HomeMy WebLinkAboutho.deter.28.2006
DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT
DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE POPCORNLAND
LLC 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SCENIC OVERLAY REVIEW,
AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT
Determination No~2006
RECITALS
I. Popcorn land LLC (hereafter "Applicant") has applied to the Pitkin County Hearing Officer
(hereafter "Hearing Officer") for 1041 Hazard Review, Conceptual Submission and Scenic
Overlay approval to establish a building envelope that will encompass a single family residence
and associated accessory development envelopes. In addition, the Applicant requests special
review approval for a caretaker dwelling unit.
2. The property is located east of Aspen near Difficult Campground, and is more specifically
described in Exhibit A.
3. The property is zoned AFR-IO and contains approximately 61,519 square feet.
4. The Hearing Officer originally granted 1041 hazard review, conceptual submission and scenic
overlay approval, pursuant to Determination No. 9-2001. The Hearing Officer then granted a new
1041 hazard review approval and special review approval to utilize one TDR for additional floor area
pursuant to Detennination No. 33-2002; this Determination also approved a lot line adjustment
between the Popcorn land and Black Diamond Land Development Corporation parcel, which
accommodated the new building envelope. The 1041 site plan was recorded in Plat Book 65 at Page
90. The Community Development Director approved two subsequent lot line adjustments between
the Popcorn land and Black Diamond, Benson, Batista Holdings LLC and McFarland Holdings LLC
parcels, pursuant to Administrative Decision Nos. 43-2004 and 14-2005; the lot line adjustment plats
were recorded in Plat Book 70 at Page 74 and Book 72 at Page 30. In addition, the Community
Development Director approved an activity envelope on the Popcornland and Batista parcels for a
water tank, pursuant to Administrative Decision No. 55-2004; the amended site plan was recorded in
Plat Book 70 at Page 41. The Community Development Director approved a minor amendment to
establish an access envelope, an accessory envelope for the septic system and an activity envelope
for a pond and associated streams, pursuant to Administrative Decision No. 01-2006; the amended
1041 site plan was recorded in Plat Book 77 at Page 35. The Board of County Commissioners
granted a growth management allotment of 2,500 square feet of additional floor area, pursuant to
Resolution No. 046-2006.
5. The Hearing Officer heard this application at a public hearing on June 20, 2006, at which time
evidence and testimony were presented with respect to this application.
6. The Hearing Officer finds that the envelopes avoid slopes of greater than 30 percent, are located
in a low to medium wildfire hazard and do not contain sensitive wildlife habitat, and that the
application otherwise complies with the applicable provisions ofthe Land Use Code.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that approval is
hereby granted for the Popcornland LLC 1041 Hazard Review, Conceptual Submission, Scenic Overlay
Review and Special Review for a Caretaker Dwelling Unit, subject to the following conditions, which
shall run with the land and be binding on all successors in interest:
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1. The Applicants shall adhere to all conditions and material representations made in the application
and public meetings except as amended herein.
2. This approval and the conditions herein shall repeal and replace Hearing Officer Determination
No. 33-2002, and its conditions of approval.
3. Prior to submission of any earthmoving, access, or building permit applications, the Applicant shall
submit an amended 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.
4. Prior to submission of a septic permit, the Applicant shall provide documentation of an adequate
domestic water supply on the property to the Environmental Health and Natural Resources
Department. The well shall be located within the approved building or development envelopes.
5. With the building permit application, the Applicant shall submit a precise engineer or geologist
approved mitigation plan for review and approval by the Community Development Department and
the County Engineer to mitigate for potential debris flow. The plan shall show the area of disturbed
slope, any re-grading required and the exact size and location of all mitigation devices.
6. Prior to the issuance of any building permits, the Applicant shall:
A. Obtain approval of a septic permit from the Environmental Health Department. The
sewage disposal system must be designed by a registered professional engineer and shall
be located within the approved building or development envelopes.
B. Obtain fireplace/woodstove permits from the Community Development Department, if
necessary.
C. Submit a drainage and erosion control plan for review and approval by the County
Engineer.
D. Pay the applicable road and employee housing impact fees.
E. Obtain a driveway/access permit from the County Engineer.
7. The Applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. Brush, debris, and non-ornamental vegetation shall be removed within a minimum 10
foot perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity ofthe fuels
a minimum of a 30 foot perimeter around the structure.
C. For a distance of 15 feet around all structures establish and maintain vegetation at 6
inches or less. Woody vegetation shall not be planted in this perimeter and flammable
materials shall not be stored in this perimeter.
D. Beyond the 15 foot perimeter and up to 30 feet from the structure keep grass mowed to a
height of 6 inches or less.
E. For a distance of 100 feet around all structures, all existing conifers shall be thinned.
Spacing between trees that are allowed to remain should be 10 feet measured from the
uppermost branch. The lower limbs of all conifers should be removed up to 10 feet, or
half the total height of the tree, whichever is least.
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F. 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 not
exceed 10 feet. All measurements shall be from the edges ofthe crowns of the fuel.
G. 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.
H. Tree crown separation within the 30 foot perimeter shall have a minimum of 10 feet
between the edges of the crowns.
1. All branches which extend over the roof eaves shall be trimmed and all branches within
15 feet of the chimneys shall be removed.
J. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
K. All deadfall within the 100 foot perimeter shall be removed.
L. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
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/shingle 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) 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 \4 inch maximum.
C. Roofs and gutters shall be kept clear of debris.
D. Yards shall be kept clear of all litter, slash, and flammable deb\is.
E. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more
than 6 inches.
G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
H. Swimming pools shall be accessible to Fire Department vehicles,
1. Fences shall be kept clear ofbrush and debris.
J. Wood fences shall not connect to the structure.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. Fuel tanks shall be instaJled underground with an approved container.
M. 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.
N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
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O. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be
visible and installed on a non-combustible post.
P. Utility lines shall be buried within the driveway.
9. The Applicants shall comply with the following wildlife mitigation conditions:
A. The property shall be restricted to one dog that must be kenneled. Verification of a dog
kennel, run, or other fenced area shall be required prior to issuance of Certificate of
Occupancy.
B. The Applicants shall comply with the County's Wildlife Protection Ordinance for waste
storage. The Applicant shall provide verification of compliance with this condition prior
to issuance of Certificate of Occupancy.
C. Native vegetation must be maintained outside the building and development envelopes as
long as it complies with the wildfire mitigation stated above.
D. Any landscaping should not include any nut, beny, or fruit producing tree or shrub in
order to minimize an attractant to bears.
E. Disturbed areas shall be revegetated with native vegetation.
F. The Applicant shall implement a weed management program to be approved by the
Pitkin County Land Manager prior to issuance of a Certificate of Occupancy.
10. No development, including grading, excavation, fill placement, berming, landscaping, entry or
ranch gates, septic system, well and vegetation removal or disturbance shall occur outside ofthe
approved building or development envelopes unless otherwise specified in this document, such as
necessary wildfire mitigation. Construction, staging, parking, utility and driveway extension and
maintenance shall occur within the approved building or access envelopes.
11. The exterior of any newly constructed residence or accessory structure shall be finished in earth
tone colors that will blend with the surrounding environment. Roof materials shall be non-
reflective. Skylights shall only be permitted on the west (uphill) side of the residence.
12. Lighting shall comply with the Pitkin County lighting standards in effect at the time of
installation.
13. Prior to commencement of any earthmoving or construction activity, the Applicants shall stake
the corners of the building and development envelopes and install construction fencing around the
perimeter of the envelopes. The fencing shall remain in place until issuance of certificate of
occupancy.
14. The caretaker dwelling unit shall be limited to 1,000 net livable square feet and the kitchen shall
contain a minimum of a two burner stove with oven, standard sink, and a 6 cubic foot refrigerator
plus freezer. One off-street parking space shall be provided for the unit.
15. Prior to submission of any building permits for the caretaker unit, the Applicant shall obtain and the
Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit
shall be submitted to the Housing Office with the deed restriction.
16. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office
may inspect the unit.
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Determination N<<5!l)-2006
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17. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District,
including but not limited to, installation of an approved fire sprinkler system, adequate fire flow,
and provisions for the turning around of fire department apparatus.
18. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property.
19. 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, S 4-140 and C.RS, S 24-68-105. The statutory vested rights granted herein shall expire
on June 20, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the
14th day of May, 2006.
APPROVED AND ADOPTED this 20th day of June, 2006.
PUBLISHED AFTER ADOPYON FOl!.. VESTED REAL PROPERTY RIGHTS in the
Aspen Times Weekly on the.z. day Of~, 2006.
COMMUNITY DEVELOPMENT
DEPARTMENT HEARING OFFICER
OF PITKIN COUNTY, COLORADO
By
I p;- ~~ 0
James R. True, Hearing Officer
ATTEST:
(p/z.'O/ob
I /
Bonnie Waechtler, Administrative Assistant
APPROVED AS
APPROVED AS TO CONTENT:
Ci\~V^.~CQ..~ ~,C K
Ci' ily ouben,
Community Development Director
P047-06;PID#273728300019
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Exhibit A
LEGAL DESCRIPTION OF THE PROPERTY
A parcel of land being a portion of a parcel described at Reception # 430209 in the Pitkin
County Clerk and Recorder's office being located in the SW \4 SW \4 of Section 28, Township
10 South, Range 84 West, 6th Principle Meridian, Pitkin County, Colorado, being more
particularly described as follows:
Beginning at a point on the east line of a parcel of land described in Book 236 at Page 328 of the
Pitkin County Clerk and Recorder's Office whence the southwest Section Comer of Section 28
monumented with a 1978 BLM Brass Cap bears S 15026'27" Wa distance of 788.46 feet; thence
along east line of said Book 236 at Page 328 N 00044'48" E a distance of 99.13 feet to a point on
the south line of a parcel of land described in Book 377 at Page 161 in the Pitkin County Clerk
and Recorder's Office; thence along said south line of said Book 377 at Page 161 S 90000'00" E a
distance of 85.35 feet; thence along the east line of said Book 377 at Page 161 N 00044'48" E a
distance of 32.49 feet; thence along the north line of said Book 377 at Page 161 N90000'00" W a
distance of 85.35 feet to the intersection with the easterly line of a tract of land described in a
Deed of Pline at Reception #107531 in the Pitkin County Clerk and Recorder's Office; thence
along said east line of said tract N 00044'48" E a distance of 88.00 feet; thence S 89058'37" E a
distance of 314.98 feet; thence S 00001'23" W a distance of 197.07 feet; thence S 89059'59" W a
distance of 230.31 feet; thence S 00044'48" W a distance of 22.40 feet; thence N 90000'00" W a
distance of 87.16 feet to the point of beginning containing 61,519.21 square feet or 1.412 acres.
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SILVIA DAVIS PITKIN COUNTY CO R 16.00 0 0.00
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