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HomeMy WebLinkAboutates.1041.hazard.reviewREADING AND PUBLIC HEARING ON DRAFT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE BATES 1041 HAZARD REVIEW RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING THE BATES 1041 HAZARD REVIEW Resolution No. -2005 RECITALS Nathaniel Bates (herea~er "Applicaut") applied to the Pitkin County Hearing Officer for 1041 Hazard Review to establisb a building envelope around au existing residence and garage, and to build a bedroom oil the existing residence. Tbe property is located at 376 Draw Drive, and is described as lot 33, Ridge of Red Mountaiu. The property is zoned R-30, and contains 1.442 acres. The Hearing Officer denied the request at a public hearing on October 19, 2004, pursuant to Determination No. 27-2004. The Hearing Officer found that the building envelope and the requested area for the proposed bedroom contained areas with slopes exceeding forty-five percent (45%), which is prohibited pursuant to Section 3-80-050 (C) of the Pitkm County Land Use Code. The BOCC beard this application on December 15, 2004, at wbich time tile Board determined that tbe request is consistent with Section 3-80-050(C)1-c-i-i-c, Minor Slope Anomaly, wbicb allows for development on slopes greater than thirty percent (30%) due to the presence ora minor uatural or man-made change in the gradient ofa contiuuous slope. NOW THEREFORE BE IT RESOLVED by tile Board of County Commissioners that approval is hereby granted to the Bates 1041 Hazard Review subject to the following conditions, whicb shall run witb the land and be binding oo all successors ill interest: Tile Applicant shall adhere to all conditions and material representations made in tile application and public meetings except as amended berein. Prior to submittal for any building permits, tile Applicants shall ri:cord a 24 X 36 iucb mylar 104I Hazard Review Site Plau ill accordance with Sections 5-70-040 oftbe Land Use Code. A building envelope sbalI be depicted on the site plan encompassing all existing aud proposed development. Community Development shall approve the site plan prior to recordatiou. The Applicaut shall comply with tile following landscaping and wildfire defeusible space mitigation standards as cau be accomplished within the boundaries of the property: Brush, debris, aud non-ornamental vegetation shall be removed within a minimum 15-foot perimeter around tile structure. V~gytation shall be reduced to break up the vertica and horizontal continuity of the fuels a mmunum ora 50-foot perimeter around the structure. Spacing between clumps of brush and vegetation witbil~ the 50-foot perimeters shall be a minimum of 2 ~A thnes the height of the fuel. Maximum diameter of the clumps shall be 2 V~ the height of the fuel. All measurements shall be fi'om the edges of the crowns of the fuel. MEMORANDUM TO: Pitkin County Board of County Commissioners Regular Meeting -January 12, 2005 ~(~ ,~C,~ .... ent Director THRU: Ciudy HotttSe'rr,'~Ommun ay L~evempm FROM: Ezra Louthis, Planner RE: Bates 1041 Hazard Review SUMMARY OF REQUEST: The Applicaut requested a takings hearing, pursuant to Section 4-150 of the Pitkin County Land Use Code, as a result of the Hearing Officer denial on October 19, 2004, for the Bates property located in the Ridge of Red Mountain Subdivision. The Applicant is requesting 1041 Hazard Review approval to establish a building envelope in order to add an additional bedroom of 608 sq. ft. to the existing residence containing 2,271 sq. ft. The proposed building envelope for the area of the proposed bedroom addition contains slopes in excess of 45%, in which development is prohibited pursuant to Code Section 3-80-050(C). APPLICANT: Nathaniel Bates REPRESENTATIVE: Alan Richman LOCATION: Lot 33, Ridge of Red Mountain Subdivision ZONING/LOT SIZE: The property is zoned R-30 and contains 1.442 acres. BACKGROUND: The Applicm~t submitted a 1041 Hazard Review application for a building envelope specifically aimed at doing a bedroom addition to an existing single-family residence that was built in 1974. The application was denied by the Hearing Officer on October 19, 2004, due to the presence of slopes in excess of 45%. The BOCC heard the application as a takings determination on December 15, 2004, at which time the Board determined that it was not a takings and the Applicant's request be approved pursuant to Section 3- 80-050(C) l-c-i-i-c, Minor Slope Anomaly, which allows for development on slopes greater than thirty percent (30%) due to the presence of a minor natural or man-made change in the gradient of a continuous slope. ATTACHMENTS: A. Draft Resolution BOCC Resolution No. __-2005 Page 2 D. All branches from trees within the 30-foot perimeter shall be pruned to a beigb~ of 10 feet above the ground and ladder fuels from around trees shall be removed. E. Tree crown separation within the 30-foot perilneters shall have a minimum of 20 feet between the edges of the crowus. New coniferous trees sball not be installed withiu 20' of any built or proposed structure. F. All branches which extend over the roof eaves shall be tri~mned and all brancbes within 15 feet of the cbinmeys shall be removed. G. The density offi~els within a 100 foot perimeter of the structure shall be reduced. All thinned suowberry, serviceberry, or cbokeberry stumps must be paiuted with Garlon® (or equivalent) herbicide to preveut aggressive re-sprouting. H. All deadfall within tile i 00 foot perimeter shall be removed. 1. The applicant shall be responsible for tile coatinued maintenance oftbe defensible space vegetation requirements. Tile Applicants shall comply with the following additional wildfire mitigation standards for any new construction; Prqjectious: 1. Prqjections at tle roofline (which include, but are not limited to: eaves, cornices, soffits and roofs over open decks) shall be sheatbed with materials approved for one-hour fire-resistive construction. 2. For projections below the roof line (including, but not limited to: exterior balconies, decks, porcbes, cantilevered floor projecfioas, and bay windows which exteud over a fiat or sloped surface) tbe open space between grade and the underside of projections below tbe roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for oue-hour fire- resistive constructiou on the exterior side of the wall and shall extend fi'om the top of grade to the underside o)tbe floor decking or walls of the projection, OR 3. Any porch or deck or projection sball be void of vegetation below it, mid areas below such projectious shall be'protected from accumulation of vegetation materials by placement ora vegetation barrier covered with rocks or gravel, or by coverage witb concrete or stone. Walls underaeatb projectJoas sball be constructed with materials approved for one-hour fire-resistive construction on the exterior of the side of the wall. Pillars or columng shall be of non-flammable materials, or if wood, made out of heavy log construction and treated with a fire retardant. The underside of any porch, deck or projection shall be sbeatbed in l -bout fire resistive materials, or with fire-retarded. 4. An alternative for a deck or porch is use of non-flammable bardscaping that is at least I 0 feet wide. Some planters can be in tbis area, but cannot contain trees. Windows and doors shall be tempered glass. Doors shall be non-combustible, or 1 M solid wood, aud any glass on doors shall be tempered. Sidiug and exterior wall constructiou shall have a miuimum one-hour fire-resistive rating, ground level to rooflme. Foundations, skirting and crawl space opeuings shall be fully enclosed and coustmcted with materials approved for one-bout fire-resistive construct/on on the exterior side of the walls and shall extend from the top of grade to the underside of the floor deckiug or walls. Firewood shall be kept stacked and 15 feet away. BOCC Resolution No. Page 3 -2005 F. Any new roof shall be constructed with a non-combustible roof covering on a Class A ioof assembly (see IBC 1505.2). G. Minimum roof pitch will be 3:12 on any new roofs. H. Vents shall be screened with corrosive resistant wire mesh with mesh ~A inch maximum. 1. 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 parallel contour a minimum of 15 feet away from any structure. L. Weeds and grasses within the I O-foot perimeter shall be maintained to a height not more than 6 inches. M. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. N. Swimming pools shall be accessible to Fire Department vehicles. O. Fences shall be kept clear of brush and debris. p. Wood fences shall not conoect to the structure. Q: Any outbuildings or additional structure~ shall adhere to the same standards as structures. R. Fuel tanks shall be installed underground with an approved container. S. Propane tanks shall be iustalled according to NFPA 48 staodards and on a contour away from the structure with staodard defensible space vegetation mitigation around m~y above- ground tank. Any wood enclosure around the tank shall be constructed with materials approved for 2 hour fire-resistive construction on the exterior side of the walls. T. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. U. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. New utility lines shall be buried. No development, including grading, excavation, fill placement, berming, landscaping, entry or raoch gates, and vegetation removal or disturbance shall occur outside of the approved building [and/or] development envelope except for access and wildfire mitigation. Construction, staging, parking, utility and driveway extension and maintenance shall occur within approved building envelope, or access driveway. Prior to submission of any new building permits for new development, the Applicants shall submit a mitigation report from all engineer or geologist licensed in the State of Colorado. The report shall demonstrate that the site can be engineered in such a way that there is no hazard posed, and shall show the area of disturbed slopes, any re-grading required and the size and location of all mitigation devices. Any new development shall be conditioned upon compliance with the report. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level of black bear activity in this area. The Applicaat shall comply with the 2001 Wildlife Protectloa Ordinance No. 010-2001 for waste storage. Compliance with the condition shall be verified by the Pitkin County Wildlife Biologist prior to issuance of a certificate of occupancy. Pursuaot to Ordinance No. 022-2000, the Applicants are subject to the Fair Share Requirements and shall pay a road impact fee. BOCC Resolution No. __-2005 Page 4 10. Prior to commencement of any ea~thlnoviag or construction activity, the Applicants shall stake tile comers of the boilding envelope and install construction fencing around the perimeter of the boilding envelope. The feocing shall remain ill place uotil issuance of Cerfificate of Occupancy. No vegetation shall be damaged or removed outside the building envelope. 11. A Drainage and Erosion Control Plan shall be submitted by tile Applicants and approved by the County Eogineer prior to building permit submission. 12. Any areas disturbed outside the buildiog envelope must be revegetated with native vegetation according to a revegetation plan submitted by the Applicants and approved by the County prior to issuance of a Certificate of Occupancy. 13. Statutory vested rights for the approval contained herein are granted porsoant to the Pitkin Couoty Land Use Code and Colorado Statutes, subject to the exceptions set forth iu Pitkin County Land Use Code, {} 4-I40 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on Janoary 12, 2008. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 19a} day of September, 2004. APPROVED ON THE 12TH DAY OF JANUARY 2005. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly oll the __ day of ,2005. - ATTEST: BOARD OF COUNTY cOMMISSIONERS OF P1TKIN COUNTY, COLORADO Jeanette Jones Deputy County Clerk APPROVED AS TO FORM: John Ely, County Attorney Patti Kay-CNpper, Chair Date: APPROVED AS TO CONTENT: C~ndy Houben,- Community Development Director P125-04 PID# 273501404005