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HomeMy WebLinkAboutbocc.min.spec.06202000 TUESDAY, JUNE 20, 2000 (Mick Ireland Not Present) 10:00 AM SPECIAL MEETING EXECUTIVE SESSION Litigation, John Ely ADJOURN SPECIAL MEETING EXECUTIVE SESSION 12:00 LUNCH BREAK /1:00 PM SPECIAL MEETING 2nd Reading, Northstar Mgmt Plan, (Cont from 6/13, Cont to July 25, 1:30 pm) French Appeal of an Administrative Decision, (Cont from 6/14) ADJOURN SPECIAL MEETING 1:30 Citizen Board Interviews Joseph Krabacher—Board of Adjustment 2:00 BOCC OPEN DISCUSSION Future Agendas/Agenda Requests Memos of Interest 2:30 HUMAN SERVICE AGENCY UPDATES • Valley Partnership 3:00 PM ADJOURN APPROVED JUNE 28,2000 MINUTES PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING JUNE 209 2000 CALL TO ORDER: Chairperson Shellie Roy Harper called the special meeting to order at 1:00 PM. COMMISSION MEMBERS PRESENT: Commissioners Shellie Roy Harper, Leslie Lamont and Patti Clapper. COMMISSION MEMBERS ABSENT: Commissioner Mick Ireland and Commissioner Dorothea Farris (Commissioner Farris was at a luncheon expected to be completed at 2:00 PM) CONTINUED SECOND READING ON THE NORTHSTAR MANAGEMENT PLAN—MOTION TO CONTINUE TO JULY 25,2000,AT 1:30 PM Jonathan Lows —County wildlife biologist Although this meeting was originally slated to be continued to July 18`h, Suzanne Konchan, County Manager, informed the Board that the continuation date has been changed to July 25 at 1:30 PM. Commissioner Harper moved to continue the second reading of the Northstar Management Plan to July 25,20009 at 1:30 PM. Commissioner Lamont seconded the motion. No one from the public attended today so there was no public comment given. Chairperson Harper called the question. Motion passed unanimously three to none. (Commissioners Ireland and Clapper absent from meeting) FIRST AND FINAL READING ON RESOLUTION DENYING AN APPEAL BY HAL FRENCH OF AN ADMINISTRATIVE DECISION—MOTION TO OVERTURN ADMINISTRATIVE DECISION AND APPROVE AMENDED BUILDING ENVELOPE,AS CONDITIONED,BY WAY OF ADMINISTRATIVE BOARD OF COUNTY COMMISSIONERS I SPECIAL MEETING JUNE 20,2000 DECISION DOCUMENT NUMBER 00-27 RECORDED AS RECEPTION NUMBER 444826 Cindy Houben,Director of Community Development; Hal French- Applicant Commissioner Farris would be returning from a luncheon at 2:00 PM and wanted to be present for this item. The applicant, Mr. French, politely agreed to return at 2:00 PM in order for the Board to hear his appeal. THE BOARD RECONVENED AT 2:10 PM Ms. Houben proceeded with her presentation as outlined in her memorandum to the Board dated June 14, 2000. Said memorandum is attached hereto and made a part of this record as EXHIBIT "A". Mr. French gave a short presentation. He submitted a map and pictures of the hot tub and gazebo. Said map and pictures are attached hereto and made a part of this record as EXHIBIT "B". He informed the Board that he sat the hot tub on the existing patio concrete slab. The concrete slab was not in the floodplain and nothing was disturbed on the bank of the river. The tub is 13 feet from the river instead of the required 20 feet. The only reason he placed the roof over it,he continued, was to keep out the Pine tree needles and sap. If he did have to tear everything out now, he believes it would disturb the bank due to the patio situated within the trees. This is why he is asking not to have to tear it out. Commissioner Lamont asked the size of the roof area? Mr. French responded by saying it was 12-feet square. A discussion ensued among the Board members,Ms. Houben and Suzanne Konchan, County Manager on this issue. Chairperson Harper was very uncomfortable with the applicant's request although she hates asking people to pull things out. Commissioner Clapper, on the other hand, believes taking out the concrete slab would be more detrimental. Commissioner Lamont asked if it was possible for the BOCC to request an amendment of the building envelope to include existing and pre-existing structures which would obviously be inconsistent with the 20-foot set back of the river? BOARD OF COUNTY COMMISSIONERS 2 SPECIAL MEETING JUNE 20,2000 Ms. Houben asked the Board if they wanted to acknowledge existing uses within the envelope? Commissioner Lamont said yes and amend the envelope to reflect the existing uses, and that's it. She wants no expansion of existing uses. And, then the question of whether a building permit is necessary for the roof or not can be answered. Then, if the applicant needs a building permit he could submit an application for that. Commissioner Lamont is more comfortable with this because it is outside of the floodplain. As this issue is unique, Ms. Konchan suggested that Ms. Houben work with the Attorney's office to draft a resolution perhaps acknowledging what she can about this site. She thinks this type of development, even outside the 20-foot setback, isn't simply including an existing use that wasn't expanded. There was an old concrete slab that there's been an improved structure with a fairly substantial gazebo. She doesn't think it's in the best interest of our rivers and streams to see this happen on a regular basis. Commissioner Farris moved to amend the building envelope to include the existing structures on site, but no expansion of existing uses. Commissioner Clapper seconded the motion. Ms. Houben asked the Board if they would leave her the flexibility to redraft the conditions of approval to acknowledge the existing footprint of the studio and the patio now with a structure over the hot tub and a pond, but with no expansion of those uses. Then the envelope doesn't have to be redrawn. Commissioner Farris amended her motion and Commissioner Clapper her second to include Ms. Houben's request to memorialize this by use of an Administrative Decision. Motion passed unanimously. ADJOURNMENT: The meeting adjourned at 2:30 PM. BOARD OF COUNTY COMMISSIONERS 3 SPECIAL MEETING JUNE 20,2000 Respectfully submitted, e 4 /X4M dee Ie Dean Clerk tothe Board of County Commissioners � Shellie Roy Harp Chairperson of the Board of County Commissioners ww/g/minutes/2000/06202000.doc BOARD OF COUNTY COMMISSIONERS 4 SPECIAL MEETING NNE 20,2000 MEMORANDUM ' t,A� TO: Board of County Commissioners -z o-zoaa Regular Meetiin��g—June 14,2000 1. THRU: Cindy HoubAt03Mmumty Development Director FROM: Suzanne Wolff, Senior Planner' RE: French Appeal of an Administrative Decision REQUEST: The Applicant is appealing the issuance of a correction notice for a hot tub and gazebo that were installed outside of the approved building envelope. APPLICANT: Hal French LOCATION: 8396 Upper River Road; upstream from Little Texas in Woody Creek PROCEDURE/PROCESS: The Applicant has appealed as provided for in Land Use Code Sections 3- 300-020 and 4-160. The appeal was submitted to the Community Development Department within 15 working days of the decision,as required by the Code. BACKGROUND: The Community Development Director granted an administrative 1041 hazard review approval on May 26, 1999,pursuant to Administrative Decision No.99.24. The proposed building envelope avoided all 1041 hazard areas, including the 100 year floodplain and slopes in excess of 15%. A 1041 hazard review site plan was recorded in Plat Book 50 at Pages 14-15. The western boundary of the building envelope was drawn to comply with a 20 foot setback from the top of bank,since the Code requires a minimum 20 foot setback from the high water line. Some existing improvements were located outside of the envelope. The following note was included on the site plan,"No development shall occur outside of the building and access envelopes,and only those improvements to the driveway that are necessary for safety purposes shall be allowed within the access envelope, if approved by the County Engineer." Ezra Louthis,Zoning Technician, issued a correction notice on May 17,2000 for installation of a hot tub and a gazebo outside of the approved building envelope and without a building permit. STAFF COMMENTS: As stated above,the hot tub and gazebo are outside of the approved building envelope. Section 3-50-030 of She Code prohibits development"within a 20 foot strip of land measured horizontally from the mean identifiable high water mark on each side of any river,stream or creek." The building envelope was designated to comply with this required setback. While the Code provides the opportunity to amend a building envelope as an amendment to a development permit,the Code does not provide the opportunity to vary the stream setback. Therefore,the Applicant has no alternative to retain the improvements other than appealing to the BOCC. The only exceptions provided in the Code for development within the stream setback is for"construction or maintenance of paved or gravel trails, bridges, irrigation structures,flood control devices and underground utilities,"based on a finding that"there is no practical alternative location outside d'the setback area and that any disturbed areas will be revegetated." The hot tub and gazebo do not comply with this provision. The Applicant asserts that the hot tub was placed on an existing concrete slab that is located outside of the building envelope,and that he was not aware that he could not develop in areas that were previously disturbed,even though they were outside of the building envelope. In addition, installation of the hot tub and gazebo did not impact the river bank or any vegetation along the bank. RECOMMNDATION: Staff recommends that the BOCC adopt a"motion denying the French appeal of an administrative decision, in accordance with the attached resolution" Attachments A. Appeal letter •hu.Wolff is a profeniotW planner with a BacMar'I degm in Urban S"m from dw University of pawylvaeia. Ms.Wolff ban wrked for the Aspen/Pilkin County Community Development Depanmmt for t years,and u a Planner within that dsprottwtt for I yeao. la her planning position,M.Wolff ban reviewed numaw land an;applications purnunt to the Pidin Cwnty Land Use Code. 546 MAY. 31. 2000 2: 16PM PITKIN COUNTY ADMIN '02 HAL FRENCH P.O. Box 1265 Edmond. OK 73083 (405) 348-8300 May 30,2000 Cindy Huuben Community Development Director 130 S. Qaluna Aspen, CO K 1611 RL: Correction Notice 8396 Upper River!toad Dear Ms. Houbcn: 1 would like to request an Appeal elan Administrative Dot:islon concerning a correction notice i received on my home to Woody Creek. It is about the location of my hot tub tied the roof built over it which was ell plw;cd on an oxistint.'concrete slab. It is my understanding lVom dixcussing this matter with Suzanne Wolff that tic appeal would be beard by the Board of County Commissioners sometime within the next rew works. As I am not sure of how this process works,please advise me if there is anything else I could do to resolve this natter to everyone's satisraction. Sin erely, 1 H Fre h cc: Suzaiuic Wolff AREA OF PROERTY INCLUDED 65 OS IN RO55/WHI TMER LOT LINE � ADJUSTMENT PLAT P039 PG 61 NO RECORD DEED FOUND FOR A EA THIS TRANSACTION 20 ELECTRIC 18 EASEMENT ' S61'09'17'W OK 288 PG 845 t\ JJ AI 90"'\ \ 6—20 —2000 20 ACCESS / Y SS EASEMENT 1vltl / SK 193 PG 228 �f I 12.9 f ( .27'w J1470Na� IS TN 37.M' 5TUD10 EEL � PIN RIVE R 0 Sri PATIO } E(ey °So _o wj e m RIVER S7.4 FL DOD ECEC �305.2 900K 193 PAGE 228 d �1 L.a, T I.I SOUTH 1,2 FAST 9 s e�•Iz'ao•E AFR - 10 ' 1' _ 10' DECK 6 LANDSCAPE ENCROACHMENT ` 4 . 26• /-AC 1sHCD R S - 2 0 ` V P UD SSP'12✓ \ .'• ,..' ' `. SET ROADWAY. DRAINAGE J 6 UTILITY EASE.953 BK 390 PG 95J SHED B} O � � OJ 1 e \ �f INLET ti _ _ ♦ car I" ..r. oe ;• ko • ` rip got ell �11 4 i "; ;`• PF fo- ' 11 r �— H * �' h slaw `. Yt •o�R 010 .+ k �L Mwt� S;IW .a. pF Ar 6t1 �? C 41 `.. 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