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HomeMy WebLinkAboutpitkin.eh.264726200031 (1996) ResoRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE MAURIN 1041 HAZARD REVIEW Resolution No. 96- ) Y 3 1. Dwight Maurin (hereafter "Applicant") has applied to the Pitkin County Board of County Commissioners (hereafter "Board") for consideration of 1041 Hazard Review for the construction of a single family residence and on a 360 acre parcel located eight and one half miles from the Capital and Snowmass Creek Road intersection, more specifically described in E.,,chibit "A". I As part of a 1980 Court settlement of the George Maurin Estate. the subject parcel was covenanted in perpetuity against further subdivision, and limited to agricultural uses. A 1990 Court stipulation finds that the term, "agricultural uses" in this case includes the right to construct and occupy one single family residence and attendant accessory uses and outbuildings consistent with residential occupation and agricultural use of the property. 4. Having reviewed the application at a regularly scheduled public meeting on April 2, 1996, the Planning Commission recommended approval of the request to the Board of County Commissioners. 5. The Board considered the request at its regularly scheduled meeting of June 12, 1996, at which time evidence and testimony were presented with respect to this application. 400881 01/14/1997 01:50P PG 1 OF 8 REC DOC NOT SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER M-00 6. The Board found the request to be generally in compliance with applicable sections of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant 1041 Hazard approval subject to compliance with the following conditions: 1. The Applicant shall adhere to all material representations made in the application and in the public meetings. ?. Prior to building permit application. the Applicant shall record a 24 x 36 inch mvlar 1041 Hazard Review Site Plan which meets the approval of the Planning Office and County Attorney. a. The site plan shall include the following 1041 Hazard Review 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 guarantee the safety of any property." b. Prior to recording of the Plan. the building envelope shall be modified as necessary to provide a minimum of a 100 foot setback from the edge of slopes on the north, east and south ends of the envelope. The envelope shall be reduced to a size of approximately eight acres to ensure the preservation of some of the mature Aspen Forest on the Ridgetop. The envelope shall be modified to eliminate all slopes averaging more than 15% in grade. A water well only, may be located within the 16 acre "well envelope" designated on the site plan. Roads existing within that envelope as of the date of this approval shall be identified on the recorded site plan. No new roads shall be constructed within the well envelope (to accommodate the well improvement or for any other reason). 3. Building foundations shall be reviewed and certified by a Colorado registered professional engineer. Foundation plans shall be submitted at the time of building permit application. 4. The Applicant shall obtain an access permit from the County Engineer prior to commencement of any surfacing or widening improvements to the access drive on private property. Improvements by the applicant to Capitol Creek Road from the Rupert property up to the Forest Service Boundary shall be prohibited. 400881 01/14/1997 01:50P PG 2 OF 8 The Applicant shall submit a drainage and erosion control plan which meets the approval of the County Engineer, prior to the issuance of a building permit. In addition to addressing permanent drainage and erosion control measures, the plan shall include temporary erosion control measures for construction to prevent soil and sediment from impacting Little Elk Creek. 6. The building site shall be revegetated with native vegetation to limit water consumption and additional runoff within one growing season of project completion. All drainage from roofs and paved areas shall be detained on-site. 7. Outside illumination shall comply with County lighting standards in effect at the time of building permit issuance. The Applicant shall implement the following measures to mitigate impacts to wildlife: a. The keeping of dogs on site shall be prohibited. b. All fencing shall be 42", 4 strand or less with a 12" kickspace between the top two strands. Any rail fencing shall be 42", 3 rail or less with at least 18" between the top two rails. Fencing outside of the building envelope shall be permitted only for the purpose of keeping livestock out of the property. Such fencing shall comply with Division of Wildlife fencing standards. C. Vegetation outside of the building envelope shall be kept in its natural state, except as disturbance is necessary for compliance with wildfire mitigation measures stipulated as part of this approval. I Bear -proof garbage containers or shed shall be utilized to contain garbage on-site. Such containers shall be on-site prior to issuance of a certificate of occupancy for the residence. e. Construction shall be prohibited during elk calving season and in no case shall occur prior to June 20th of any year. f. No development, including grading or landscaping or vegetation removal shall occur outside of the approved building envelope except as may be necessary to implement the wildfire mitigation measures identified elsewhere in this document. 9. Prior to issuance of a building permit, the Applicant shall provide documentation of an adequate domestic water supply. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 10. The septic system for the development shall meet the approval of the Environmental Health Department. The Applicant shall obtain such approval prior to the issuance of a building permit. 400881 01/14/1997 01:50P PG 3 OF 8 mom 11. The Applicant shall file a fireplace/woodstove permit with the Environmental Health Department, prior to the issuance of a building permit (if necessary). 12. The applicant shall comply with the following wildfire mitigation measures: a. The area around the structure 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) All brush located downhill from the structure(s) shall be cleared for a distance of 30-50 feet. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 10 foot perimeter around the remaining sides of structure(s). 2) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around a structure built on flat ground. (For greater slopes ref. CSFS Safety Zone chart. Page 13, Wildfire Guidelines For Rural Homeowners). 3) 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. - 4) All branches from trees and brush within"the 30 foot perimeter shall be pruned to a height of 10 feet above the around and removal of ladder fuels from around trees and brush. 5) Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet between the edges of the crowns. 6) All branches which extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. 7) The density of fuels within a 100 foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 8) All deadfall within the 100 foot perimeter shall be removed. 9) The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 400881 01/14/1997 01:50P PG 4 OF 8 b. Structural Design and Construction Requirements: 1) Roof construction shall be Class A, non-combustible (no wood shake/shingles) material with no flat roofs. 2) Vents shall be screened with corrosive resistant wire mesh with mesh 1/4 inch maximum. C. The following maintenance measures shall be adhered to: 1) Roofs and gutters shall be kept clear of debris. ?) Yards shall be kept clear of all litter, slash, and flammable debris. 3) All flammable materials shall be stored on a parallel contour a minimum of 15 feet away from any structure. 4) Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. I The following miscellaneous measures shall be adhered to: I) Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. 2) Swimming pools shall be accessible to Fire Department vehicles. 3) Fences shall be kept clear of brush and debris. 4) Wood fences shall not connect to the structure. 5) Any outbuildings or additional structures shall adhere to the same standards as structures. 6) Fuel tanks shall be installed underground with an approved container. 7) 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 be constructed with materials approved for , hour fire -resistive construction on the exterior side of the walls. 8) Each structure shall have a minimum of one 10 pound ABC fire extinguisher which shall be placed in each structure in a visible and accessible location. 400881 01/14/1997 01:50P RG 5 OF 8 4 9) Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. e. Water Supply: 1) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. 2) A 10,000 gallon water storage tank shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). Photo documentation of the underground tank shall be submitted to the Building Department. prior to the issuance of occupancy permits. 3) The residence shall contain a functioning interior sprinkler system. 13. Residential floor area shall be limited to 6,500 square feet as calculated pursuant to the Pitkin County Land Use Code in effect at the time of building permit issuance. 14. No utilities shall be extended to this property without further review by the County. 15. This approval shall be subject to the Applicant obtaining a Special Use Permit from the Forest Service for use of the Forest Service Road providing access to this site; and obtaining a permanent access easement from the owner of the adjacent property to the south. The applicant shall also provide an access easement to the property owner to the south for use of the road on the Maurin parcel accessing the cabin on the adjacent property to the south. 16. Structures shall be deigned to blend in with the surrounding natural landscape. Roof materials shall be non -reflective. !y A. IG -as r APPROVED AND ADOPTED ON THE 1 -3 -$-DAY OF FeW-E, 1996. BOARD OF COUNTY COMMISSIONERS, _ PITKIN COUNTY, COLORADO 400881 01/14/1997 01:50P PG 6 OF 8 Jdariette Jones, Deputy clerk & Recorder APPROVED AS TO CONTENT: 4ye'4-ZI-- - Cindy Houben. Community Development Director 400881 01/14/1997 01:50P PG 7 BY James R. True, Chairman ATE OF 8 APPROVED AS TO FORM: 0ly, County Attorney M EXHIBIT A IN TOWNSHIP 9 SOUTH, RANGE 87 WEST OF THE 6' P.M. SECTION 26: NW1/4 W1/2NE1/4 SECTION 23: S1/2SW1/4 SW1/4SE1/4 Together with a 40 foot non-exclusive easemer_Z and right of way for access purposes over and across the existing roadway through a tract of land described as the S1/2NW1/4 and the SWI/4NE1/4 Section 25, Lot 9, Section 23 and Lots 1 and 2 Section 26 all in Township 9 South, Range 87 West of the 6th P.M.-, provided that said roadway shall nor- be otbe materially changed or altered or trees removed without the consent of the owner of said property. and together with a non-exclusive easement or right of way for access purposes as retained by Granzor in Deed to Grace Huffman recorded in Book 251 at Page 910 of the Pitkin County records. 400881 01/14/1997 01:50P FSG 8 OF 8