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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, FINDING A TAKING AND REMEDIATING THE TAKING FOR THE VERNON 1041
HAZARD AND RIDGELINE REVIEW
Resolution No.tJ'5/ -2006
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1. V eruon ("Applicant") applied to the Pitkin County Hearing Officer for 1041 Hazard Review and Ridgeline
Review to establish building and development envelopes to construct a single family residence and access.
RECITALS
2. The parcel is located at Filing I, Block 7, Lot 1 of Brush Creek Village, PID# 2643-213-05-002
3. The parcel contains approximately 2.8 acres and is non-conforming in size in the AFR-lO zone district.
4. The parcel was legally created and is part of the BOCC Brush Creek Village.
5. The Hearing Officer denied the request at a public hearing on May 16"',2006 pursuant to Hearing Officer
Determination 25-2006. The Hearing Officer found that the proposed driveway to the proposed building
envelope exceeds disturbance of an area of 30% slope for more than 1 00 linear feet. In accordance with
Subsection 3-80-050( c)( 1)( e) of the Code, development is prohibited in this area.
6. The Applicant submitted a request for a takings determination pursuant to Sections 3-290, 4-150 and 5-
220 of the Land Use Code on May 25, 2006 and May 31, 2006 to determine whether the Hearing
Officer's denial of the application constitutes a taking of private property without just compensation.
7. The BOCC considered the takings request at a regular meeting on June 14th, 2006.
8. The BOCC determined that a taking had occurred pursuant to Sections 3-290 and 4-150 of the Code,
based on the following findings:
A. There is no way to access the property to a 1041 Hazard free building envelope without traversing
slopes 30% or greater for more than 100 linear feet and;
B. The denial constitutes a taking of all reasonable use and economic return from the subject property.
9. The BOCC considered the remediation at a regular meeting on July 12, at which time conditions of
approval were accepted for development on the property.
NOW, THEREFORE, BE IT RESOLVED by the BOCC that the denial of the Vernon 1041 Hazard and
Ridgeline Review and Conceptual Submission constitutes a taking pursuant to Sections 3-290 and 4-150 of
the Pitkin County Land Use Code.
BE IT FURTHER RESOLVED by the BOCC that it does hereby remediate the taking by granting
approval of the Vernon 1041 Hazard and Ridgeline Review subject to the following conditions, which shall
run with the land and be binding on all successors in interest:
1. The Applicant shall adhere to all material representations made in the 1041 Hazard and Ridgeline
Review.
2. Prior to submission of any future building permit applications, the Applicant shall be required to submit
for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in
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BOCC Resolution No.0ff1-2006
Page 2
accordance with Land Use Code Section 5-70-040. The above referenced approvals shall be a condition
precedent to finalization and recordation. The 1041 Hazard Review Site plan shall also incorporate the
following changes:
A. The building envelope shall be redrawn to comply with the recommendation of the wildfire expert
to establish a 35 foot buffer area from the western property line to properly thin vegetation and
mitigate for the severe wildfire hazard. A development envelope shall be drawn from the western
edge of the building envelope to the western property line and shall accommodate wildfire
mitigation, landscaping, and a potential septic system.
B. The development envelope, as delineated on the draft site plan, shall be renamed to an "access
envelope" and shall be drawn to only incorporate the area for access construction, engineered
mitigation, and re-vegetation of disturbed areas due to access construction.
C. A note shall be included on the site plan near the northern portion of the building envelope
where slopes exceed 30% that states, "No development other than what is necessary for
landscaping, septic, utilities, access, and wildfire mitigation shall be permitted in this area."
3. Prior to issuance of a building permit application for the residence, the Applicant shall:
A. Submit engineered foundation wall plans that address development on Mancos Shale and expansive
soil for review and approval by the Community Development Department and the County Engineer.
The engineered foundation shall also be constructed to adhere to the IRC 2003 with Seismic Risk
Zone C standards incorporated. Engineered foundation plans shall demonstrate that the design and
construction stabilization measures are adequate to mitigate any slope stability and shrink-swell
properties.
B. Complete a fireplace/woodstove registration form with the Community Development Department, if
necessary.
C. Submit an access/driveway plan designed by a certified Colorado engineer acceptable to the
Planning Engineer to construct a driveway that addresses the load and stress of an access that
traverses slopes in excess of 30% for the required length to reach the residence. The
access/driveway plan must meet Pitkin County standards and the Aspen Fire Department standards.
D. Submit a drainage and erosion control plan for review and approval by the Plam1ing Engineer.
E. Submit a detailed revegetation plan acceptable to staff for disturbed areas from construction of the
residence.
F. 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.
G. Pay the applicable road and employee housing impact fees.
4. Prior to submission of a building permit application, Applicant shall apply to the Board of Adjustment
for any variances required. Approval of this Resolution does not insure approval of any required
variances.
5. 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 of the building
envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence.
6. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation
standards:
A. Within 15 feet of all structures, only hardscape surfaces, low growing perennials, flowerbeds, cut grass
and deciduous, well-trimmed and irrigation plants shall be installed. Woody vegetation shall not be
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Page 3
planted within this area. Firewood or other combustible materials should not be stored within this area.
Ornamental trees are permissible if the 15 foot defensible space area is extended outward from the
furthest growth expected from the mature trees.
B. Beyond the 15' area up to 35' or to the property line ifless than 35-feet up slope and cross slope; and
65' or to the property line if less than 65' down slope, maintain natural and/or irrigated grass less than
6 inches and thin existing trees and brush into individual or clusters. Oak, juniper, and serviceberry
should be thinned and clustered. Lin1bs shall be pruned to one half the height of the tree or 10 feet,
whichever is less.
C. Clusters of bushes or shrubs shall be separated from each other and from those outside of the 35 foot
and 65 foot perimeters by a distance of2'iS times the height of the mature vegetation. The diameter of
a cluster shall be limited to 2 'is tin1es the height of the mature vegetation.
D. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the
chinmeys shall be removed.
E. Thin and remove lower branches of brush and shrubs within clusters or individual plants to e1in1inate
ladder fuels. Stumps and ends must be painted with Gardon or an equivalent herbicide to prevent
aggressive re-sprouting. Cut materials should be either removed or chipped and spread.
F. The Applicant shall be responsible for the continued maintenance of the defensible space vegetation
requirements.
G. All deadfall within 100 feet of the structure shall be removed.
7. The Applicant shall comply with the following structural design and construction options:
A. Projections (Heat Traps):
1) No portion of the building shall be constructed with unenclosed projections such as decks.
Eaves should be kept to a minimum on the down slope side and on the sides and should not have
ventilation openings.
2) Any projections (which include but are not limited to eaves, cornices, soffits and roofs over
open decks) shall be sheathed with materials approved for 1 hour fire-resistive construction.
3) Any alternative construction method for such projections would require use of noncombustible
building materials, or heavy tin1ber or log wall construction, if the underside of the projecting
portion is covered with materials approved for one hour fire resistive construction and if there
are no inside angles of less than 75 degrees. Areas below such projections shall be void of
vegetative or other combustible materials. These areas below projections shall be protected
from accumulation of vegetative materials by placement of a vegetative barrier covered with
rocks or gravel or by coverage with concrete or stone. There shall be no storage of combustible
materials under projections. The walls underneath projections shall be constructed with
materials approved for 1 hour fire-resistive construction on the exterior side of the wall.
Window openings in waUs below projections shall be tempered glass. Doors shall be
noncombustible or I 3/4" solid wood.
B. Windows and Glass: Glazed openings shall be provided with closable, solid, exterior non-
flammable shutters or shall be tempered glass.
C. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum 1 hour fire-
resistive rating ground level to roof line. Exterior doors shall be noncombustible or 1 3/4" solid
wood.
D. Foundations: Foundations, skirting and crawl space openings 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.
8. The Applicant shall comply with the following additional wildfire mitigation measures:
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A. Roofs shall be constructed with a Class A roof covering or a Class A roof assembly as defmed in the
International Building Code (!Be) Section 1505.2. Wood shake/shing1e 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 listed as a Class A material 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 minin1um 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 ~ 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 fl=ab1e materials and frrewood/wood piles shall be stored on a parallel contour a minin1um of
15 feet away from any structure.
F. Weeds and grasses within a 15 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.
L Wood fences shall not connect to structures.
J. Fuel tanks shall be installed underground with an approved container.
K. Any outbuildings or additional structures shall adhere to the same standards as structures.
L. 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.
M. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a
visible and accessible location.
N. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible and
installed on a non-combustible post.
O. New utility lines shall be buried within the driveway.
9. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. Native vegetation shall be maintained outside of the building envelope;
B. Install and use bear proof trash containers, as required by the County Code;
C. Avoid fruit-bearing trees and shrubs in any landscaping;
D. Bird feeders, including hummingbird feeders, should be hung away from any deck or window, be
least 10'from the ground, and suspended between 2 trees or posts. Any seed feeders should include
a seed catchment pan to catch discarded seed;
E. During construction of the residence, it is recommended that food on the construction site be
contained in locked construction trailers and NOT in vehicles.
10. No development, including grading, excavation, fill placement, driveway, turnaround, berms,
landscaping, vegetation removal or disturbance, ISDS systems, entry or ranch gates shall occur outside
of the approved building and development envelopes, with the exception of measures to comply with
the wildfire mitigation required herein.
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BOCC Resolution No.t!sL-2006
Page 5
II. Areas disturbed by construction shall be revegetated to limit water consumption and additional runoff
within one growing season after completion of construction.
12. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District,
including, but not lin1ited to, provision of adequate access and a turnaround for emergency vehicles.
13. 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.
14. The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
15. 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 12, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 16'"
day of April 2006.
APPROVED AND ADOPTED this 12h day of July, 2006.
PUBLISHED AFTER. ADOPTCJ:,~~::; VESTED REAL PROPERTY RIGHTS in the Aspen
Tin1es Weekly on the ~day of , 2006.
,
BOARD OF COUNTY COMMISISONERS
OF PITKIN COUNTY, COLORADO
M<-"" .... ~ ., t6tJU- C f <(!Vi.<.
AP ROVED AS TO FORM:
/----- ~~
. John Ely,
Co rney
By
~~~L
Mick Irel/ 1i;~ ...p.
t5~~g?
Date
APPROVED AS TO CONTENT:
~~-t~^~CH-.
Cindy ouben,
Community Development Director
P027-06; PID#2643-213-05-002
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