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HomeMy WebLinkAboutbocc.res.111.2005RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE MOUNTAIN VALLEY CABIN LLC 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SCENIC OVERLAY REVIEW AND EXPANSION OF A NON-CONFORMING STRUCTURE 'Resolution No./'1[ -2005 RECITALS 1. Mountain Valley Cabin LLC ("Applicant") has applied to the Board of County Commissioners of Pitkin County, Colorado ("BOCC") for approval of a building envelope within which to replace an existing cabin. The cabin is a non-conforming structure, as it is located within the 100 foot highway setback and the 100 foot front yard setback. The Applicant proposes to replace the cabin in essentially the same location as the existing cabin, with a cabin of approximately 926 square feet of floor area. 2. The Mountain Valley Cabin LLC parcel consists of two separately described metes and bounds parcels that are merged and contain two legally created dwelling units - a small cabin and a single family residence. 3. The cabin is located at 44530 State Highway 82 and the residence is located at 44280 State Highway 82, and the property is more specifically described in Exhibit A. 4. The parcel is zoned AFR- 10 and contains approximately 43.6 acres. 5. The cabin was constructed in the 1940s. The County did not require building permits in this area until 1955, therefore, the cabin is considered to have been legally created. 6. The BOCC heard this application at a duly noticed public hearing on July 27, 2005, at which time evidence and testimony was presented with respect to the application. 7. The BOCC finds that the proposed building and development envelopes avoid the 100 year floodplain, wetland and riparian areas, and are located on slopes of less than 15%, and that the wildfire hazard is rated as low and can be mitigated. 8. The BOCC further finds that the proposed development complies with the scenic overlay review criteria in the Code and the standards for expansion of a non-conforming structure. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the replacement of the cabin on the Mountain Valley Cabin LLC parcel, subject to the following conditions, which shall mn with the land and be binding on all successors in interest: The Applicant shall adhere to all material representations made in the application or in public meetings or hearings and shall consider those representations to be conditions of approval, unless mended by other conditions. Prior to submission of a building permit application, the Applicant shall submit a 1041 Hazard Review Site Plan to the Community Development Department for approval and recording. The mylar copy of the site plan must be signed by the owners prior to submittal for recording. The site plan shall be amended to eliminate the portion of the development envelope that encroaches into the required 20' setback from the high water mark of the Roaring Fork River. Resolution No. ]II -2005 Page 2 Prior to submission of a septic permit for the new cabin, the Applicant shall provide documentation of an adequate domestic water supply on the property. Quantity and quality of said supply shall meet the approval of the Environmental Health Department. 4. Prior to issuance of any building permits for the replacement cabin, the Applicant shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Submit a drainage and erosion control plan for review and approval by the County Engineer. C. Submit a construction management plan for review and approval by the County Engineer showing the locations of staging, material storage and employee and construction traffic parking. No parking or other construction related activity may occur within the right-of- way. D. Pay the applicable road and employee housing impact fees. E. Obtain approval of a septic permit from the Environmental Health Department. The septic system shall be located within the approved building or development envelopes, and must comply with the setback requirements from surface and groundwater sources. A qualified professional engineer must design the system. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the comers of the building and development envelopes and install construction fencing around the perimeter of the envelopes. Silt fencing shall be installed along the northern, western and eastern boundaries oftbe development envelope adjacent to any areas disturbed by construction. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. 6. The Applicant shall comply with the following with regard to the driveway crossing of the East of Aspen Trail: A. Driveway traffic must stop for trail users. Applicant shall install "Driveway Crossing" signs along the trail on either side of the driveway, and a "Stop" sign along the driveway by the trail intersection. The Open Space and Trails Land Steward shall review and approval all sign installations. B. The Applicant cannot change the surface, grade or condition of the trail, and is responsible for repairing any damage to the trail. C. The Applicant cannot block the trail or otherwise keep the trail from public use. D. The Applicant cannot change the vegetation along the trail without the approval of the Land Steward. 7. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Within 15' of all structures (or to property boundaries), all upland brush species (oak, serviceberry, chokecherry, sagebrush, etc.) shall be removed and remaining stumps shall be painted with Garlon herbicide to prevent resprouting. Wetland species (willow, birch, alder) may remain. New landscaping within this area shall be limited to low growing perennials, flowerbeds, cut grass and deciduous, well-trimmed and irrigated plants. Installed or native landscaping within this area shall not contain any brushy or coniferous species. B. Within 100' of all structures (or to property boundaries), standing dead, deadfall and the lower dead limbs of mature trees shall be removed. Page: 2 of 0 09/13/2005 02:S0; SILVIA DAVIS PITKIN COUNTY CO R 0.00 O 0.00 Resolution No. /l! -2005 Page 3 C. Within 30' of all structures (or to property boundaries), thin remaining trees and brash into individuals or clusters. Prune all branches from trees and brush to one half the height of the tree or 10' above the ground, whichever is less. Ladder fuels shall be removed fi.om around trees and brush. D. The Apphcant shall be responsible for the continued maintenance of the defensible space vegetation requirements. E. 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 Class A roof covering or a Class A assembly. Wood shake/slfingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) Ali roof coverings shall have a surface that shall radii/rate the natural process of clearing the roof. 3) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted building code and shall have a minimum slope of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshal prior to submittal of a 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 flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of 15 feet away from any structure. F. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of not more than 6 inches. G. Swimming pools or ponds shall be accessible to Fire Department vehicles. H. Fences shall be kept clear of brush and debris. I. Wood fences shall not connect to the structure. J. Fuel tanks shall be installed underground with an approved container. K. Propane tanks shall be installed according to NFP A 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. L. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. M. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. N. New utility lines shall be buffed within the driveway. 9. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Install and use approved bear-proof trash containers. B. Native vegetation shall be maintained outside of the building and development envelopes. C. Fruit-bearing trees and shrubs should be avoided in any landscaping due to the high level 09/13/2005 02:50g SILVIA DAVIS AITKIN COUNTY DO R 0.00 6 0.00 Resolution No. }{{ -2005 Page 4 of black bear activity in this ama. D. Surface and ground water flows intercepted by roads, utility trenches and other development improvements shall not be diverted away from an existing wetland. E. Activities below the seasonal high ground water table, decreases in infiltration and diversions of surface and ground water flows with drainage ditches or fill shall be prohibited outside the building and development envelopes. I 0. The replacement cabin shall be limited to a maximum of I, 140 square feet of floor area and the replacement shed to a maximum of 130 square feet of floor area exempt from growth management. A total of 4,480 square feet of floor area shall be reserved for use to expand the other residence on the property (44280 Highway 82) up to no more than 5,750 square feet exempt from growth management. The residence may only be increased beyond 5,750 square feet through the use of TDRs or a growth management allotment. 11. Exterior lighting shall comply with the regulations of the Land Use Code in effect at the time of installation. Exterior lighting (including driveway lighting) shall be prohibited on the north, east and south facades, except the minimum necessary to comply with health and safety requirements of the building code. 12. No development, including, grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance, entry or ranch gates, well or septic system shall occur outside of the approved building and development envelopes, except if approved by the County as part of a landscape plan. 13. If additional Im~dscaping is proposed, the Applicant shall submit a landscape plan to the Community Development Departmeat for review and approval. 14. All areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 15. The exterior of the residence shall be finished in earth tones, which blend with the colors of the natural surrounding environment. Exterior materials shall be non-reflective. 16. Approval of this expansion of a non-conforming structure allows construction of the new cabin within the highway and front yard setbacks without the need to obtain a variance from the Board of Adjustment. 17. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 18. 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 July 27, 2008. gage: 4 o~r B 0B/13/2005 02:50; BILVIA DAVIS PITKIN COUNTY CO R 0.08 O 0.00 Resolution No./// -2005 Page 5 NOTICE OF PUBLIC HEARING PUBLISHED in The Aspen Times Weekly on the 26~h day of June, 2005. APPROVED AND ADOPTED on the 27th day of July, 2005. PUBLISHED AFTER ADOPTION FOR y~ESTEI~ REAL PROPERTY RIGHTS in the Aspen Times Weekly on the'~~ day ot~f(~,(2005. EST: Clerk Jones the BOCC APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By p~a~O~_C~, ;hair~ Date APPROVED AS TO CONTENT: City ~t~uben,- Community Development DLmctor Case #Pl12-05 PID #273729100003 EXHIBIT A PARCEL A: A parcel of land situated in portions of Lots 1, 2, Section 29, Township 10 South, Range 84 West of the Meridian, more specifically described as follows: 3 and 8, all in Sixth Principal Beginning at the corner of said Lots 4 and 5 on the West line of Lot 3, the True Point of Beginning, thence South 88045'55" East a distance of 1966.87 feet to the Westerly right of way of Colorado State Highway No. 82: thence South 51:58'20" East along said right cf way, a distance cf 148.61 feet, to the East line of said Section 29; thence, leaving said right of way, South 00°01'20. West, along said East line, a distnce of 558.43 feet; thence, leaving said East line, North 89o!1'55,, West a distance of 295.20 feet; thence South 40056'42" West a distance of 414.87; thence North 68~31'26,, West a distance of 1547.41 feet, to the West line of said Lot 3; thence North 00°00'26,! West, along said West line, a distance of 486.40 feet, to the T!-ue Point of Beginning. PARCEL B: A parcel of land, situated in portions of Lots 1, 2, and 8, all in Section 29, and in portions of Lots 23 and 24, all in Section 20, Towr. ship 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado and specifically described as follows: Commencing at the corner of Lots 4 and 5 on the West line of Lot 3, Section 20; thence South 88:45'55" East a distance cf ~06.53 feet to the True Point of Begirn~.ing; thence North 55018'00'' East 1034.96 feet to the Westerly right of way of Colorado State Highway No. 82; thence South 43°08'00. East along said right of way, a distance of 57.49 feet; thence, along said right of way, along a curve to the right with a central angle of 27°09'40'', a radius of 925.00 feet, and a length of 438.50 feet, a distance of 438.50 feet; thence South 15058,20'' East along said right of way, a distance of 350.76 feet to the East line of said Section 29; thence, leaving ~aid right of way, North 88045,55'' West a distance of 1160.34 feet to the True Point of Beginning.