HomeMy WebLinkAboutho.deter.12.2006
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE KATZ 1041 HAZARD
AND SCENIC REVIEW
Determination No.la-2006
RECITALS
I. Bruce Katz ("Applicant") has applied to the Hearing Officer of Pitkin County, Colorado (Hearing
Officer) for Scenic Overlay and 104] Hazard Review approval for a new single-family residence
that will be visible from State Highway 82, pursuant to Sections 3-60-040 and 3-80 of the Pitkin
County Land Use Code (Code).
2. The Lot is located and is specifically described as Lot 14, Red Mountain Ranch Subdivisiou.
3. The Lot is zoned R-30 and contains approximately 33,591 sq. ft.
4. The Hearing Officer considered this application at a duly noticed public hearing on March 14,
2006, at which time evidence and testimony were presented with respect to this application.
5. The Hearing Officer finds thatthe proposal is in compliance with the applicable Standards of the
Pitkin County Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing
Officer that it hereby grants approval to the Katz 1041 Hazard and Scenic Review subject to the following
conditions, which shall run with the land and be binding on all successors in interest
I. The Applicant shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
2. Prior to submittal for any building permits, the Applicant shall record a 24 X 36 inch mylar 1041
Hazard Review Site Plan in accordance with Sections 5-70-040 of the Land Use Code. A building
envelope shall be depicted on the site plan encompassing all existing and proposed development.
Community Development shall approve the site plan prior to recordation.
3. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards as can be accomplished within the boundaries ofthe property:
A. From the edge of any structure, or deck projection, for a distance of 15', vegetation shall be
less than 6" in height, with the exception of if the Applicant desires to maintain or plant one
or more ornamental trees, in which case vegetation shall be less than 6" for 1 5' beyond the
drip line of the expected mature size of the trees. Additionally, the lower branches of any
ofthese trees shall be trimmed to a height of at least 10', or Y2 the height of the tree,
whichever is less.
B. Beyond the 15' area, and up to 30' up the slope, or 60' down the slope from the edge of any
structures or protected trees, the Applicant shall maintain grasses to less than 6", and
cluster brush and trees. Lower limbs of trees and bushes shall be pruned to Yo the height of
the trees, or 10', whichever is less. Clusters oftrees and bushes or shrubs shall be
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Hearing Officer Determination No. ~-2006
Page 2
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separated from each other, and from those beyond the perimeter by a distance of 2 Y, times
the height of the mature vegetation. The diameter of clusters at their crown shall not
exceed 2 Y, times the height of the mature vegetation.
C. All thinned snowberry, serviceberry or chokecherry stumps must be painted with Garlon,
(or equivalent) herbicide to prevent aggressive re-sprouting.
D. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
E. All deadfall within the 1 OO-foot perimeter shall be removed.
F. The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
4. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofing: New roofs shall have a non-combustible roof covering on a class A assembly
roof system. Wood shake/shingle roof coverings are prohibited. Flat roofs (up to a 3: 12)
pitch are prohibited unless they comply with the following:
I. All roof coverings shall be non-combustible Class A materials as defined
in the Uniform Building Code (UBe) 1997 Section 1504 (wood
shake/shingle roof coverings are prohibited) 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.
Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall
have a minimum slope of I :48.
5. All roof designs, coverings or equivalent assemblies shall be specifically
approved by the Fire Marshall prior to submittal of a building permit
application.
B. Foundations, skirting and crawl space openings shall be fully enclosed and
constructed with materials approved for 1 hour fire-resistive construction on the
exterior side of the walls and shall extend from the top of grade to the underside of
the floor decking or walls.
C. Stilt foundations shall be fully enclosed and constructed with materials approved
for I hour fire-resistive construction on the exterior side of the walls and shall
extend from the top of grade to the underside of the floor decking or walls (not
including porches, patios, etc.).
D. Vents shall be screened with corrosive resistant wire mesh with mesh V. inch maximum.
E. Firewood/wood piles shall be. stacked on a parallel contour a minimum of 15 feet away
from the structure.
F. Fences shall be kept clear of brush and debris.
G. Wood fences shall not connect to the structure.
H. Any outbuildings or additional structures shall adhere to the same standards as structures.
I. 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 materials
approved for 2 hour fire-resistive construction on the exterior side of the walls.
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Hearing Officer Determination No.Q-2006
Page 3
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. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
N. Swimming pools shall be accessible to Fire Department vehicles.
O. Any fire department recommendation for individual structure water supply and storage
shall be accessible to fire department vehicles from the exterior of the structure through a
Fire Department approved mechanism (such as a fire hydrant). The amount of storage
capacity shall be determined by the fire protection district.
P. New utility lines shall be buried.
Q. Roofs and gutters shall be kept clear of debris.
5. No development, including grading, excavation, fill placement, benning, landscaping, entry or
ranch gates, and vegetation removal or disturbance shall occur outside of the approved building
[and/or] landscape envelope except for wildfire mitigation. Construction, staging, parking,
utility and driveway extension and maintenance shall occur within approved building envelope,
or landscape envelope.
6. The Applicant shall comply with the Pitkin County Wildlife Protection Codes for Waste Storage.
7. Fruit-bearing trees and shrubs (spring snow crabapple tree, serviceberry, mockorange, currant
and gamble oak) shall be removed from the landscape plan due to the high level of black bear
activity in this area. Round Handled door knobs shall be used for all outside doors.
8. The Applicant shall pay a road and affordable housing impact fees.
9. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners ofthe building envelope and install construction fencing around the perimeter ofthe
building envelope. The fencing shall remain in place until issuance of Certificate of Occupancy.
No vegetation shall be damaged or removed outside the building envelope.
10. A Drainage and Erosion Control Plan shall be submitted by the Applicant and approved by the
County Engineer prior to building permit submission.
11. Any areas disturbed outside the building envelope must be revegetated with native vegetation
according to a revegetation plan submitted by the Applicant and approved by the County prior to
issuance of a Certificate of Occupancy.
12. The exterior ofthe residence shall be finished in the natural earth tones of the immediate vicinity, as
represented in the application. Roof and siding materials shall be non-reflective. Color and
material samples shall be provided to Community Development for approval prior to issuance of
building permits.
13. At time of building permit submittal a landscape plan shall be submitted and approved by
Community Development.
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Hearing Officer Determination No] ~-2006
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14. The Applicant shall comply with the requirements of the Aspen Fire Protection District.
15. The Applicant will be required to obtain a variance for any development in the setbacks. This
approval does not guarantee approval of any variances.
16. 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, 94-140 and C.R.S., 9 24-68-105. The statutory vested rights granted herein shall expire
011 March 14, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 11TH
DAY OF DECEMBER, 2005.
APPROVED AND ADOPTED ON THE 14TH DAY OF MARCH 2006.
PUBLISHED AFTER ADOP~ON FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN
TIMES WEEKLY ON 7fJav /Jlo I !)rlJ..c .
ATTEST;
HEARING OFFICER
OF PITKIN COUNTY. COLORADO
12<rnrLl9 {.(~1~
onme Waechtler,
Admil)istrative Assistant
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lIn True,
Hearing Officer
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APPROVED AS TO FORM:
Date; 3) ,'{J D Co
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APPROVED AS TO CONTENT:
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Cindy Houben,
Community Development Director
/
ase # P23 0-05
273706403018
J~NICE K vas CAUDILL PITKIN COUNTY CO R 0.00
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