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HomeMy WebLinkAboutho.deter.18.2006 11111111111I1111111111 ~~;~~~~~; 1:19 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ANDREWS 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Determination No.}b2006 RECITALS 1. CH Major Carl M & Kevin Brian Andrews ("Applicants") have applied to the Pitkin County Hearing Officer ("Hearing Officer") for Scenic and 1041 Ha2ard Review approval to establish a building envelope. 2. The parcel is located along Highway 133, and more specifically described as Exhibit A. 3. The property is zoned RS-30 PUD and contains approximately 36 acres. 4. The Hearing Officer considered this application at a duly noticed public hearing on April 18, 2006, at which time evidence and testimony were presented with respect to this application. 5. The Hearing Officer finds that the proposal is in complianee with the applicable Standards of the Pitkin County Land Use Code. THE DIRECTOR DOES HEREBY APPROVE the Andrews 1041 Hazard Review and Conceptual Submission, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. Prior to submission of any building permit applications for new development, the Applicants shall submit a 1041 Ha2ard Review Site Plan to the Community Development Department for approval and recording. The mylar copy ofthe site plan must be signed by the owner prior to submittal for recording. 2. The Applicants shall adhere to all material representations made in the application and shall consider those representations to be conditions of approval, unless amended by other conditions. 3. Prior to issuance of any building permits for the new residence, the Applicants shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County. access/driveway permit. C. Submit a drainage and erosion control plan for review and approval by the County lOngineer. 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 housing impact fees. 4. The Applicants shall comply with the following to mitigate impacts on wildlife: A. Dogs shall be leashed or kenneled. B. Fencing outside of the building envelope shall comply with the wildlife fencing standards in the Land Use Code. C. Install and use an approved bear-proof trash container as required by the County. D. Maintain native vegetation outside of the building envelope. .A_.....- Hearing Officer Determination No. S--2006 JANICE K VOS CAUDILL PITKIN COUNTY CD Page 2 E. Avoid fruit-bearing trees and shrubs in any landscaping. 523463 Page: 2 of 5 04/28/2006 11: 19 R 0.00 D 0.00 5. The Applicants shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 30 foot perimeter around all structures. B. 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. C. All branches from trees and brush 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. D. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. E. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shall be removed. F. Low vegetation (less than 6 inches in height) shall be maintained within a 10 foot perimeter around all structures. G. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. 6. The Applicants 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 as defined in the International Building Code (IBe) 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. 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 Y. 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. 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. 1. 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 ~~--~~ . -~ . ~ Hearing Officer Determination No. 15--2006 Page 3 523463 Page: 3 of E D 0.00 wood enclosure around the tank shall be constructed with materials 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. No development, including grading, excavation, fill placement, berming, landscaping, vegetation removal or disturbance or septic system shall occur outside of the approved building, wastewater or access/landscaping envelopes, with the exception of required wildfire mitigation. 8. Prior to -commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the building and other envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place for the duration of the construction. 9. The Applicants shall comply with all codes and requirements of the Carbondale and Rural Fire Protection District. A sprinkler system shall be installed in all residential structures if required by the District. 10. All areas disturbed by construction shall be revegetated within one growing season of the project's completion. 11. The exterior of the residence shall be finished in natural colors and materials that blend with the surroundings of the immediate vicinity. Roofmaterials shall be non-reflective. Color and material samples shall be provided to Community Development for approval prior to issuance of building permits. 12. Floor area shall be limited to 5,750 square feet exempt from growth management or use ofTDRs. 13. The Applicants shall provide a copy of the approved CDOT State Highway Access Permit at time of submittal for a Building Permit or County Access Permit. 14. 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 '1- J.A , 2009. -=- -.- Hearing Officer Determination No. J.B.2006 Page 4 11111111111I111I 111111 ::~;~~~~!; 1: 19 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 0.00 D 0.00 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 12th day of March, 2006. APPROVED ON THE 18TH DAY OF APRIL 2006. PUBLISHED AFTER ADOPT~~ FRR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the 3D day oft:tpci1.-, 2006. ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORADO ~J110 l~l~ ounie Waechtler, Administrative Assistant APPROVED AS TO FORM: ~. A1m True, /"' Hearing Officer Date: .(.J 2-.L/ 0 (p ( { APPROVED AS TO CONTENT: J-~ ~ " ;ArAW{ Cu belt- CirMy Houben, Community Development Director Case #P255-05 264916300004 ~ -"--~_." ---, - IMI!,ffllj~il~~m,'J'~IW.. ~~~J;~.:,'" -------- LEGAL DESCRIPTION A PARCEL OF LAND BEING ALL THAT PART OF THE NEI/4SWI/4 OF SECTION 16. TOWNSHIP 9 SOUTH. RANGE 88 WEST OF THE 6th PRINCIPAL MERIDIAN. PITKIN COUNTY. COLORADO. LYING WESTERLY OF AND ADJACENT TO THE WESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 133. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE WHENCE A BRASS CAP FOUND IN PLACE AND PROPERLY MARKED FOR THE CENTER CORNER OF SAID SECTION 16 BEARS S 89'57'00"E 57.30 FEET: THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE ON THE FOllOWING FIVE (51 COURSES: S 1I'29'00"W 491.43 FEET: THENCE S 09'28'OO'W 306.10 FEET: THENCE 189.33 FEET ALONG THE ARC OF A 1492.50 FOOT RADIUS CURVE TO THE LEFT. THE CHORD OF WHICH BEARS S 01'51 'OO"W 189.20 FEET: THENCE S 05'46'00"E 306.10 FEET: THENCE S 07'47'00"E 41.90 FEET: THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE ON A COURSE BEARING S 89'58'30"W FOR 1174.38 FEET: THENCE N 00'03'00"E 1320.33 FEET: THENCE S 89'57'00"E 1291.09 FEET TO HE POINT OF BEGINNING. CONTAINING 35.98 ACRES MORE OR LESS. DISCLAIMER 1041 ENVIRONMENTAL HAZARD AREAS EXIST THAT MIGHT AFFECT THE PROPERTY. IMPROVEMENTS. AND THE USE AND OCCUPANCY THEREOF. WAIVER THE PROVIS.IONS OF THESE REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY AREAS OUT.SIDE OF DESIGNATED HAZARD AREAS Will BE FREE FROM HAZARDS. 0 THAT APPRUVEDMITIGATION MEASURES Will GUARANTEE THE SAFETY OF ANY PROPERTY " I OWNER : KENNETH IAN ANDREWS OWNER ","" ';";';"?f~,.;,;;,~+;;::,g~~,;~:(h' , ' OWNER: L . . " ~!,R '. M.;.~~D~:~~_:~~~!~I';~~~.~\!~;)f\; " i::.c.;..,~,-,;.,--,-,c;,.~__,,-_..:~_";';':J;;;::.:~"'\'. __ ~_'" ". '_'. ." . KEV I~. B..R! A~AND.R[WS