owners whose
land is traversed by the subdivision road of the intent to use the
road. Wade and Sandra Jenkins, owners of the adjacent lot,
provided the only response, but did not object to the proposed
access (letter attached). Their representative, Doug Jenkins,
asserts that a road passes through the proposed building envelope
on the Spencer property and that access should be maintained on
that road. The road in question appears to staff to pass to the
south of both of the properties. If necessary, Jenkins and Spencer
will need to resolve this issue as a civil dispute.
Shield -O -Mesa Road does not currently comply with the County road
standards. The recent approval for the adjacent Wachtel property
required that the applicant pay a pro -rata share of the cost of
making drainage, sub -base and surfacing improvements to the Shield -
O -Mesa Road, as deemed necessary by the County Engineer to bring
the road up to the minimum County standards. The applicant was
also required to join a road improvement district if one is formed.
These requirements have been added to the conditions of approval
for this review.
WATER AND SEWER: The applicants propose to install an on-site well
and an on-site individual sewage disposal system.
REQUEST: The applicants request administrative 1041 Hazard Review
approval for a building envelope for construction of a single
family residence. The site is encumbered by low and medium
wildfire hazard areas and slopes of greater than 150, and is also
adjacent to migration corridors and critical winter ranges for deer
and elk.
01_
�..� 1..%
STAFF COMMENTS
1041 REVIEW
Wildfire
The property is mapped in a low to medium wildfire hazard area.
Vegetation on the site consists of clumps of mature gambel oak and
serviceberry, interspersed with sagebrush and low grass. The
proposed building site is on a nearly level ridgetop, but the lot
drops off steeply to the north. Kelly Rogers of the Colorado State
Forest Service recommends mitigation measures that are incorporated
in the conditions of approval. Steve Howard of the Basalt & Rural
Fire Protection District agrees with Rogers' recommendations,
though he would like to increase the size of the fire protection
water tank to 2,500 gallons. Also, due to the limited access to
the area and the lack of a suitable water supply in the area,
Howard requests that a residential sprinkler system be required.
Both Rogers and Howard stressed that access to the Shield -O -Mesa
lots is inadequate, and an alternate access is not available in
case of emergency.
Wildlife
Randy Cote has reviewed the application and states that the
Division of Wildlife does not have a significant concern with this
proposal as all of Shield -0 -Mesa lies close to migration corridors
and critical winter ranges for deer and elk. Cote recommends that
dogs be kenneled or leashed and that the applicants be required to
adhere to the typical DOW fence standards.
Geologic
The property is encumbered by slopes of up to 25%. Staff would
point out that the applicant has not established a building
envelope on the site plan. As a result, staff has recommended a
building envelope as shown on the site plan. The envelope
boundaries were established by the setback requirements and by
establishing the point where the slopes exceed 15%. The building
envelope is situated in an area with slopes of approximately 5%.
The driveway depicted on the site plan crosses slopes in excess of
15%, which is prohibited. The driveway should enter the property
from the access road on the south side of the lot to avoid slopes
in excess of 15%.
FINDINGS:
1. The wildfire and wildlife hazards can be mitigated.
2. The geologic hazard is mitigated through avoidance.
3. The property is accessed off of Shield -O -Mesa Road, a private
subdivision road. The applicants have complied with the
procedure established by the County Attorney's office for
demonstrating the right to cross the intervening properties
to Snowmass Creek Road, the nearest public roadway.
4. It has been represented that an easement for the benefit of
adjacent property owners exists across the designated building
envelope on the subject property. This approval does not and
is not intended in any way to affect such easement rights in
the event that they do indeed exist. The applicants
acknowledge that development actions pursuant to this approval
are taken at their own risk with respect to the purported
easement.
RECOMMENDATION:
Pursuant to Section 3-801(B)(2) of the Land Use Code, the Hearing
Officer is authorized to approve a site plan and application for
a Minor 1041 Hazard Review. Based on the findings referenced
above, Staff recommends approval of the Spencer Minor 1041 Hazard
Review. Said approval is subject to the conditions of approval
listed below. This memo will serve as a reference document
authorizing approval of said application. The Hearing Officer's
sign -off on a 1041 Hazard Review Site Plan is also necessary for
completion of the review process. The Site Plan shall be recorded
in the Clerk & Recorder's office, and a copy shall be placed in the
file.
CONDITIONS OF APPROVAL:
1. The applicants shall record a 1041 Site Plan, prior to
submission of any building permit applications. All
conditions of approval shall be noted on the site plan. The
plan shall be modified in the following manner:
a. The 1041 waiver shall state, "Applicant acknowledges that
he/she has been informed by Pitkin County of the
existence of 1041 environmental hazard areas that might
affect the property, any improvements, and the use and
occupancy thereof."
b. The driveway shall enter the property from the south side
of the lot and shall avoid slopes in excess of 15%.
c. The building envelope as established by staff shall be
depicted on the site plan.
3. Prior to issuance of a septic permit, the applicants shall
provide documentation to the Environmental Health Department
3
CONDITIONS OF APPRD (l/f SAF /t e A2-1
1. The applicants shall record
a 1041 Si0 te Plan, prior to
submission of any building permit applications. All
conditions of approval shall be noted on the site plan. The
plat shall be modified in the following manner:
a. The 1041 waiver shall state, "Applicant acknowledges that
he/she has been informed by Pitkin County of the
existence of 1041 environmental hazard areas that might
affect the property,'any improvements, and the use and
occupancy thereof."
b. The driveway shall enter the property from the south side
of the lot and shall avoid slopes in excess of 15%.
C. The building envelope as established by staff shall be
depicted on the site plan.
3. Prior to issuance of a septic permit, the applicants shall
provide documentation to the Environmental Health Department
3
I L V I A DAVIS', r"".:ITI .Ci`,I COUNI-Y C:LE: RVII& RCCORIM-.K,
_
as to the location of the well and the quantity/quality of the
water once the well is drilled.
4. A septic permit shall be obtained from the Environmental
Health Department, prior to issuance of a building permit.
5. Low water xeriscaping shall be used.
6. A fireplace/woodstove permit shall be approved by the
Environmental Health Department prior to issuance of a
building permit.
7. The applicants shall install a 2,500 gallon fire protection
water tank and a residential sprinkler system.
8. Roof construction shall be Class A, non-combustible material
with no flat roofs.
9. Vents shall be screened with corrosive resistant wire mesh
with mesh ; inch maximun.
10. The applicants 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 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.
d. All branches from trees and brush within the 30 foot
perimeter shall be pruned to a height of 10 feet above
the ground and ladder fuels from around trees and brush
shall be removed.
e. Tree crown separation within the 30 foot perimeters shall
have a minimum of 10 feet between the edges of the
crowns.
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 fuels within a 100 foot perimeter of the
structure shall be reduced, particularly on the steep
slope below the proposed structure.
h. All deadfall within the 100 foot perimeter shall be
removed.
i. The applicant shall be responsible for the continued
maintenance of the defensible space vegetation
4
requirements.
11. Dogs shall be kenneled or leashed. Fencing is discouraged on
the site, but in the event that fencing is installed, it shall
be four strand or less, wire fencing with a maximum height of
42 inches. Variations to this standard shall be allowed
pursuant to approval by the Division of Wildlife. Fencing
shall only be allowed within the building envelope.
12. At building permit application, the applicants shall be
required to pay a pro -rata share of the cost of making
drainage, sub -base and surfacing improvements to the Shield -
O -Mesa Road, as deemed necessary by the County Engineer to
bring the road up to minimum County Driveway or County Access
standards. The applicants shall join a road improvement
district in the event that one is formed. If a road
improvement district is established prior to building permit
application, then payment of the pro -rata share of road
improvements shall not be required.
13. No development, including grading and landscaping, shall occur
outside of the approved building envelope, except for utility
and driveway extension and maintenance, and as may be
necessary to implement the wildfire mitigation measures.
14. An access permit shall be obtained from the County Engineer
prior to building permit submittal.
15. All material representations made by the applicants in the
a plication shall be adhered to and considered conditions of
a,proval, unless amended by other conditions.
Tim Mall`6y-,.
Hearing officer
112MM14
Date
0 F 4
5
e
Applicant or Representativ
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Dat
6TH Y.M.
PROPERTY DESCRIPTION
A PART OF THE SW1/4NW1/4 OF SECTION 14, TOWNSHIP 9 SOUTH, RANGE 86
WEST OF THE SIXTH P.M. DESCRIBED AS:
BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF SECTION 15
IN SAID TOWNSHIP AND RANGE BEARS S 62'27'33" W, 6442.72 FEET;
THENCE S 88'26 20' W 208.10 FEET; THENCE N 14'44'00" W 215.00
FEET; THENCE N 88'26'20" E 208.10 FEET; THENCE S 14'44'00" E
21`5.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN
STATE OF COLORADO
1041 WARNING AND DISCLAIMER
THE PROVISIONS OF�UTH SE REGULATIONS D� T IN ANY WAY ASSURE OR
' IMPLY THAT AREAS OUTS. E OF DESIGNq�ED HAZARD AREAS WILL BE FREE
I FROM HAZARDS, OR THAT A OVED MITIGATION MEASURES WILL GUARANTEE
THE SAFETY OF ANY PROPERTY.
APPLICANT'S SlONATURE
APPROVED:
SUZANNE KONCHAN
MEMORANDUM
To: Suzanne Wolff, Planning Office
From: Nancy MacKenzie, Environmental Health Department
Through: Lee Cassin, Senior Environmental Health Officer
Date: January 6, 1995
Re: Spencer 1041 hazard Review
Parcel ID # 2645-142-00-012
The Aspen/Pitkin Environmental Health Department has conducted a
site inspection on December 30, 1994 and reviewed the details of
the Spencer application under the authority of the Pitkin County
Code, Title II, and has the following comments.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-6 and 5-205:
"It is the policy of the County to ensure that land is not committed to any use and that no use is initiated
without adequate evidence that a water supply of adequate quality, quantity, pressure and dependability is
available to support the use intended."
This Department needs adequate information on the quantity and
quality of water available. This can be done from tests of wells
present on-site by a water engineer's or well driller's report.
The applicant must ensure that the water quality is acceptable by
having it tested by a lab such as Snow -mass Water and Sanitation.
Water of acceptable quality and quantity has been obtained in
other lots in this area, but sometimes it has been necessary to
drill in different locations before obtaining adequate water
quantity. I:t might be a problem to find suitable well locations
on this small lot.
Before a septic permit can be issued the location of the well
must be indicated to assure that setback requirements from the
well to the septic system can be complied with.
It is recommended that low water landscaping (xeriscaping) be
used and that the timing of any sprinkler systems be decreased
for low water plants. The Colorado State University Cooperative
Extension office can be contacted for more information on
xeriscaping.
A condition of approval for this application is receipt of
information documenting the location of the well and
quantity/quality of the well. The well must be located and
drilled first to insure there is adequate quantity and
quality of water and to insure that horizontal setbacks from
the well to the septic area can be maintained.
SEWAGE TREATMENT AND COLLECTION: Sections 2-7 and 5-200: "tt is the
policy of the County to ensure that land is not committed to any use and that no use is initiated without
adequate evidence that facilities to collect, treat and dispose of anticipated types and quantities of waste
water are available or can and will be provided with suitable capacity, quality of discharge, suitable point
of discharge and dependability".
Lots in the Shield -O -Mesa area are served by individual septic
systems. All such systems installed within Pitkin County require
septic permits issued by the Environmental Health Department, and
must comply with the County septic regulations. To receive a
Septic Permit, the applicant will need to submit a Septic Permit
Application and appropriate fee with a completed Soil Data Form
including perc test results and profile hole information. It
must be possible to design an adequate septic system before a
building permit can be issued.
The Aspen/Pitkin Environmental Health Department will design the
system for -the applicant as part of the permit fee, unless an
engineered system is needed, which we determine based on soil
test results. This lot is located in an area of decomposed shale
and may require an engineered system. An engineered system is
required if any one of the following conditions occurs: a
percolation rate faster than 5 mpi or slower than 60 mpi; maximum
seasonal level of the groundwater table or bedrock less than four
feet below the bottom of the proposed absorption system; or a
slope in excess of 30%.
The applicant will need to adhere to minimum horizontal setback
requirements for placement of septic system components which
could be a problem on this small lot. The leach field will need
to be located a minimum of 100 feet from their well and from any
neighboring wells.
The area for the leach field should be located in an area of no
traffic, planted with dry land grass, and should not be watered.
It is desireable to locate the system below the house so that the
system can operate by gravity. The applicant should refer to the
Pitkin County Sewage Regulations for detailed information, or
call our office to discuss this site.
A condition of approval for this application is the receipt
and approval of the septic permit by the Environmental
Health Department before a building permit can be issued.
WATER QUALITY IMPACTS: Sections 2-22 and 5-107.2:
"it is the policy of the County to preserve and protect its present water resources. To this end it is the
policy of the County that no land use be initiated which would adversely affect the quantity, quality, or
accessibility of the County's water resources; or which would occur at the expense of established water -
dependent agricultural activities; or which would result in increased salinization of water resources, loss
of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or
2
redistribute major water resources. it is also the policy of the County to maintain a natural vegetative
buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon
by land uses or other human activities which could cause deterioration of water quality or impair the
natural treatment processes provided by meadows and wetlands."
The Environmental Health Department will be addressing water
quality impacts only on down stream water quality. This
application is not expected to impact down stream water quality
if the minimum horizontal distances between components of the
system and physical features are in accordance with Section 4-4
of the Pitkin County Sewage Regulations.
A condition of approval for this application is: None
AIR OUALITY: Sections 2-17 and 5-106:
Only that development is permitted which will not contribute significantly to degradation of air quality in
Pitkin County. Developments may not constitute an indirect or direct air pollution source.
This project is not expected to contribute significantly to
degradation of air quality in Pitkin County.
Activities such as road building and landscaping may require a
Fugitive Dust Plan. This plan would need to include, but is not
limited to, fencing, watering of haul roads and disturbed areas,
daily cleaning of adjacent paved roads to remove mud that has
been carried out, speed limits, or other measures necessary to
prevent windblown dust from crossing the property line or causing
a nuisance.
The applicant must file a fireplace/woodstove permit with the
Environmental Health Department before the building permit will
be issued. 'rhe less densely populated parts of the county like
Shield -O -Mesa may have one wood burning fireplace and one
department certified device or two department certified devices
per building. In addition, unlimited numbers of decorative gas
appliances are allowed. Coal may not be burned in any device. No
wood burning device may be installed in barns or agricultural
buildings.
A condition of approval for this application is the receipt
and approval of the fireplace/woodstove permit by the
Environmental Health Department before the building permit
can be issued.
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2-2"tt
is the policy of the County to ensure that no use or development of land is permitted which is in violation
of the laws of the County, the State of Colorado, or the United States of America."
This Department is not aware of any issues of concern regarding
other environmental health laws.
..._ENV:WP:LAND USE:spencer.264514200012
3
380311 B-777 P-877 04/05195 03:11P Pr, 1 OF 7 REC
SILVIA DAVIS F'ITKIIV COUNTY CLERK & RECORDER
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITRIN
COUNTY, COLORADO, GRANTING 1041 ENVIRONMENTAL HAZARD REVIEW
AND GENERAL SUBMISSION APPROVAL FOR THE WACHTEL PROPERTY
LOCATED IN THE SHIELD -O -MESA SUBDIVISION
Resolution No. 94437
RECITALS
K06
1. Ann, Adam, and Luke Wachtel (hereafter "Applicants") have
requested that the Board of County Commissioners of Pitkin County
(hereafter "Commission") grant approval for 1041 Environmental
Hazard Review and General Submission to allow the construction of
a single-family residence on the Wachtel property located in the
Shield -0 -Mesa subdivision and described in the attached "Exhibit
All.
2. The subject property is accessed off of Shield -O -Mesa Road, a
private subdivision road. The Applicant has provided information
which demonstrates access to the property over the intervening
properties to Snowmass Creek Road, the nearest public roadway.
3. It has been represented to the Commission that a private
driveway easement for the benefit of other adjacent property owners
exists accross the designated building envelope on the subject
property. This approval does not and is not intended in any way to
affect such easement rights in the event that they do indeed exist.
The Applicants acknowledge that their development actions pursuant
to this approval are taken at their own risk with respect to the
purported easement.
4. The Planning and Zoning Commission reviewed the applicant's
request at a regularly scheduled public meeting on September 27,
,.. ,tea - _... r +:.< •.i"
3803,1 1 8-777 P—,— r 8 04/05/95 03:11P PG 2 OF 7
Resolution No. 94--.1W
Page 2
1994 and found the proposal to comply with the applicable sections
of the Pitkin County Land Use Code. The Planning and Zoning
Commission recommends approval of the requested 1041 Environmental
Hazard Review and General Submission with conditions.
5. The Board of County Commissioners considered the Applicant's
request for 1041 Environmental Hazard Review and General Submission
at a public hearing on December 6, 1994, at which time evidence
and testimony was heard from the Applicant and the public. The
Board found the Applicant's request to be consistent with the
applicable sections of the Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does
hereby approve the requested 1041 Environmental Hazard Review and
General Submission subject to the following conditions:
1. The Applicant shall adhere to all material representations
made in the application and in public meetings.
2. Prior to building Permit application, the Applicant shall
record a 24" by 36" mylar 1041 Environmental Hazard Review
Site Plan with the County Clerk and Recorders Office. All
conditions of approval shall be noted on the plan. The site
plan shall meet the approval of the Planning Office and the
County Attorney and shall include the following hazard warning
and disclaimer:
"The Applicant acknowledges that he/she has been informed
by Pitkin County of the existence of 111041 Hazard Areas"
that might effect the property and any improvements, and
the use and occupancy thereof. The provisions of these
regulations do not in any way assure or imply that the
areas outside of the designated hazard areas will be free
from hazards, or that approved mitigation measures will
guarantee the safety of any property."
3. The building envelope shall be modified to maintain the
required rear yard setback, or the Applicant shall obtain a
setback variance from the Board of Adjustment, prior to
issuance of a building permit
A1Mi __..d1111i1_- Mir
380311 B-777 P -8A 04/05/95 03:11P, FSG ` 01 7
Resolution No. 94-231
Page 3
4. Prior to building permit application, the Applicant shall
demonstrate an adequate supply of domestic water to the
satisfaction of the Environmental Health Department. The
Applicant shall provide documentation of an approved well
permit prior to building permit application.
5. Prior to building permit issuance, the Applicant shall obtain
a septic permit from the Environmental Health Department. To
apply, the Applicant must submit a soil data form including
percolation test results and profile hole information. If an
engineered system is necessary, it shall be approved by the
Environmental Health Department.
6. Low water (xeriscaping) concepts and plant materials shall be
used in landscaping the property.
7. At building permit application, the Applicant shall provide
a drainage and erosion control plan to be implemented during
construction. This plan shall require review and approval by
the County Engineer.
8. All utilities shall be extended underground within the
alignment of the existing access drive.
9. No development, including grading and landscaping, shall occur
outside of the approved building envelope, except for utility
and driveway extension and maintenance, and as may be
necessary to implement the wildfire mitigation measures
identified elsewhere in this document. In no case shall an
area of slopes greater than 30 percent be disturbed.
10. The Applicant shall adhere to the following wildfire
mitigation measures:
a) A 10 foot perimeter around all legal structures shall be
clear of tall grass and brush. The grass in this perimeter
shall be kept mowed and only small plants or shrubs shall be
used for landscaping.
b) Vegetation shall be reduced to break up the vertical and
horizontal continuity of fuels a minimum of 30 feet perimeter
around the structure. Within the 30 foot perimeter, spacing
of clumps shall be a minimum of two times the height of the
fuel. All measurements should be from the edges of the crowns
of the fuel.
c) Spacing between the clumps of brush within the 30 foot
perimeter shall be a minimum of two times the height of the
fuel. All measurements shall be from the edges of the crowns
of the fuel.
380311 P-777 F'-GQO 04/05/95 03:11P PG 4 jF 7
Resolution No. 94-O'l
Of—
Page 4
d) All branches shall be pruned from trees and brush within
the 30 foot perimeter to a height of 10 feet above the ground
and ladder fuels shall be removed around trees and brush.
e) All branches that extend over the roof eves or are within
15 feet of the chimney shall be trimmed.
f) The access drive shall meet minimum County driveway
standards.
g) The owner of the property shall be responsible for the
continued maintenance of the defensible space vegetation
requirements.
h) The address shall be clearly marked and visible from the
roadway with a minimum 2" letters.
i) There shall be an on-site water storage tank of not less
than 5,000 gallons or the structure shall be sprinkled.
j) Roof materials for all structures shall be Class A, non-
combustible (no wood shakes or shingles) material approved by
the Underwriters Laboratory with no flat roofs.
11. Development in areas of slopes in excess of 15 percent shall
be done in accordance with the following standards:
a) Cuts shall not be made into slopes steeper than 15 percent
unless mechanical support is provided.
b) Cuts and fills, and grading and scraping shall be confined
to the minimum area needed for construction.
c) Steepness of cut and fill slopes shall be the maximum which
will ensure stability and still allow revegetation.
d) Development plans shall show reasonable but adequate
erosion control measures. Large tracts should be developed in
small, workable units without leaving large areas exposed for
long periods.
e) Use mulches or other temporary cover on exposed soil areas
and re-establish permanent vegetation and install erosion
control measures as soon as possible.
f) Incorporate natural drainage patterns into the development
plan. Culverts, sediment basins and other engineering measures
should be used where necessary to control erosion.
g) Soil absorption sewage disposal systems should not be
placed on slopes steeper than 15 percent.
380311 B-777 P-881" 04/05/95 O3:11P PG 5 00
Resolution No. 94 -
Page 5
12. The building site shall be designed with positive drainage
away from the structure on all sides.
13. Site specific soils investigations shall be conducted in the
area of the building envelope. the results of this analysis
shall be used, as appropriate, in the design of the building
foundation and other site improvements and shall be submitted
at building permit application. Foundation design shall be
certified by a Colorado registered professional engineer.
14. The proposed house shall be designed to the specifications of
Seismic Zone II and shall also be designed to preclude the
accumulation of radon gas.
15. Prior to building permit application, the Applicant shall
provide proof of the existence of all necessary utility
easements.
16. The Plat shall include a note requiring that the houses be
setback at least 50 feet from the edge of the steep slope as
determined by the Colorado State Forest Service.
17. Dogs shall be kenneled or leashed. Fencing is discouraged on
the site, but in the event that fencing is installed, it shall
be four strand or less, wire fencing with a maximum height of
42 inches. Variations to this standard shall be allowed
pursuant to approval by the Division of Wildlife. Fencing
shall be allowed within the building envelope only.
18. At building permit application, the Applicant shall be
required to pay a pro -rata share of the cost of making
drainage, sub -base and surfacing improvements to the Shield -
O -Mesa Road, as deemed necessary (by the County Engineer) to
bring -the road up to minimum County Driveway or Country Access
standard. The Applicant shall join a road improvement district
in the event that one is formed. If a road improvement
district is established prior to the Applicant applying for
a building permit, then payment of the pro -rata share of road
improvements, as required by the first sentence in this
condition, shall not be required.
APPROVED AND ADOPTED ON THE 6th DAY OF DECEMBER, 1994.
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
BY
JSn�cC
Ordinance No. 941
Page 2
4. The Board considered the application at duly noticed
public hearing held on December 20, 1994 at which time evidence and
testimony were presented with respect to the application; and
5. The Board finds that the request for rezoning from AFR-
2 to Public is consistent with the applicable regulations,
including the Pitkin County Land Use Code and the Aspen Area
General Plan.
NOW, THEREFORE, BE IT ORDAINED by the Board that it hereby
grants rezoning approval to the Applicants and the "water tank"
parcel is rezoned to the Public zone district.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING at the regular
meeting on the 6th day of December, 1994.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 5th
day of November, 1994.
APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING on
the 20th day of December, 1994.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 30th day of
December, 1994.
BOARD OF COUNTY COMMISSIONERS
OF PITRIN COUNTY, COLORADO
By:dr
411
Michael C. Ireland,
Chairman
HAVk ATTEST:
Jeanette Jones/
Deputy County JClerk
380312 B-777 P-885 04/05/95 03:148 PG 2 OF 3
380311 P-777 P-86- 04/05/95 03:11R PG 6 G, 7
Resolution No. 94-231
Page 6
ATTEST:
�/t "Y;
� J
Jeanette Jones,
Deputy Clerk and,Recorder
APPROVED AS TO CONTENT:
hlomt---
Su ne Ro chan,
Co ty Planning Director
resp wechtel shieldo 1041gs
�A (ck A,.gL_ C . l2ELAND) \1 I C C - GLA,
ite
Date
APPROVED AS TO FORM:
Tim Whitsitt
County A ey
LZ
380311 B-777 P-88"3' 04/015/95 0�3,:11F' PIG 7 OF 7
EXHIBIT A
A parcel of situated in the S1/2 SW1/4 NW1/4 of Section 14, Township 9
�. South, Range 86 West of the 6th Principal Meridian, County of Pitkin,
State of Colorado, said parcel is being more particularly described as
follows:
Commencing at the West Quarter Corner of said Section 14, a 1985 BLM
Brass Cap in place, the TRUE POINT OF BEGINNING;
thence N 00'06'00" E along the Westerly line of said Section 14 (basis
of bearing) 374.10 feet; -
thence N 88'53'20" E 162.05 feet to the Southwest corner of an
existing one acre tract, a #5 rebar in place;
thence N 88053'20" E 208.10 feet to the Southeast corner of an
existing one acre tract, a #5 rebar in place;
thence N 14'17'00" W 29.81 feet to the Southwest corner of an existing
one acre tract, a #5 rebar in place;
thence N 59'36'28" E 227.46 feet to the Southeast corner of an
existing one acre tract, a rebar and cap L.S. #19598 in place;
thence N 41'29'27" W 182.01 feet to a point in the Northerly line of
said S1/2 SWI/4 NWI/4;
thence N 89'47'34" E along said Northerly line 875.82 feet to the
Northeast corner of said S1/2 SWI/4 NW1/4, a rebar and cap L.S. #18483
in place;
thence S 00'02'59" W along the Easterly line of said S1/2 SWI/4 NW1/4
665.03 feet to the Southeast corner of said S1/2 SWI/4 NW1/4, a rebar
and cap L.S. #19598 in place;
thence N 89'59'15" W along the Southerly line of said S1/2 SWI/4 NW1/4
1314.23 feet to the TRUE POINT OF BEGINNING.
--' EXCEPTING THEREFROM:
A -parcel of land situated in Section 14, Township 9 South, Range 86
West of the 6th P.M., County of Pitkin, State of Colorado, said
parcel being more particulate-ly described as follows:
Commencing at the West Quarter Corner of said Section 14, a BLM
aluminum cap in place;
thence N 00'06'06" E along the Westerly line of said Section 14 374.10
feet to a rebar and cap in place, L.S. #19598, the TRUE POINT OF
BEGINNING;
thence continuing along said Westerly line N 00'06'00" E 285.90 feet
to the Northwest corner of the S1/2 SWI/4 NW1/4 of said -Section 14 to
a, rebar and cap in place, L.S. #19598; thence along the Northerly
line of said S1/2 SWI/4 NW1/4 N 89'47'35" E-298.35 feet;
thence S 14'17'00" E 73.72 feet to a rebar and cap in place, L.S.
#3317; thence S 88'53'20" W 208.10 feet to a rebar and cap in place,
L.S. #3317;.'thence S 14'17'00" E 215.00 feet to a #5 rebar in place;
thence S 88'53'20" W 162.05 feet to the TRUE POINT OF BEGINNING.
COUN'T'Y OF PITRIN, STATE OF COLORADO.
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CO VA kk�
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NOTIQ. ALCORDYC TO COLORADO UN YOU ULST COMMENCE ANc LEGAL
ACT104 BASED UPOI/ ANY DEFECT w 7WS SURVEY MTKN THREE 'YEARS
AFTER YOU FUM DYSCD.ER SUCH DEFECT W NO EVENT MAY ANY A:UGN
BASED UPON ANY DEFECT w RNS SWAY UE CCIWENCED MORE I. AN TEN
YEARS FROM THE DATE OF CERTSYCATYC« Scow -EREON
3
I
NE '.T UUAk TEk CUjkr+Lf A'. 14
I)85 BLM BRASS CAP FOUND
.-yrs TBM. ASSUMED ELEVAIION 1000.CU
01�U
REBAR &.AP L
RttlAR k CAP L`
#31,17 FOUND �� � � i � � / ,�- N3317 FOU
/ "53201 (DEED N 88'26'20" E / ;,�H10' / �! /
162 05'
N88 /
/
/
�� Ll /
V / /
/
r�
PROPOSED HOUSE
/ 1 A�0It
/
�#5 REBAR /
FOUND
/e1t 1
AR
FOUND /
REBAR CAP L.J. Ir!//��, \ / /
REBAR /
\ \FOFOUNC
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FO
FOON[i
GRAPHIC SCALE
,
( IN FEET )
1 inch - 20 It
NOTE
3_-,I.LS�L �.
TIE TO SOUTHWEST CORNER SEC. 15
S 62"54'33" W 6442.72' —
(DEED = S 62"27'33' W)
I.) BASIS OF BEARING F(,R THIS SURVEY IS A BEARING OF
S 88'53'20" W BETWEEN THE SOUTHEAST CORNER AND THE
`,OUTHWEST CORNER Of 111E SUBJECT PROPERTY, AS SHOWN.
2.) ELEVATIONS AS 51IL)WN ARE BASED ON AN ASSUMED ELEVATION OF
1000.00 AT THE WEST QUARTER CORNER OF SECTION 14, AS
SHOWN.
3.) CONTOUR INTERVAL EUUALS 2 FEET.
4.) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS,
COVENANTS AND EASEMENTS OF RECORD OR IN PLACE.
a!r e
PROPERTY DESCRIPTION
A PART OF THE SW1j4NW1/4 OF SECTION 14, TOWNSHIP 9 SOUTH, RANGE 88
WEST OF THE SIXTH P.M. DESCRIBED AS: r
BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF SECTION Is
IN SAID TOWNSHIP AND RANGE BEARS S (,2'27'33" W. 6442.72 .FEET:
THENCE S 88'26'20" w 208.10 FEET; THENCE N 14'44'00' w 215.00
FEET; THENCE N 88'26'20" E 208.10 FEET; THENCE S 14'44'00" E
215.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN
STATE OF COLORADO n, z k=,
5r`�s
1041 WARNING AND DISCLAIMER
THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANY WAY ASSURE OR,-
IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE
FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTE
THE SAFETY OF ANY PROPERTY.
APPLICANT'S SIGNATURE
APPROVED:
t
SUZANNE KONCHAN
COUNTY PLANNING DIRECTOR
F
3 k%
SURVEYOR'S STATEMENT
I, FRANK W. HARRINGTON. REGISTERED LAND SURVEYOR, DO HEREBY STATE
THAT I HAVE PREPARED THIS PLAT OF SPENCER MINOR 1041 HAZARD REVIEW,
THAT THF LOCATION OF THE OUTSIDE BOUNDARY, ROADS, TOPOGRAPHY AND
OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON.
IN WITNESS THEREOF. I HAVE SET MY HAND AND SEAL THIS DAY
OF 19
FRANK W. HARRINGTON, L.S. 19598
ACCEPTANCE FOR RECORDING
THIS 1041 HAZARD REVIEW MAP HAS BEEN ACCEPTED FOR FILING IN THE
OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, THIS
DAY OF , 19 , IN PLAT BOOK
AT PAGE
CLERK AND RECORDER
NO. DATE REVISION BY
PREPARED FOR:
- ROBERT SPENCER
-`? P.O. BOX 9139
ASPEN, CO 81612
HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVENUE FILE NO.
GLENWOOD SPRINGS. CO 81801 DES. CK.� 1 ""
(303) 945-8676
DR, FWH OATEIOM/92 . 92102.01
z •" r
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i
A3f y.i ip+'I i J
A
SPENCER
MINOR 1041
IIA1 ARD REVIEW MAP
'
A PARCEL OF LAND SITUA'T'ED IN THE
SW 1 /4NW 1 /4
OF SECTION 14, 1'.0 S-1 R.86 W. OF THE 0TH P.M.
�p
E
COUNTY
OF PITKIN
STATI'OF COLORADO
- *y
VICINITY MAP
SCALE: 1" - 2000'
CO VA kk�
(�C-br 09�S `'1i ICa
mv. 3g1 273
NOTIQ. ALCORDYC TO COLORADO UN YOU ULST COMMENCE ANc LEGAL
ACT104 BASED UPOI/ ANY DEFECT w 7WS SURVEY MTKN THREE 'YEARS
AFTER YOU FUM DYSCD.ER SUCH DEFECT W NO EVENT MAY ANY A:UGN
BASED UPON ANY DEFECT w RNS SWAY UE CCIWENCED MORE I. AN TEN
YEARS FROM THE DATE OF CERTSYCATYC« Scow -EREON
3
I
NE '.T UUAk TEk CUjkr+Lf A'. 14
I)85 BLM BRASS CAP FOUND
.-yrs TBM. ASSUMED ELEVAIION 1000.CU
01�U
REBAR &.AP L
RttlAR k CAP L`
#31,17 FOUND �� � � i � � / ,�- N3317 FOU
/ "53201 (DEED N 88'26'20" E / ;,�H10' / �! /
162 05'
N88 /
/
/
�� Ll /
V / /
/
r�
PROPOSED HOUSE
/ 1 A�0It
/
�#5 REBAR /
FOUND
/e1t 1
AR
FOUND /
REBAR CAP L.J. Ir!//��, \ / /
REBAR /
\ \FOFOUNC
l ` /
kEBAR
FO
FOON[i
GRAPHIC SCALE
,
( IN FEET )
1 inch - 20 It
NOTE
3_-,I.LS�L �.
TIE TO SOUTHWEST CORNER SEC. 15
S 62"54'33" W 6442.72' —
(DEED = S 62"27'33' W)
I.) BASIS OF BEARING F(,R THIS SURVEY IS A BEARING OF
S 88'53'20" W BETWEEN THE SOUTHEAST CORNER AND THE
`,OUTHWEST CORNER Of 111E SUBJECT PROPERTY, AS SHOWN.
2.) ELEVATIONS AS 51IL)WN ARE BASED ON AN ASSUMED ELEVATION OF
1000.00 AT THE WEST QUARTER CORNER OF SECTION 14, AS
SHOWN.
3.) CONTOUR INTERVAL EUUALS 2 FEET.
4.) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS,
COVENANTS AND EASEMENTS OF RECORD OR IN PLACE.
a!r e
PROPERTY DESCRIPTION
A PART OF THE SW1j4NW1/4 OF SECTION 14, TOWNSHIP 9 SOUTH, RANGE 88
WEST OF THE SIXTH P.M. DESCRIBED AS: r
BEGINNING AT A POINT FROM WHICH THE SOUTHWEST CORNER OF SECTION Is
IN SAID TOWNSHIP AND RANGE BEARS S (,2'27'33" W. 6442.72 .FEET:
THENCE S 88'26'20" w 208.10 FEET; THENCE N 14'44'00' w 215.00
FEET; THENCE N 88'26'20" E 208.10 FEET; THENCE S 14'44'00" E
215.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF PITKIN
STATE OF COLORADO n, z k=,
5r`�s
1041 WARNING AND DISCLAIMER
THE PROVISIONS OF THESE REGULATIONS DO NOT IN ANY WAY ASSURE OR,-
IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE
FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTE
THE SAFETY OF ANY PROPERTY.
APPLICANT'S SIGNATURE
APPROVED:
t
SUZANNE KONCHAN
COUNTY PLANNING DIRECTOR
F
3 k%
SURVEYOR'S STATEMENT
I, FRANK W. HARRINGTON. REGISTERED LAND SURVEYOR, DO HEREBY STATE
THAT I HAVE PREPARED THIS PLAT OF SPENCER MINOR 1041 HAZARD REVIEW,
THAT THF LOCATION OF THE OUTSIDE BOUNDARY, ROADS, TOPOGRAPHY AND
OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON.
IN WITNESS THEREOF. I HAVE SET MY HAND AND SEAL THIS DAY
OF 19
FRANK W. HARRINGTON, L.S. 19598
ACCEPTANCE FOR RECORDING
THIS 1041 HAZARD REVIEW MAP HAS BEEN ACCEPTED FOR FILING IN THE
OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, THIS
DAY OF , 19 , IN PLAT BOOK
AT PAGE
CLERK AND RECORDER
NO. DATE REVISION BY
PREPARED FOR:
- ROBERT SPENCER
-`? P.O. BOX 9139
ASPEN, CO 81612
HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVENUE FILE NO.
GLENWOOD SPRINGS. CO 81801 DES. CK.� 1 ""
(303) 945-8676
DR, FWH OATEIOM/92 . 92102.01
z •" r
' dvt'"