HomeMy WebLinkAboutho.deter.02.2006
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DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE HEIRLOOM
PROPERTIES COLORADO 1041 HAZARD REVIEW & GMQS EXEMPTION
])etermination NJJ'&-2006
RECITALS
I. Heirloom Properties Colorado LLC ("Applicant") has applied to tbe Pitkin County Hearing
Officer ("Hearing Officer") for 1041 hazard review approval of a building envelope within which to replace
an existing single family residence, and growth management exemption for a replacement unit. The
proposed building envelope encompasses the existing residence, driveway, septic system, well, and other
improvements and the accessory envelope will accommodate a water tank for fire fighting.
2. The parcel is located at 0249 Conundrum Road, and is more specifically described in Exhibit A.
3. The parcel contains 1.3 acres, and is a nonconforming size parcel)n the AFR-I0 zone district.
4. The existing residence was constructed in 1967. The BOCC approved a subdivision exemption in
1978 that reconfigured three existing parcels into two and changed the boundaries of the parcels to the
centerline of the road; the plat was recorded in Plat Book 7 at Page 19.
5. The Hearing Officer considered this application at a duly noticed public hearing on January 17,2006.
at which time evidence and testimony was presented witb respect to the application.
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6. The Hearing Officer finds that the proposed building envelope avoids the 100 year floodplain and
riparian areas, and.is located on slopes of less than 15%, and that the wildfire hazard is rated as low and
can be mitigated.
NOW THEREFORE BE IT RESOLVED by tbe Pitkin C0U11ty Community Development
Hearing Officer that he does hereby approve the Heirloom Properties Colorado LLC 1041 Hazard Review
and GMQS Exemption, subject to the following conditions, which shall rU1l witb the land and be binding on
all sllccessors in interest:
I. TIle Applicant shall adhere to all material representations made in the applications or in public meetings
or hearings and shall consider those representations to be conditions of approval, unless amended by
other conditions.
2. Prior to submission of any earthmoving, access. or building permit applications, tile 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 owner prior to submittal for recording.
The site plan shall be amended to reduce tbe size of the accessory envelope and to add at! access
envelope and a utility corridor from tbe accessory envdope to the building envelope, as shown on
ExhibitB.
3. Prior to issuance of any building permits for the replacement residence, the Applicant shall:
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A. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary. .
B. Obtain a County access/driveway permit to improve or relocate the driveway, if applicable.
C. Submit a drainage and erosion control plan for review and approval by the COU1lty Engineer.
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Resolution No.02J.-2006
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D. 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.
E. Pay the applicable road and employee housing impact fees.
F. Obtain approval of a septic permit from the Environmental Health Department. The septic system
shall be located entirely within the approved building envelope, and must comply with the setback
requirements from surface and groundwater sources.
G. Submit a plan for review and approval by the Aspen Fire Marshal tq demonstrate that the project
meets all of the codes and requirements of the Fire District, including provision of adequate
access and a turnaround area and installation of an approved fire sprinkler system and 20,000
gallon water supply for fire fighting. The water tank supply may be shared with neighbors within
1,000', if approved by the Fire District.
4. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the building envelope and install construction fencing around the perimeter ofthe building
envelope. Silt fencing shall be installed along the eastern boundaries of the building and accessory
envelopes adjacent to the riparian areas and the creek. The fencing shall remain in place until a
Certificate of Occupancy is issued for the residence.
5. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A.
B.
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C.
D.
E.
F.
G.
Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimwn
of a 30 foot perimeter around all structures.
Spacing between clumps of brush and vegetation within the 30 foot perimeter 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.
All branches from trees and bmsh within the 30 foot perimeter shall be pruned to a height of 10 feet
above the ground and ladder fuels from around trees and brush shall be removed.
Tree crown separation within the 30 foot perimeter shall have a miriimum of 1 0 feet between the
edges of the crowns.
All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the
chinmeys shall be removed.
Low vegetation (less than 6 inches in height) shall he maintained within a 10 foot perimeter around
all structures.
The Applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
6. The Applicant shall comply with the following additional wildfire mitigation standards:
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A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined in the
International Building Code (lBC) Section 1505.2. Wood shake/shingle roof coverings are
prohibited. Roofs with less than a 3: 12 pitch are not permitted unless they comply with the
following:
I) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly.
2) All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof.
3) All roof designs shall facilitate the natural process of clearing roof. debris. Protmsions 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.
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Resolution No.()'J;:.2006
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A. Vents shall be screened with corrosive resistant wire mesh with mesh 'I.t inch maximum.
B. Roofs and gutters shall be kept clear of debris.
C. Yards shall be kept clear of all litter, slash, and flammable debris.
D. All flammable materials and firewood/wood piles shall be stored on a parallel contour a minimum of
] 5 feet away from any structure.
E. Weeds and grasses within a 10 foot perimeter of all structures shall be maintained to a height of
not more than 6 inches.
F. Swimming pools or ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
r. Fuel tanks shall be installed underground with an approved container.
J. 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 mate,ials approved for 2 hour fire-
resistive construction on the exterior side ofthe walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire 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. New utility lines shall be buried within the driveway.
7. The Applicant shall comply with the following to mitigate ecological impacts:
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A. Install and use approved bear-proof trash containers.
B. Maintain native vegetation outside of the building envelope. If any native riparian vegetation is
impacted by construction (in particular the utility corridor and the access envelope), the Applicant
shall mitigate at a I: I ratio immediately adjacent to or as close as possible to the impacted area
according to a revegetation and mitigation plan prepared by the Applicant and approved by the
County.
C. Surface and ground water flows shall not be diverted away from existing wetlands.
8. 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 accessory envelopes.
9. All areas disturbed by construction shall be revegetated to limit water cQnsumption and additional
runoff within one growing season after completion of construction.
10. Failure to comply with these conditions of approval may result in revocation Oftllis permit or any
subsequent permits related to this property or vested rights associated-with tllis property.
II. 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. g4-140 and C.R.S., g24-68-105. The statuto')' vested rights granted herein shall expire on
January 17,2009.
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J_ANICE K-"O~-"~I)ILL~ITKIN COUNTY CO_ R-". 0QJ~ _ [) 0.00 . .
Resolution No.Cil;}006
Page 4
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NOTICE OF PUBLIC HEARING PUBLISHED in The Asoen Times Weekly on the] 1 th day of
December, 2005.
APPROVED AND ADOPTED on the 17'h day of January, 2006.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the
Asoen Times Weeklv on the III day of funJu'/;j3006.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
ATTEST:
~yJ2.-~
J~ R. True, Hearing Officer
Date I ( f 7/ eX::>
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Bonnie Waechtler, Administrative Assistant
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APPROVED AS TO FORM:
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John Ely, ~.~ .
County Attorney
APPROVED AS TO CONTENT:
~~n,""(~\.kl ~vc.\-
Ci d Houben, .
Community Development Director
Case #P204-0S
pm #291102100010
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C'OlT.Nl'Y OF PI2'KIN
STATE OF Co.LQBAbO
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