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111111111111 111111111403001 01/1997 12:61P RESOLUTION
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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, GRANTING THE
CASEY EXTENSION OF VESTED REAL PROPERTY RIGHTS
Resolution No. 97 -
RECITALS
1. The Douglas Casey Trust (hereafter "Applicant") has applied to the Pitkin County
Board of County Commissioners (hereafter "Board") for consideration of an extension of
vested real property rights pursuant to Section 4-140-30 of the Land Use Code.
2. An administrative 1041 Review and an Administrative Scenic Overlay Review were
approved by the Planning Director for the Casey property pursuant to memorandums dated
February 2 and February 9, 1993, respectively. The parcel was reviewed for low to medium
wildfire hazard, and mancos shale geologic hazard. The property was also reviewed for
impacts to wildlife, as it is located in the vicinity of a mule deer and elk migration corridor.
A building envelope was approved for one single family residence and a barn. A caretaker
dwelling unit within the barn was approved pursuant to Resolution No. 93-54.
3. The property is located above the Shield O Mesa Tracts,; in Sections 22, 23 and
27 Township 9 South, Range 86 West; more specifically described in Exhibit "A."
4. The site is approximately 35 acres in size and is zoned RS -30.
5. The Board considered the request at its regularly scheduled meeting of January 8,
1997, at which time evidence and testimony were presented with respect to this
application.
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6. The Board determined that the proposed development meets the criteria
established in Section 4-140.30 of the Land Use Code, and, therefore, found the extension
to be appropriate.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of
County Commissioners that it does hereby grant an extension to the vesting period for the
Casey Property until January 8, 2000, subject to compliance with the following
conditions:
1. All conditions of the February 2, 1993 Minor Hazard Review, February 9, 1993
Scenic Overlay Review, and Board of County Commissioners Resolution No. 93-54
(attached as Exhibits "B," "C" and "D," respectively) shall be adhered to by the applicant,
his assigns, or heirs.
2. The following conditions are for the mitigation of potential impacts on nearby wildlife
habitat:
a. All dogs shall be kenneled or leashed.
b. Fences shall be limited to 42" in height or less, and four strand or less.
C. Vegetation shall be maintained outside of the building envelope.
3. The following wildfire mitigation measures shall be adhered to:
a. The access road shall have an all-weather driving surface and shall be 16
feet in width. Two • pull-outs shall be designed along the road to
accommodate emergency vehicular access.
b. The residence shall contain an interior sprinkler system.
C. A 2,000 gallon water cistern with a standing pipe and hose connection shall
be located on-site in close proximity to the residence.
d. The areas around proposed structures should incorporate landscaping with
wildfire defensible space considerations as follows:
1) Removal of all vegetation within 10 feet of structures. This area
shall be maintained in the future as low ground cover such as mowed
grass.
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2) 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, if the actual footprints are in or around
oakbrush. Remaining clumps shall 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 eliminated. Slash shall be
properly disposed of by chipping, hauling away, or piling and
burning during a safe time period.
3) Pruning all branches from trees and brush within the 30' perimeter to
a height of 10' above the ground and removal of ladder fuels from
around trees and brush.
4) Trim all branches which extend over the roof eaves and remove
branches within 15' of the chimney.
5) Reduce the density of fuels within a 100' perimeter of the structure(s)
where natural reduction has not already occurred.
e. Any additional proposed buildings within the building envelopes shall
incorporate wildfire hazard mitigation measures.
f. Roof construction shall be Class A, non-combustible (no wood
shake/shingles) material.
g. Vents shall be screened w/corrosive resistant wire mesh w/mesh 1/4
inch maximum.
h. All utilities shall be buried.
i. Roofs and gutters shall be kept clear of debris.
j. Yards shall be kept clear of all litter, slash, and flammable debris.
k. All flammable materials shall be stored on a contour a minimum of 15' away
from any structure.
1. Weeds and grasses within the 10' perimeter shall be maintained to a height
not more than 6".
M. Firewood/wood piles shall be stacked minimum 15' on a contour away from
the structure.
n. Fences shall be kept clear of brush and debris.
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o. Wood fences shall not connect to the structure.
P. Any outbuildings or additional structures shall adhere to the
same standards as structures.
q. Fuel tanks shall be installed underground with an approved container.
r. Propane tanks shall be installed according to NFPA 48 standards and on a
contour away from the structure w/standard defensible space vegetation
mitigation around any above -ground tank. Any wood enclosure around the
tank shall be constructed with materials approved for 2 hr. fire -resistive
construction on the exterior side of the walls.
S. Each structure shall have a minimum of one 10 lb. ABC fire extinguisher.
t. Address shall be clearly marked and visible according to NFPA 299
standards installed on a non-combustible post and sign.
U. Any fire department recommendation for individual structure water supply
and storage shall be accessible to fire department vehicles from the exterior
of the structure (ie. hydrant).
V. With the exception of utility service extensions, which shall be buried in the
driveway, all development shall occur within the building envelope
designated on the site plan.
W. Residential structures shall have an automatic residential sprinkler system
installed.
4. The applicant shall adhere to the following recommendations of the Schmueser
Gordon Meyer report dated September 29, 1992:
a. A site specific soils engineering study shall be preformed to insure proper
foundation design.
b. Positive drainage shall be designed to insure that water flows away from the
foundation.
C. Minor detention basins shall be incorporated around the buildings as part of
a landscaping plan.
d. A culvert crossing shall be installed where the Lot 2 driveway intersects the
main road.
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e. Areas disturbed by construction shall be revegetated within one growing
season after construction is completed. Temporary measures shall be taken
during construction to prevent on-site ponding.
5. This approval shall be subject to the terms and restrictions of Ordinance # 96-145 as
it may be modified from time to time.
6. All material representations made in the public hearing and in the application shall
be adhered to.
APPROVED AND ADOPTED ON THE 8TH OF JANUARY, 1997.
ecorder
- 5, 6�7
BOARD OF COUNTY COMMISSIONERS,
PITKIN COUNTY, COLORADO
BY �...._�
James R. True, Chairman
ATE / — 43 % �-
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
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APPROVED AS TO CONTENT: . APPROVED AS TO FORM:
Cindy Houben, John Ely, ounty Attorney
Community Development Director
Parcel # 2645-221-00-001
File # P71-95
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i O Bk 709 .?� 697
via lavis, Pi�k:in C�Ly C=erk., Dec
Exhibit lo A"
Casey Gi$QS Exemption
Legal Description:
Lct 2, Douglas 3. Casey shield -O -Meadows Lot Split
As `cued `_`:e _eeords of the Clark a.^.d Recorder Beck , ?age
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DOI 04/01/1997 12:01P RESOLUTION
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MEMORANDUM
Suzanne Konchan, County Planning Director
Ellen Sassano, Planner
Casey Minor 1041 Hazard Review
February 2, 1993
Issue: The applicant, the Douglas Case. Trust, has submitted a
request for a 1041 Minor Hazard review to construct a neva single
I
amily residence, and a caretaker dwelling unit within a barn on
a legally created lot in Shield -O Mesa. The lot is known as Lot
2 of the ;n1 i+-_ It is located within Sections
23 and 27, Township 9 South, Range 86 West of the 6th PM.
Access to the property .� is from the Count; Snowmass Creek Road
across private roads. After reviewing the 1041 Hazard Maps, staff
finds mapped 1041 Hazards as severe wildfire and mangos shale on
the parce l and the proposed development is in the vi cinit'y of a
:rule deer and elk migration corridor.
Division of Wildlife Off icer, Randv Cote reccmmends the fol lowing
mitigation measures to lessen potential impacts to wildlife:
1. Ail dogs shall- be leashed or kenneled.
2. Fences shall be- constructed to allow animal passage.
Fences shall be limited to 42" in height or less, and
four strand or less. _
3. Vegetation shall not be removed outside or the build_ng
envelope, except as necessary for driveway improvement.
In a letter dated December Is, 1992, Fire Chief Ron Thiering of _he
Basalt and Rural Fire Protection District recommended the following
:mitigation measures for these proposed residences:
1. The placement of a water storage tank of net less than
2,000 gallons with a Fire Department connection
accessible by road way and. near the structure to be
occupied.
2. Although not required, it is strorgiv recommended that
an automatic residential sprinkler system be installed
in all residences and when practical, other buildings on
the same property.
In addition, the following measures are reccmmended by Staff, and
the Sheriff's Department:
3. Roof materials of all structures shall be of a nen-
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combustible material approved by the Underwriters
Laboratory.
4. Items of recommendation from the Colorado State Forest
Service shall be followed.
In a letter dated December 4, 1992, Kelly Rogers of the Colorado
State Forest Service recommended that the following mitigation
measures be placed on the parce 1:
1. Removal of all vegetation within 10 Feet of structures.
This areas should be maintained in the future as low
ground cover such as mowed grass.
2. 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/ser-riceberry, if the
actual foetnrints are in or around oakbrush. 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 eliminated. SIas.
should be properly disposed of by chipping, hauling away,
orpiling and burning during a safe time period.
The Sheriff's Office submitted comments in a memo dated December
26, 1992 and has recommended conditions of approval regardinc
wildfire, access and water supply. These recommendations are
consistent with the State Forest Service comments and are included
as conditions of - approval for this review.
The applicant retained a professional engineer to address sites
conditions on the parcel. In Schmueser Gordon ?Hever' s report dated
September 29, 19921 Jay Hammond rakes the following recommendations
for development of the homesites:
1. A site specific .soils engineering study needs to be
preformed to insure proper foundation. design.
2. Design - .S I ve drainace to insure that water flows away_
from the foundation.
3. Incorporate minor detention basins around the buildings
as part of a landscaping plan.
4. Install a culvert crossing where the Lot 2 driveway_
intersects the main road.
S. Areas disturbed by construction s:_a_1 be revegetated
within one growing season after construction is
completed. Temporary measures sha_'_ be taken during
construction to prevent cn-site ponding.
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The County Attorneys Office is satisfied that this is a legally
created lot, no merger has occurred and there is legal access to
the parcel.
The proposed homesite is located outside of known hazard areas.
Findings:
1. The building envelope and driveway access are located in
an area which will not directly effect elk or mule deer
migration. 1� y"1b!!ail0r) •15 "46md 'o
2. The building envelope is located in a wildf ire hazar-;
area. The applicant will need to abide by the Sheriff's
Department, State Forest Service and Basalt and Rural
Fire Protection District recommendations to minimize
impacts of such hazard.
3. The County Attorney is satisfied that the lot is legally
created and has not merged with any adjacent parcels.
Recommendation: Sections 5-400.3(b) and 5-400.5(b) of the Lar.
Use Code provide that the Planning Director is authorized to
approve a s -4---e plan and application for an Administrative 104=
Hazard Review. Based an the findings, Planning Staff recommends
approval of the Casey Administrative 1041 Hazard Review for Lot 2
of the Casey Lot Split and recommends that the Planning Director
sign the site plan with the conditions of approval noted on t e
sit- Alan and listed as follows:
CONDITIONS OF APPROVAL:
I. The fo1_ewing conditions are for the mitigation of potentia_
impacts on nearby wildlife habitat:
a. All dogs shall be kenneled or leashed.
b. Fences shall be limited to 42" in height or less, and
four strand or less.
C. Vegetation shall be maintained outside of the building
envelope.
2. The following conditions are to mitigate potentia'_ wildfir
hazards on the parcel:
a. The areas around proposed structures should incorperat-=
landscaping with wildfire defensible space considerations
as follows:
Z. Removal of all vegetation within 10 feet of
structures. This area shall be maintained in the
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future as low ground cover such as mowed grass.
2. 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, if the actual footprints are in
or around oakbrush. Remaining clumps shall 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 eliminated. Slash shall
be properly disposed of by chipping, hauling away,
or piling and burning during a safe time period.
3. Pruning all branches from trees and brush within the
30' perimeter to a height of 10' above the ground
and removal of ladder fuels from around trees and
brush.
4. Trim all branches which extend over the roof eaves
and remove branches within 15' of the chimnev.
5. Reduce the density of fuels within a 100' ner_-;eter
of the structure(s) where natural reduction has not
alreadv occurred.
b. Any additional proposed buildings :within the building
envelopes shall incorporate wildfire hazard mitigation
measures.
C . The applicant shall provide a 2,000 gallon wa-er st^.rage
tank for fire protection purposes.
d. All utility extensions shall be buried under existing or
proposed roadways and driveways.
e. Addresses shall be clearly marked and visible :with
minimum 2" letters.
f .The access roads and driveway_ s shall est Count_✓ Rcad and
Driveway standards.
g. The roof material shall be of a ncn-combustible malaria;
including metal, tile or asphalt; or, Class B Carti-
Guard Red Label Shakes and shingles utilizing Class B
construction techniques (1/2" minimum solid s%eathi:+g or
better) .
h. Residential structures shall have an auto:-atic
residential sprinkler system installed.
3. The applicant shall adhere to the following recommendations
of the Schmueser Gordon Mever report dated September 29, 1992:
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a. A site specific soils engineering study shall be
preformed" to insure proper foundation design.
b. Positive drainage shall be designed to insure that water
flows away from the foundation.
C. Minor detention basins shall be incorporated around the
buildings as part of a landscaping plan.
d. A culvert crossing shall be installed where the Lot 2
driveway intersects the main road.
e. Areas disturbed by construction shall be revegetated
within one growing season after construction is
completed. Temporary measures shall be taken during
construction to prevent on-site ponding.
4. The -following 1041 Hazard Review Warning and Disclaimer shall-
he
hallhe placed on the 1041 Hazard Map:
"The provisions of these regulat-ions do not in any way assure
or imply that areas outside of designated 'hazards will be free
from hazards, or that approved mitigation measures will
guarantee the safety of any property."
els
memo casev 1041admin
5
APPROVED:
Suzanne Xonchan,
County Planning Director
MEMORANDUM
TO: Suzanne Konchan, County Planning Director
FRCM: Ellen Sassano, Planner
RE: Casey Administrative Scenic Overlay
DATE: February 9, 1993
REQUEST: The applicant, Doug Casey, has applied to the Planning
Office for development of a parcel which is located :within a mapped
ridgeline area as viewed from Canital Creek Road. Resident -,a1
development is proposed for a legally created parcel in the Shield-
0-Meadews area, on Lot 2 of the Casey Lot Split, located in
Sections 22, 23 and 27, Township 9 South, Range 36 :lest of the 6th
Pm.
According to Ordinance 90-08, this property is mapped within a
r,daeline area. Section 3-1.13(D) (1) (c) permits the Planning
Dire= -.or to sign -of= on development within ridgeline mapped areas
in which the proposed development does not breams a ridgeline.
Based on a site inspection of the property, I have found that
development within the proposed building envelope :will not break
any ridgelines from either Sncwmass Creek or Capital Creek
corridors.
Shculd the proposed building envelopes be relocated on the par=e;,
a new determination as to ridgeline v;sib?lite will need to ne
made.
RECOMMENDATION: Planning staff recommends that the Planning
Director sign -off on the space below, to approve the proposed Lot
Lot 2 building envelope as depicted on the site plan da -ad
Sentember 21, 1992.
memo casev so
APPROVED:
6U�
Suzanne�Ronchan,� Planning Director
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#356206
X74*_7Z7; Rec
S.00 �0
3K 709 *V6 694
Silvia
Davis,
P,_tkin
Cnty
Clerk.
Doc
RESOLUTION OF TSE BOARD OF COUNTY COMMISSIONERS OF PITBIN
COUNTY COLORADO, GRANTING APPROVAL TO THE
CASEY CARETAKER DWELLING UNIT
Resolution No. 93-
RECITALS
1.Douglas R. Casey, hereinafter "Applicant", has applied .c the
Board of County Commissioners of Pitkin County, Colorado,
hereinafter "Board", for approval of a caretaker dwelling unit
wi.' in an approved outbuilding pursuant Section 3-3. (d) of
..and Use Code.
Z. The Applicant's lot is zoned RS -30 and is approxi.-ia=a_y
thir-y-five acres in s=ze.
Said parcel is known as Lot 2 cf _�ie Case% Tr -..:s,:
_t _s _ocated within Sections 22, ..` and , Towns:._=
Rance ;6 West of the 6th PM.;
The Applicants propose to a0nS:rc= a ca=?t3kar -,nz-: wi
a barn within an approved build -ng envelope.
6. The Board hea=d t his application az a regular nziee_inc on
3p-.1 1-3 _°93 at wh.c:: time evidence and pesp_�cny was presented
W... --h respec= to this application.
6. The Board determined that the proposed caretaker unit
cl=lies with the established in Section 3-8. 13 (d) of the
Land Use Code.
NCA, THEREFORE, BE IT RESOLVED by t. rd that it does
hereby grant approval to the I-ar dwelling unit
application subject to the followir.
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W3S-6I06 04.10q:3 10:ZM Rea s.00 3K: 709 0695
Silvia Davis? Pit -kin Cnty Clerk:, Doc
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Resolution No. 93-.514 403001 04/01/1997 12:01P RESOLUTION
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Z. The following conditions requested by the Aspen/Pitkin
County Housing Authority (APCH.A) shall be adhered to by
the applicant:
a. The applicant shall provide a deed restriction, as
stipulated in Section 3-3.1.3(a) of the Land Use
Code, to the APCHA :or approval. Upon aporovai by
the APCHA, the applicant shay_ record the deed with
the Pitkin County Cleric and Recorder's oi_ce prior
to issuance of a building permit for the caretaker
unit.
b . Prior to leasing the Caretaker Owe l l ing Unit , the
applicant shall ncti=v toe dousing nutaor-tmv, and
have the or-s�:.ective ^,anm -mc l ete .te = ea ; '-e d
qualification forms and submit -_:lose tot o 3ousin^
Authority for approval.
c. 7-f the unit is rented, tze apclicant shall cr-vide
�o the Housing Aut::or:_•, a. c -:,v of -he executed
lease at the time tie a -_t _s =entad and uccn ever-_
renewal off t:1e lease tort.
Ccndit_ens c all prior aorrcvals Lct 2 of the : asey
Lot Split- shall also accly -c :he caretaker un_-.
apo_ rovals include a growl:l management axemnticn, pursuant
t::+ Resolution No. PZ 2-3 `-_ , and administ=atJi.ve 104_
Review, as documented on -:,e site clan for Lot 2 c= -he
Casey Lot Split, on record at e Pi:kin County Cleric and
Recorder's of.:_ce.
malarial representations :lade by tae apo'_i-ant _. -ae
apnlicauon and qu-j.nc pu:.l_- meez_ncs shall_ -e adner_d
to and considered conditions of apo_rova_, unless
otherwise amended by other conditions.
APPRO-4ED AND ADOP'T'ED ON THE 13TH DAY 0r APRIL, 993.
Recorder
BOARD OF COUN OMMISSIONERS
OF PITXT-N C Y, COLORADO
B7
Biili Tuite, Chaizman
Date
C�6CJ6 o4/':: 'Z7-70 =()=-5 Rec s.00 SK 709 F" 696
�il✓�a Davis,
Pit1:in Crnty Clerk, DOC S.c
Resolution No. 93 -5 -/
Page 3
APPROVED AS TO ?ORM:
Cathy E. Whits
cz,unty Atzorne.
rao CASEY mu
APPROVED AS TO CONTENT:
Suzanne xcn'chan,
Coua-y Pianning Director
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