HomeMy WebLinkAboutbocc.res.045.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITI(IN COUNTY,
COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE
TIMROTH PARCEL C; AND APPROVING AN EXTENSION OF VESTED REAL PROPERTY
RIGHTS
Resolution No. Otpf-2005
RECITALS
Albert G. Timroth Revocable Trust and the Donna M. Timroth Revocable Trust ("Applicant") applied
to the Pitkin County Hearing Officer ("Hearing Officer") for a new 1041 Hazard Review and
Conceptual Submission approval to establish a building envelope to construct a single-family residence
and accessory structures. The proposed envelope is the same as was approved in 2001. In addition, the
Applicant has requested a 15 year Extension of Vested Real Property Rights pursuant to Section 4-
140-30 of the Land Use Code ("Code").
Tile parcel is located above the Silverlode/Williams Ranch Subdivision on Lower Smuggler Mountain
at the top of Spruce Street; is referred to as the northerly portion of the Pride of Aspen mining claim;
and is more specifically described in Exhibit A.
The parcel contains 1.179 acres and is a non-conforming size parcel in the AFR- 10 zone district.
Tile Board of County Commissioners ("BOCC") recognized in the 1990 "Declaration of Restrictions"
(recorded in Book 615 at Page 219) that the northerly portion of the Pride of Aspen (the subject parcel)
was a separately developable parcel, "subject however to all of the provisions of the Pitkin County Land
Use Code, including, but not limited to, the Building Permit Review and General Submission
requiremeuts.'
The Applicant originally submitted a 1041 hazard review and conceptual submission application in
2001; the Hearing Officer denied the application, pursuant to Determination No. 27-2001. The BOCC
found the denial to be a taking, and remediated the taking pursuant to Resolution No. 117-2001.
Condition #15 of Resolution No. 117-2001 stated, "This approval and takings remediation shall be valid
for three years from this date [July 11, 2001] and thereafter any development on the property must
comply with these conditions and any subsequent changes to the County Land Use Regulations." The
1041 site plan was recorded in Plat Book 58 at Page 75. The Hearing Officer subsequently granted
scenic overlay approval for the driveway pursuant to Determination No. 15-2004, and the driveway was
permitted and constructed in the summer of 2004.
The Hearing Officer denied the application at a duly noticed public hearing on February 15-2005,
pursuant to Determination No. 02-2005. The Hearing Officer found that the entire parcel is encumbered
by slopes in excess of 30%, with the majority of the area comprised of slopes in excess of 45%.
Therefore, the proposed building envelope is located in areas where development is prohibited pursuant
to Section 3-80-050(C) of the Land Use Code ("Code").
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The BOCC considered the takiugs request at regular meetings on February 23, 2005, at which time
further evideuce and testimony were presented with respect to the taking.
The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and "''~"'~
5-220 of the Land Use Code to determine whether the Hearing Officer's denial of the application
constitutes a taking of private property without jast compensation. ~ ~
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9. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code,
based on the following findings:
A. There are not any areas on the property that are not encumbered by slopes in excess of 30%;
B. The majority of the lot is encumbered by slopes in excess of 45%;
C. The proposed building envelope is the best possible location on the property for development;
and
D. The denial constitutes a taking of all reasonable use and economic return from the subject
property.
10. Tile BOCC considered tile remediation at a regular meeting on April 13, 2005, at which time the
conditions of approval were accepted.
1 I. The BOCC further finds that a 7 year extension of vested rights is ~ppropriate, given the Applicant's
commitment to limit house size.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Timroth Parcel
C 1041 Hazard Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and
4-150 of the Pitkin County Land Use Code.
BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by
granting approval, subject to the following conditions, which shall run with the land and be binding on all
successors in interest:
The Applicant shall adhere to all material representations made ill the application or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
Prior to sabmission of any earthmoving, access, or building permit applications, the Applicant shall
submit a 1041 Hazard Review Site Plan that complies with the provisions of Section 5-70-040 of the
Land Use Code to the Community Development Department for approval and recording. The mylar
copy of the site plan must be signed by the owner prior to submittal for recording.
Prior to submission of any building permit applications, the Applicant shall submit an application and
gain approval for a Scenic Overlay Review, pursuant to Section 3-60-040 of the Land Use Code, once
plans for the proposed residence have been prepared. The application shall include a detailed
landscaping plan. The Applicant shall erect story poles to represent the height of the proposed
residence, prior to the hearing date for the scenic overlay review.
4. Prior to issuance of any building permit applications, the Applicant shall:
A. Provide documentation to the Environmental Health Department of an adequate quantity and
quality of water from the approved well. The well shall he located within the approved building
envelopes. As an alternative, the applicant may obtain water from the City of Aspen.
B. Pay the applicable road impact fee.
C. Name the owners of the properties below the building envelope (identified by Parcel
Identification Numbers 2737~074-00-045, 2737-074-30-006, 2737-074-30-007 and 2737-074-30-
008) as additional insured on their policy covering construction activity in the amount of the
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value of the improvement on each property, if deemed necessary by Community Development
staff and the County Attoruey, given the findings of the engineer or geologist with regard to the
potential oft-site impacts during construction.
D. Execute an indemnification of the County in a form approved by the County Attorney.
E. Submit documentation to the Environmental Health Department that the Aspen Consolidated
Sanitation District (ACSD) can serve the property. The Applicant shall comply with ACSD
rules, regulations, and specifications.
F. Provide a plan prepared and signed by a Professional Engineer or geologist to address mitigation of
the geologic hazards on and off-site during and post-construction, for review and approval by the
County Engineer, Chief Building Official and Community Development Department. The plan
shall specifically include an analysis of potential off-site hazards created by construction and
reasonable ~nitigation for those hazards.
G. Obtain an access/driveway permit tbr the driveway, which shall comply with all applicable County
access standards and shall be approved by the County Engineer, Fire Marshal and the Community
Development Department. Obtain fimplace/Lvoodstove permits from the Community Development
Department, if necessary.
H. Submit a drainage and erosion control plan for review and approval by the County Engineer. The
plan shall address ail construction activities and shall provide for erosion control for a minimum
of two years after the issuance ora Certificate of Occupancy, which shall include details on the
types of erosion control and the maintenance of those systems, and a detailed revegetation and
planting plan.
1. Submit a Construction Management Plan in accordance to the Asset Management Plan for
review and approval by the County Engineer. The Construction Management Plan shall indicate
that vehicles associated with construction (i.e. employee traffic, construction vehicles, staging
and deliveries) shall not violate County Law, such as parking on County rights-of-way.
5. If tile Applicaat proposes to nse City water to serve tile residence, then prior to issuance of a bailding
permit for the residence, the Applicant shall:
A. Provide written confirmation to the Community Development Department and the City of Aspen
Water Department from the North Spruce Street Homeowners'Association and the Silverlode
Homeowners' Association that the water system infrastructure and pump station can
accommodate the increased capacity required to serve the residence; and then
B. Sublnit an application to the City ofAspen to amend the 1997 water service agreement forNorth
Spruce Street.
6. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Fencing outside of the building envelope shall comply with the wildlife compatible fencing
standards in the Land Use Code.
B. Dogs shall be kenneled. __~_
C. Native vegetation shall be maintained outside of the building envelopes, except as necessary for the ~ ~-
utility extension. Safety fencing shall be erected during construction to prevent inadvertent impacts
to native vegetation. ~ =
D. Install and use bear proof trash containers, as required by BOCC Ordinance No. 010-2001.
The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
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A. Within 20' of the residence, remove all brush (oak, serviceberry, chokecherry, sagebrush, etc.).
B. Beyond 20' and within 45' ofthe residence, oak brush shall be thinned to 5x the height of the
remaining plants, and remaining plants shall be limbed up to 10'. All sprouts and understory shrubs
shall be removed.
C. Beyond 45' and within 65' of the residence, bushes and shrubs shall be thinned to 3x the height of
the remaining plants.
D. A minimum of 10' spacing shall exist between tree crowns, except for aspen or cottonwood trees
where ladder fuels have been removed.
E. All other vegetation within 30' of the residence shall be kept to less than I' in height, with a few
scattered shrubs allowed beyond 25' from the residence.
F. All branches from trees and brush within 30' of the residence shall be pruned to a height of I0'
above the ground with removal of ladder fuels from around trees and brush.
G. All deadfall within 70 feet of the residence shall be removed.
H. Remaining oak brush, serviceberry or chokecherry stumps shall be painted with Garlon herbicide to
prevent resprouting.
1. Installed or native landscaping within 20' of the residence shall not contain any brushy or
coniferous species and shall be irrigated. Aspen trees may be planted, but not within 10' of the
residence and shall be limbed to 10'. No trees shall be planted within 15' of any window.
J. Shrubs shall be thinned to 3x the height of the remaining plants within 25' on both sides of the
driveway. Within 10' of the driveway, shrubs and conifers are not allowed and aspen are allowed.
K. The Applicant shalI be responsible for the continued maintenance of the defensible space vegetation
requirements.
L. These standards may be varied by staff in consultation with a wildfire expert when a landscape plan
is submitted for review.
8. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall be constructed with a non-combustible roof covering on a Class A roof assembly as
defined in the lnteruational Building Code (IBC) Section 1505.2. Non-combustible materials
shall be one of the following: cement shingles or sheets; exposed concrete slab roof; ferrous or
copper shingles or sheets; slate shingles; clay or concrete roofing tile; or an approved roof
covering of non-combustible material. Wood shake/shingle roof coverings are prohibited. Roofs
with less than a 3:12 pitch are not permitted unless they comply with the following:
a) AIl roof coverings shall be noncombustible 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
the roof.
c) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions
above the roofline, such as parapets, shall be prohibited.
d) Roofs shall be installed as required bythe adopted building code and shall have a
minimum slope of 1:48.
e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal ora building permit application.
B. Vents shall be screened with corrosive resistant wire mesh with mesh ~¼ inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable debris.
E. All flmnmable materials and firewood/wood piles shall be stored on a parallel contour a minimum
of 15 feet away from any structure.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
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G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
I. Fuel tanks shall be installed underground with an approved container.
J. 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 2 hour fire-
resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC tim extinguisher placed in a
visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
M. Utility lines shall be buried.
(2).
The Applicant shall submit a lighting plan specifying the location, type and number of exterior fixtures
and demonstrating compliance with the County's lighting regulations, for review and approval by the
Commulfity Development Depmtment, prior to installation of exterior lighting fixtures.
10. No development, including grading, excavation, fill placement, berming, landscaping, vegetation
removal or disturbance, shall occur outside of the approved building envelope. Exceptions to this
prohibition include utility extensions within a designated utility easement, required wildfire
mitigation, and plantings found to be aecessary to mitigate geologic hazards, subject to a landscape
plan reviewed and approved by the Community Development Department.
I 1. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the project's completion.
12. The Applicant shall use exterior materials that "blend in" with the surroundiog natural landscape. Non-
reflective exterior, roof aod window materials shall be utilized.
13. The Applicant shall cmnply with the codes and requirements of the Aspen Fire Protection District.
14. The total allowable floor area shall be limited to a maximum of 5,750 square feet of floor area, as
measured pursuant to the definition of"Floor Area" in effect at the time of building permit submittal.
The Applicaot shall oat be eligible to obtain additional floor area in excess of 5,750 square feet.
15. The Applicant shall comply with the followiog measures to mitigate geologic hazards:
A. Site specific soils testing shall be conducted prior to foundation design to ensure stability.
B. Excavations, including foundations, shall be adequately supported with or designed as retaining
wails, with appropriate drainage on the upslope side.
C. Cuts, fills and other excavatioos shall be minimized, steepening of existing slopes shall be avoided,
and all disturbed areas not covered by construction shall be graded so that they can be revegetated.
D. Final grading and landscaping shall prevent rolling rocks from striking the structure.
E. Tbe first three feet of the structure that extends above grade shall be reinforced and openings in this
interval shall be limited.
F. Adequate ~nechanical support shall be provided for cut slopes.
G. Adding water, which may decrease slope stability, shall be avoided.
H. Adding weight to the top of the slope shall be avoided.
1. Confine, cut, fills, grading and excavation to the minimum area needed for construction.
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16. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property.
17. 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, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
April 13,2012.
NOTICE OF PUBLIC HEARING FOR THE VESTED RIGHTS EXTENSION PUBLISHED IN
THE ASPEN TIMES on the 13~h day of March, 2005.
APPROVED AND ADOPTED on the 13th day of April, 2005.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS ia the Aspen
Times Weekly on the/:~l'day of~.~a~, 2005.
APPI
Jones, Clerk to
',OVED AS TO Cfi
eBOCC
XlTENT:
BOARD OF COUNTY COMMISSIONERS,
PITK1N COUNTY, COLORADO
Patti-Kay-~lapp~r, Ch~air
APPROVED AS TO FORM:
C il~d'3~ ~'~ou ben -
Community Development Director
'E~olJ-nt y Attorney
P216-04
P1D #273707400002
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!
i
.zSAM
PrT IN COIII TY TITLE
EXHIBIT "A"
LEGAL DESCRIPTION
A b'act of land 'iocated in the No,'theast % and the Southeast % of Section 7. Township 1~ South, Range I]4 We~t of the 6th
Principal Me~'idian, being a portion of the Pride of Aspen Lode Mining Ctaim U,S.M.S. No. 7883 and the Bat~arat Lc~e
Mining Claim U S.M.S. No. 4438 described as follows:
Beginning at · poln: from which the Center East 1116 Comer of teclJon 7, Township 10 ~outh, Range 84 West of the 6th
Principal Meridian bears N 01°32'48" E 5,47 feet:
thence N 75"41'10" E 49.08 feet (record N ?~;'35' E 4D.63 feet);
thence N 75'37'15" E 140.73 tee[;
thence S 00°17'31" W 217,49 feet:
thence S 00'21'42" W 2569 feet (record $ 00°05' W 25.74 feet);
thence $ 56'19'40" W 219.53 feet [record 56'08,.3' W 219.78 feet);
thence N 00'00'56" E 317.80 feet (record N 00°01.9' W 311.85 feet) to the point of beglr ning.
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