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HomeMy WebLinkAboutbocc.res.027.2023BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE OLSON AND THOMPSON DESIGNATION TO THE HISTORIC REGISTER AND GRANT OF INCENTIVES AND ACTIVITY ENVELOPE AND SITE PLAN REVIEW BOCC Resolution No. 027 -2023 RECITALS 1. Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("HRC") official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens. 2. Jennifer Olson and Scott Thompson ("Applicant") have applied to the Board of County Commissioners of Pitkin County ("BOCC") for the approval of A. Designation to the Historic Register for the existing architecturally -significant single- family residence ("Brickham House"), and B. One Transferrable Development Right ("TDR") as an optional incentive for the historic designation; and C. Activity Envelope and Site Plan Review for the replacement of an existing detached garage and addition of a new storage shed. 3. The property is located at 606 South Starwood Drive and is legally described as Starwood Nine Subdivision, Lot R-66. The parcel is 4.565 acres in size and is zoned Agriculture/Residential-10 Acre (AR-10). The property size is non -conforming in size for the zone district. The parcel identification number is 2643-351-06-004. 4. Previous records for the property include: A. In 1969, the Starwood Nine Subdivision was recorded at Book 3 at Page 383 (Reception No. 134256). Two lots were created including R-66 and R-65 in addition to a thirty (30) foot private drive easement from South Starwood Drive, through Lot R-66 to Lot R-65 to the east. The thirty (30) foot private drive easement was vacated by the First Amendment to Grant of Easement and Agreement recorded at Reception No. 562675. B. In 1969, a Starwood General Warranty Deed was recorded at Reception No. 135116 where Starwood Land Corporation sold and conveyed Lot R-66 to Eleanor Brickham. The easement and right-of-way over the dedicated private roadway was vacated by the First Amendment to Grant of Easement and Agreement recorded at Reception No. 562675. C. The Amendment to Agreement recorded at Reception No. 177911 provided for a pedestrian and horse easement leading from South Starwood Drive to the National Forest along either the northern or southern boundary of Starwood R-66 for the benefit of Starwood Homeowner Association Members. The easement was subsequently vacated by the First Amendment to Grant of Easement and Agreement recorded at Reception No. 562675. 11111111111111•1111M1111 RECEPTION#: 697299, R: $0.00, D: $O.00 DOC CODE: RESOLUTION Pg 1 of 14, 0910712023 at 01:18:10 PM Ingrid K. Grueter, Pitkin County, CO BOCC Resolution No. 027-2023 Page 2 5. The Brickham House was legally constructed under Building Permit No. 9-7 issued in 1969. The detached garage was legally constructed under Building Permit No. 2-166 issued in 1972. No Letters of Completion or Certificates of Occupancy are on file. 6, Site features and easements descriptions: A. To the north, a twenty (20) foot wide Brickham Private Drive Easement is recorded at Reception No. 444309. B. An east -to -west gravel driveway provides access to the existing single-family residence and detached garage along the northern portion of the property. C. An asphalt driveway is located south of the gravel driveway and single-family residence, providing emergency access to the subject property and access to Lot R-65 to the east. Easements associated with this driveway include: i. An access and utility easement and a five (5) foot construction easement recorded at Reception No. 592331. ii. A ten (10) foot underground utility easement on Lot R-66 to benefit Lot R-65 aligned with the existing gully or draw, currently known as Gavin Gulch (Reception No. 135117). iii. A ten (10) foot wide Holy Cross underground electric easement is recorded at Reception No. 593574. iv. In 2008, a Grant of Easement and Agreement was recorded at Reception No. 554598. Subsequently, in 2009, the First Amendment to Grant of Easement and Agreement was recorded at Reception No. 562675. 7. The application was referred to the County Attorney, County Planning Engineer, County Zoning Officer, County Historic Preservation Officer, Aspen Fire Protection District (AFPD) and Starwood Homeowners Association. Comments were received from the County Planning Engineer, County Zoning Officer, AFPD and the County Historic Preservation Officer and integrated into the conditions of approval below. 8, The BOCC finds that the request for Designation to Historic Register complies with the applicable provisions of the Land Use Code ("Code"), as follows: A. The Applicant complies with the One -Step Review Procedure Criteria of Approval in Section 2-30-30 (h)(9) for Designation to Historic Register and Grant of Incentives. The Application was submitted by the property owners. The Application is compliant with Section 7-20-100 and an optional incentive of one Transferrable Development Right (TDR) is requested. B. The Applicant complies with Section 7-20-100 for Historic Preservation, as follows: i. Pursuant to Section 7-20-100(b)(1)(a), the criteria for inclusion in the Pitkin County Historic Inventory is based upon the following historical contexts: "work BOCC Resolution No. 027-2023 Page 3 of a master" and "association with individuals whose contribution to local, state, regional or national history is deemed important and has been documented." ii. Pursuant to Section 7-20-100(b)(1)(b), sufficient evidence for inclusion on the Historic Inventory was compiled by the Applicant and included "documentation by individuals or firms meeting the Secretary of Interior's Standards for Professional Qualifications." iii. Pursuant to Section 7-20-100(b)(2)(a), the Application complies with the criteria for designation to the Historic Register: a. The property is of importance of the historic theme to which the resource is related to the County's history. Eleanor Brickham, a local architect, and one of the earliest known female architects to practice in the Roaring Fork Valley, thoughtfully juxtaposed modern design principles with the local mountain aesthetic, at her Starwood home. b. The subject property is exemplary because it dates to the peak of Brickham's practice and the design reflects her philosophy of materials, spatial layouts and energy performance. Brickham completed at least sixty (60) architectural projects in the Roaring Fork Valley, with only two remaining in the City of Aspen and a limited number estimated to remain in Pitkin County. c. Interior remodeling has impacted some of the interior finishes, however, based on the original architectural drawings, no changes have been made to the exterior form and materials. d. The subject property was designed by Brickham, who was a known architect and the structure is singular in that no other examples of this particular building exist. e. The subject property is not visibly prominent. The property is located within a gated Starwood subdivision and is well setback from South Starwood Road. f. The only Brickham designed structures that remain are known to be more spare and geometric, compared to the subject property where the architectural massing is more complex and the material palette responds to the rural site. Given that the structure served as Brickham's residence, and the structure has been commonly associated with her career as an architect, then the structure can be considered to be associated with her as a notable individual. 9. The BOCC finds that the request for one TDR is an optional incentive for historic designation and complies with the applicable provisions of the Code, as follows: BOCC Resolution No. 027-2023 Page 4 A. Section 7-20-100(f)(3)(b) indicates a TDR may be granted, at the discretion of the BOCC, as an incentive for properties designated to the Pitkin County Historic Register, subject to compliance with standards for issuance of TDRs on historic register properties in Section 6-70-40. B. The Applicant complies with Section 7-20-100(f)(4) for Eligibility. The replaced garage and terraced retaining walls will be designed and detailed so the new structures do not compete with the Brickham House. Any new structures will be considered under the guidance of the Pitkin County Historic Preservation Officer. The Applicant agrees to provide images and written narrative for the purposes of publishing on the publicly available Pitkin County Historic Preservation website C. The Application complies with Section 6-70-40(a)(10) for Criteria for Properties Designated on the Pitkin County Historic Register. i. The community benefits associated with the Brickham House includes: the value and importance of the resource relative to the overall County Historic Inventory and a guarantee of long-term preservation of resource through a covenant to the Community Development Department and the County Attorney. ii. The Applicant represents the following additional voluntary community benefits: a, Images and written narrative describing Eleanor Brickham and the Brickham House will be provided to Pitkin County for the purposes of publishing on the publicly -available Historic Preservation website. b. A drone video will be produced to provide a virtual tour of the interior and exterior of the Brickham House and the Starwood property. c. An annual in -person event will be hosted by the Applicant (or subsequent owners of the property) to provide tours of the Brickham House and Starwood property. d. A floor area cap of 3,731 square feet. 10. The BOCC finds that the request for Activity Envelope and Site Plan complies with the applicable provisions of the Code, as follows: A. The Application meets Section 2-30-20(g) (2) and (3) for Activity Envelope and Site Plan Criteria for Approval and Section 7-10-50 and -60 for Activity Envelope and Site Plan. The proposed development complies with the Code including policies listed in Section 1- 60. The Site Plan avoids site constraints where possible and mitigates for site constraints where necessary. The Applicant is establishing an Activity Envelope where one was not previously defined. B. Section 4-30-60 for Renewable Energy Uses does not apply since the existing single-family residence will remain. BOCC Resolution No. 027-2023 Page 5 C. The Applicant complies with Section 7-20-10 for Site Preparation and Grading. All grading and fill placement, clearing, grubbing, vegetation removal and revegetation will occur within the Activity Envelope. Topsoil will be salvaged on site and used for revegetation where feasible. D. The proposed garage location is within areas of previously disturbed slopes in excess of forty-five (45) percent where development is permitted pursuant to Section 7-20-20(c)(3) for Minor Slope Anomalies. The footprint of disturbance associated with the new garage has the potential could be reduced. The terraced retaining walls, designed to stabilize the existing hillside to the north, follow Section 7-20-20(e)(5) for guidelines for retaining walls. Retaining wall heights are limited to four (4) feet. The width between any two four (4) foot vertical retaining walls is a minimum of three (3) feet. The guidelines indicate the terracing should be limited to two (2) tiers and the proposed Site Plan indicates three (3) tiers. The planned retaining walls comply with standards in Section 7-20-20(e)(6), the face of the retaining walls are planned to be stone or earth -colored materials, which will be selected with the assistance of the County Historic Preservation Officer. E. The Applicant complies with Section 7-20-30 for Water Courses and Drainage. Site drainage is represented to be improved by the Site Plan due to the addition of a vegetated roof over the new garage, terraced retaining walls, a swale and associated culvert on the hillside north of the autocourt. permeable grass paver system at the autocourt and new road base to replace asphalt for a portion of the driveway. F. A site specific wildfire hazard report indicates medium hazard areas upslope from the driveway and autocourt and low hazard for the remainder of the property, inclusive of existing development. The Applicant will comply with the requirements from this report, copied in the conditions below, and Section 7-20-60 for Wildfire Hazard. Fire resistance could be improved by the replacement of the existing wood decking with more fire resistant materials. G. The subject property is mapped within winter range for elk and mule deer. The Applicant will comply with general wildfire provisions pursuant to Section 7-20-70 for Wildlife Habitat Areas. H. A mapped intermittent stream, Gavin Gulch, drains from east to west and is located south of the existing single-family residence. Administrative Decision No. 70-2009 approved a driveway along the Gavin Gulch alignment with the conclusion that "...development will have minor impacts to drainage patterns, specifically Gavin Gulch." The existing single- family residence is located within the 100-foot setback of Gavin Gulch and the proposed garage location is represented to be outside the 100-foot setback. The Applicant complies Section 7-20-80 for River and Stream Corridors and Wetlands. I. The Applicant complies with Section 7-20-120 for Scenic View Protection Areas from State Highway 82 and McLain Flats Road. The property and existing and proposed site development is represented to not be visible from scenic corridors. BOCC Resolution No. 027-2023 Page 6 J. The Applicant complies with Section 7-20-130 for Landscaping and Vegetation Protection. No trees are represented to be removed. Disturbed site areas will be revegetated with native plant species. K. Exterior lighting is not represented in the Application. The Applicant will comply with Section 7-20-140 for Lighting at the time of building permit. L. Section 7-20-160 for Solar Roof Readiness and Guidelines for Site Orientation for Solar Access does not apply since the existing single-family house and driveway alignment will remain. M. The Applicant complies with Section 7-30 for Roads, Driveways and Parking. The existing driveway alignment will remain and additional area will be added to the autocourt to facilitate turning movements of some emergency vehicles. N. The Applicant complies with Section 7-50 for Public Services and Utilities. Existing public services and utilities will remain on the property. A domestic water well and onsite wastewater treatment system is located south of the Brickham House and north of the existing driveway to access the adjacent Lot R-65. A new buried electric line will connect to the new garage location. O. The following are not known to affect the property: floodplain hazards, geologic hazards, irrigated lands for crop or food production and archeological resource areas. 11. The BOCC further finds: A. The storage shed is represented to be in the location of the current garage, in a location without site constraints. B. The Brickham House is non -conforming in regards to building height. C. The existing driveway to the subject property is represented to be adequate for small emergency vehicles. Large emergency vehicle access to the subject property is provided by the existing driveway that provides access to adjoining property, Lot R-65. The existing driveway is located to the south of the Brickham House. Emergency access can be improved by providing a year-round access pathway and adding messaging to the existing address markers. D. The existing garage is not considered to be historically significant. However, the stone wall along the western side of the existing garage is a component to the original architectural vision of the Brickham House and will be maintained. Additional structural elements as may be required to support the stone wall shall be approved by the Historic Preservation Officer. 12. The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. BOCC Resolution No. 027-2023 Page 7 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County that it does hereby designate the Brickham House at 606 South Starwood Drive to the Pitkin County Historic Register. BE IT FURTHER RESOLVED by the BOCC that it does hereby grant one TDR as incentives for the historic designation. 1. Within 180 days of the date of this approval, the Applicant shall record a Covenant Agreement in a form acceptable to the County Attorney in which the Applicant agrees to preserve and restore the historic resources in accordance with the Pitkin County Handbook for Preservation of Historic Properties and to restrict the floor area on the lot to a maximum of 3,731 square feet. A. Historic resources shall include: i. Brickham House, and ii. The detached stone wall that is currently the western wall of the garage. B. Applicant commitments to community benefits shall include: i. Images and written narrative describing Eleanor Brickham and the Brickham House shall be provided to Pitkin County for the purposes of publishing on the publicly -available Historic Preservation website. ii. A drone video shall be provided to the County that depicts a virtual tour of the interior and exterior of the Brickham House and the Starwood property. iii. An annual in -person event shall be hosted by the Applicant (or subsequent owners of the property) to provide tours of the Brickham House and Starwood property. The annual tour shall be organized by the Applicant, or an organization approved by the Historic Preservation Officer. The in -person event shall be publicly noticed. Documentation of the tour shall be reported to the Historic Preservation Officer annually in compliance with County Historic Site Tour policies. iv. A floor area cap of 3,731 square feet. 2. The TDR Certificate shall be issued to the Applicant after the following are completed: A. The recordation of the Covenant Agreement, and B. The completion of requirements 1.B.i. and 1.B.ii. listed above, to the satisfaction of the County Historic Preservation Officer. 3. The County Historic Preservation Officer shall review and approve all future permits for this property, including exterior lighting. BE IT FURTHER RESOLVED by the BOCC that it hereby approves the Olson and Thompson Activity Envelope and Site Plan Review subject to the following conditions, which shall run with the land and be binding on all successors in interest and authorizes the Chair to sign the Resolution and upon the satisfaction BOCC Resolution No. 027-2023 Page $ of the County Attorney as to form, execute any other associated documents necessary to complete this matter: 1. Within 180 days of the date of this approval, the Applicant shall record 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. 2. Conditions for Activity Envelope and Site Plan: A. All wall footings, soil nails or other wall supports shall be located completely within the Activity Envelope. B. The footprint of disturbance for the construction of the garage and retaining walls shall be minimized as much as practicable. 3. The Applicant shall comply with the following standards in Section 7-20-60 for Development in a Low Wildfire Hazard Area and the conditions from the site -specific wildfire report dated March 4, 2021. In the event of conflicting conditions, the more restrictive shall govern. 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): i. Zone 1 (0-30 feet): a. Existing flammable vegetation and debris shall be removed within 10 feet of all structures. No new conifer trees shall be planted within ten feet of a structure. b. Plant nonflammable ornamental plants or hardscape surfaces (stone or decorative rock) within a 10 foot perimeter around all structures. Do not use bark, mulch or plant ground junipers which are highly flammable. c. Outside the 10 foot perimeter from the structure to thirty feet, existing trees shall be spaced at least ten feet between crowns with branches pruned to a height of ten feet or 1 /3rd the height of the tree with debris removed around the base of the tree. d. No tree branches shall extend over the roof or be within 15 feet of chimneys. e. Shrubs outside the 10 foot perimeter from the structure shall be trimmed and spaced two times the height of the fuel measured from the crown up to a minimum of thirty feet from the outermost projection of the structure. BOCC Resolution No. 027-2023 Page 9 f. Ideally, most flammable vegetation should be removed from Zone 1 to reduce fire hazards. The more you remove the safer the home will be. g. Do not store any flammable materials under decks and, if close to the ground, enclose or screen them with 1/16 inch metal mesh. h. Each structure shall have a minimum of one ten pound ABC fire extinguisher. i. The property owner shall be responsible for maintaining the defensible space vegetation requirements. ii. Zone 2 (30 to 100 feet): a. All deadfall within one hundred (100) feet of the structure shall be removed. b. Standing dead trees and shrubs should be removed within one hundred feet of the structure. A few dead trees per acre may be left to benefit wildlife. c. Remove enough shrubs to create at least ten (10) feet between crowns. Less vegetation means lower wildfire intensity. iii. Zone 3 (greater than 100 feet): a. This is an area of traditional forest management and no recommendations will be made at this time. B. Maintenance and miscellaneous requirements: i. Roofs and gutters shall be kept clear of debris. ii. Roof, attic and soffit vents shall be screened with '/a inch maximum, corrosive resistant wire mesh. iii. Yards shall be kept clear of all litter, slash and flammable debris. iv. All flammable materials including firewood and wood piles shall be stored parallel a minimum of fifteen (15) feet away from any structure. v. Weeds and grasses within a ten (10) foot perimeter of any structure shall be maintained to a height not more than six (6) inches. vi. Swimming pools and ponds shall be accessible by the local fire district. vii. Fences shall be kept clear of brush and debris. viii. Wood fences shall not connect to any structures. ix. Propane fuel tanks shall be installed underground with an approved container. BOCC Resolution No. 027-2023 Page 10 x. The property owner shall be responsible for the continued maintenance requirements. C. Access and water supply: i. Access roads, driveways and fire truck turnarounds shall be built to the Pitkin County and Aspen Fire District standards. ii. Driveways should be thinned of natural vegetative fuels a minimum of ten (10) feet from both sides of the road or as determined by the Aspen Fire District. iii. Addresses should be clearly marked three (3) feet above ground at the driveways entrance with two (2) inch, nonflammable reflective numbers. D. Roofing materials, roofing vents and projections at and below roof line: i. Class A covering or Class A Assembly as defined by the currently adopted Building Code. ii. No wood shakes or shingles. iii. All other adopted Building Code compliant methods and materials permitted. iv. Roofs with less than a 3:12 pitch are not permitted in Low, Medium, or Severe Wildfire Hazard Areas unless they comply with the following: a. All roof coverings shall be constructed of non-combustible materials and installed on a Class A roof assembly. b. All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. c. Protrusions above the rooline, such as parapets, shall be prohibited. d. Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. e. All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 4. The Applicant shall comply with the following general conditions regarding wildlife: A. Manipulation of vegetation outside of the Activity Envelope is prohibited, except for wildfire mitigation and noxious weed management. B. Mesh or woven wire fences are prohibited outside the Activity Envelope. I3OCC Resolution No. 027-2023 Page I 1 C. 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. D. 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 (which may be barbed) should be located a minimum of twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the finished grade. E. Landscaping shall not include nut, berry or fruit producing trees or shrubs palatable to bears. This does not include pre-existing native trees and shrubs. F. Access shall be provided to the Colorado Parks and Wildlife for trapping, tagging, studying, or otherwise managing wildlife. G. Trash/garbage shall be kept in an approved bear resistant container or enclosure. These containers shall be accessible to and used at all times by contractors on site. H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at 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. I. Pet food shall not be left outside. J. All outside doors shall utilize only solid round handled door knobs unless another type is required by the applicable Building Code for disabled accessibility purposes. K. Contractors shall be prohibited from bringing their dogs on site. 5. The following shall be completed prior to or concurrent with the building permit for the garage, storage shed and site walls: A. The existing wood decking shall be replaced with fire resistant materials, approved by the Historic Preservation Officer. B. A year-round, sixty -inch (60") wide emergency access path is required from the Lot R-66 driveway to the Brickham House on the subject property. C. Messaging shall be added to the address marker for the subject property indicating that emergency access is located at the next driveway for 750 South Starwood Drive. Additionally, the address marker for 750 South Starwood shall indicate that driveway is the emergency access for the subject property. 6. With a building permit for the garage, storage shed and site walls, the Applicant shall: A. The Applicant shall supply adequate drainage for all low points. If the proposed work disturbs more than 1,500 square feet, the Applicant shall submit engineering documents BOCC Resolution No. 027-2023 Page 12 for stormwater detention facilities designed by a professional engineer licensed in the State of Colorado, demonstrating that historical flow patterns and runoff amounts will be maintained. If the development disturbs one acre or more, a Colorado Department of Public Health and Environment permit for stormwater discharges associated with construction activities shall be applied for and obtained prior to issuance of a permit. B. Submit a site -specific drainage and erosion control plan prepared by a qualified engineer or geologist for review and approval by the Planning Engineer. C. The Applicant shall provide adequate engineering of any retaining walls in excess of four feet (4') in height and/or any improvements to walls over four feet (4') in height. All retaining walls shall be a maximum of seven feet (7') tall. D. Apply for an access permit for the driveway, which shall be approved by the Planning Engineer and Aspen Fire Protection District. The applicant shall comply with all conditions of the current Pitkin County Construction Management Plan Requirements Manual. A construction management inspection will be required prior to the first building inspection. F. Submit a tree removal and mitigation plan for trees that are larger than six inches (6") diameter at breast height that are proposed to be removed. G. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. H. Submit a detailed exterior lighting plan with the corresponding fixture cut sheets. 1. Submit representations of the exterior indigenous earth tone materials or colors and non - reflective roof materials. J. Demonstration of compliance with standards for development in a Low Wildfire Hazard Area. K. A stamped shoring plan for construction (if sharing is required). L. Stamped structural drawings for the retaining walls and structural walls. M. A letter from an engineer or geologist licensed in the State of Colorado demonstrating the site can be engineered so that there is no hazard posed by the location of development on steep slopes. N. A letter issued by the County Historic Preservation Officer stating approval of the design, materiality and detailing of the terraced retaining walls, storage shed and garage. 7. All plants used for landscaping and revegetation shall be native species. Areas disturbed by construction and all landscaping areas shall be revegetated prior to issuance of the Certificate of Occupancy. BOCC Resolution No. 027-2023 Page 13 8. No development, including grading, excavation, fill placement, landscaping, vegetation removal or disturbance shall occur outside the approved Activity Envelope. 9. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the scope of work area within the Activity Envelope and install construction fencing around the construction site. The fencing shall remain in place until issuance of a Certificate of Occupancy. 10. The Applicant shall comply with the applicable codes and requirements of the Aspen Fire Protection District, including but not Iimited to access, adequate area for turning movements of fire equipment and provision of an adequate water supply for firefighting. A sprinkler system is not required for the accessory structures or the existing single-family residence. AFPD may require a sprinkler system in a future development plan for the subject property. 11. Development within setbacks is prohibited except as allowed per Section 5-20-100 of the Code. Any development that does not comply with Section 5-20-100 and that is located within setbacks mandated by County zoning regulations shall require a variance from the Board of Adjustment. Approval of an Activity Envelope within such setbacks does not assure approval of a variance. 12. Prior to issuance of Building Permit, the Applicant shall pay the applicable road and employee housing impact fees. 13. 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. 14. The Applicant shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 15. 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 Section 2-20-170 and C.R.S. 24-68-105. The statutory vested rights granted herein shall expire on May 10, 2026. 16. 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. BOCC Resolution No. 027-2023 Page 14 PUBLIC NOTICE PUBLISHED IN THE ASPEN DAILY NEWS on the 6th day of April, 2023. APPROVED by the BOCC, the loth day of May, 2023. PUBLISHED AFTER APPROVAL FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN DAILY NEWS on the 14th day of September, 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS: a+*, tbilm, Frawcit, itt okr Sam Engen Francie Jacober Deputy County Clerk Chair APPROVED AS TO CONTENT: APPROVED AS TO FORM: SwyawAa fpdif Suzanne Wolff Community Development Director Parcel Identification Number: 2643-351-06-004 PLAN.1442.2022 5oi". Eli John Ely County Attorney