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HomeMy WebLinkAboutho.deter.41.2006 1111111111111111111 I ~ ~~:~1~:! ~3 53 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 0 0.00 . ./ DETERMINATION OF THE HEARING OFFICER OFTHEcoMMt:fNjfY15EVELoPMENT DEPARTMENT OF PITKIN COUNTY,COLORAJ:lo, A.PP'ROVl:NGTHEPENNYSPRJ:NGS LtC 1041 HAZARD REVIEW AND CONCEPTUAL SUBMISSION Determination No!-i 1-2006 RECITALS 1. Penny Springs LLC ("Applicant") has applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review approval to re-establish a building envelope. 2. The property is located on the west side of Highway 133 near the Penny Hot Springs and is more specifically described in Exhibit A. 3. The property is zoned RS-30 and contains 11.928 acres. 4. The Hearing Officer considered this application at a duly noticed public hearing on September 19, 2006, at which time evidence and testimony were presented with respect to this application. 5. The parcel received 1041 Hazard Review approval pursuant to BOCC Resolution No. 97-40 (Reception No. 403004). 6. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considered pursuant to the 1994 Land Use Code, as amended. 7. The Hearing Officer finds that the proposal is in compliance with the applicable Standards of the Pitkin County Land Use Code. THE DIRECTOR DOES HEREBY APPROVE the Penny Springs LLC 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: 1. This Determination shall replace BOCC Resolution No. 97-40 (Reception No. 403004). 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 Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the envelopes. The above referenced approvals shall be a condition precedent to finalization and recordation. 3. Prior to issuance of any building permits for the new residence, the Applicant 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 Engineer. 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 Applicant shall comply with the following to mitigate impacts on wildlife: Hearing Officer Determination No.LJ I -2006 Page 2 \11\ 1111 11II11 I" 11I111 "I ~:~~~~:! ~3' 53 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 ./ A. The Homesite shall be maintained in the southern portion of the property and south of the Aspen stand. B. Fencing 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. Native vegetation outside of the building envelope shall not be disturbed except as required by the required wildfire mitigation set forth by this approval. Vegetation within the envelope shall be preserved as much as possible. E. Avoid fruit-bearing trees and shrubs in any landscaping. Haystacks shall be fenced with 8' mesh game-proof fencing. F. Any horses shall be kept within the building envelope. The Applicant shall contact the Division of Wildlife for a determination of the number of horses that the parcel can support. G. There shl:lll be a limit of one dog on the property at all times. The dog must be kenneled or leashed at all times. The kennel shall be constructed prior to Certificate of Occupancy. 5. The Applicant 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 ofthe 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 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 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: 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. Hearing Officer Determination No. L} I -2006 Page 3 Page: 3 of 5 10/09/2006 03: 531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 1111111111111111 111I II 529606 / 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 Y4 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. L Fuel tanks shall be installed underground with an approved container. J. Propane tanks shall be installed according to NFPA 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. 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 ofthe approved building/development envelope, with the exception of required wildfire mitigation. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners ofthe building and other envelopes and install construction fencing around the perimeter of the envelopes. The fencing shall remain in place for the duration ofthe construction. 9. The Applicant shall comply with all codes and requirements of the Carbondale 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 ofthe project's completion. 11. The exterior of the 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. 12. Floorarea shall be limited to 5,750 square feet exempt from growth management or use ofTDRs. 13. If the Applicant intends on utilizing the rights to the spring across Highway 133 for the parcel's water supply, the Applicant shall bore under Highway 133, and not disrupt the highway. A CDOT permit will be required. 14. During submission of a building permit for new development, the Applicant shall submit a final engineering report from an engineer or geologist licensed in the State of Colorado. The report shall 1111111111111111 111111 ~~~~~:! ~3' 531 Hearing Officer Determination No.tdl-2006 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 Page 4 demonstrate the mitigation required for the residence and any potential debris flow that might occur on the parcel. The Applicant shall construct the required mitigation concurrent with any development of the principal residence located within the principal envelope. 15. The Applicant 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. 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, S 4-140 and C.R.S., S 24-68-105. The statutory vested rights granted herein shall expire on r~,n\. '13-, 2009. -., . NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKL X on the 13th day of August, 2006. APPROVED ON THE 19TH DAY OF SEPTEMBER 2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weeklv on the Ii day of 00->>' ,2006. ATTEST: HEARING OFFICER OF PITKIN COUNTY, COLORAbO fut11PO L2Jcw~ Bonnie WaechtIer, Administrative Assistant a~.~ J.i-r11' True, /Hearing Officer Date: q /1 { I f9 " "I , APPROVED AS TO CONTENT: APPROVED AS TO FORM: ------- :> .- ~ Joh~_____ ~ttorney ;1~~LFr CinQy Houben, Community Development Director Case #P094-06 272904200002 ~_"""",:;",_..........",..~~i;'l'!~;M:C\'i,<!;;;"*;~'~:'!J.dY?-i;~~.:'.$i~#~J?!4~!0"~~' PROPERT'i' DrSCRIPTIONOF RfClJRD:. A parcel of lam s1 tuated in Lot 3 @S~ of Section ,4 , TCH'lShip 10 South, ~e 88 West of the 5ixth PrlIiylpal Meridian, eounty of Pitkin, state of Colorado, said parCel beiDJ IOOrp particularly described as follCM6: . '. Cqrmenc~ng at the north Quarter COmer of said sectiOn. 4{,~ 1922 General Lard Office Brass Cap in place:" therl6e.NF..ST 1319.01 feet to the nor~t comer of said IJ:>t 3, the :I'rue Point .of Bect~~jnq; thence EAST 90~65 feet to a point on the ~$terly rignt-of-way of state HigtMay 133; thence S. 05052' 1711E. along said right-of-way 804.20 teet; thence caltinuinJ along said right-of-way 5. OSoS2117uE. 1. 20 feet; thence continuing alo~ said right-of-way 5.17010147"&. 204.00 feet; thence continuing along said right-of-way 5.05052'11"&. 490.40 feet; thence continuin;} alOOJ said right-of-way 5.03024'16"E. 292.00 feet: t~ OCIltlnuing along said right-of-way along the arc of a C'U1"ve'p to the right having a radius of 1086.00 feet, a central angle of 16034'01" am a distance of 313.99 feet (crord bears 5.09 0 54 ' 43 "W. 312.90 feet); thence continuing alc::DJ said right-of-way $.23013' 43"W. 292.00 feet; then~ eontill\1.irg along said right-of-way S.25C141'43"W. 317.15 f~t to a point on the westerly line of said S~; thence leaving said right-of-way N.OOCl07'29"E. alalg said westerly line 2637.14 feet, to the True Point of Bealnnloo., said parcel contalniD;;J 11.928 acres t more or less. ACCEPTANCE FOR RECORDING 1HIS 1041 SITE PLAN AND TOPOGRAPHIC SURvey IS ACCEP1fD FOR flUNG IN 1Hf OmCE OF 1HE CLERK AND RECORDER OF PITKIN COUNTY. COLORADO. 1HIS . DAY OF _ ) 1994, IN PLAT BOOK ON PAGE PI7KIN COUNTY CLERK AND RECORDER 1111111111111111111111 ~:~~~~;! ~b.' ... JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 --:----c.-~'