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RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY,
COLORADO, GRANTING APPROVAL OF THE HELVETICA ENnEA VOURS, LLC GMQS
EXEMPTION FOR REPLACEMENT UNITS, 1041 HAZARD REVIEW AND SPECIAL REVIEW
FOR A CDU
Resolution No{ft-2006
RECITALS
l. Helvetica Endeavours, LLC ("Applicant") has applied to the Pitkin County Board of County
Commissioners ("BOCC") for GMQS Exemption for Replacement Units, 1041 Hazard Review and
Special Review for a Caretaker Dwelling Unit approval in order to replace two existing, legally
created residences.
2. The property is located at 1654 and 1656 Castle Creek Road and is more specifically described as Lot 2
of the Aspen Music School Subdivision (MAA Inc. Subdivision).
3. The property is zoned AFR-I0 and contains approximately 13.87 acres.
4. The property received the Hall GMQS Exemption for Replacement Units, Special Review for a CDU
and Expansion of a Non-conforming Structure pursuant to BOCC Resolution No. 216-2001.
5. The BOCC heard this application at a duly noticed public hearing on September 27, 2006, at which time
evidence and testimony were presented with respect to this application. The application was continued
from July 12,2006 at the request of the Applicant.
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 BOCC finds that the Applicant has complied with the applicable policies and regulations of the
Pitkin County Land Use Code, provided that the conditions of/his document are adhered to.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant GMQS Exemption for Replacement Units, 1041 Hazard Review
and Special Review for a Caretaker Dwelling Unit approval in order to replace two existing, legally
created residences, subject to the following conditions which shall run with the land and be binding on all
successors in interest:
l. This Resolution shall repeal and replace BOCC Resolution No. 216-2001 (Reception No. 464662).
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 an amended Site Plan in
accordance with Land Use Code Sections 5-70-040, which shall depict the adjusted and expanded
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 Applicants shall:
A. Complete a fireplace/woodstove registration form with the Community Development
Department, if necessary.
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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:
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/he building envelope.
E. A void fruit-bearing trees and shrubs in any landscaping.
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 ofthe 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 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 (!BC) 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.
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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.
\. 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
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, lill placement, berming, landscaping, vegetation
removal or disturbance or a 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
comers 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 Applicant shall comply with all codes and requirements of/he Aspen 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.
1]. The exterior of the residence shall be finished in natural colors and materials that blend with the
surroundings of the immediate vicinity. Roof materials shall he non-reflective. Color and material
samples shall be provided to Community Development for approval prior to issuance of building
permits.
]2. Floor area for the entire parcel shall be limited to 8,92] square feet exempt from growth management
or use of TORs. The floor area shall be distributed as follows:
~ Existing residence to remain:
~ A-frame residence to be replaced with garage:
~ Garage for remaining residence to remain:
~ Caretaker Dwelling Unit:
~ Total Floor Area for parcel
3,421 square feet;
3,750 square feet;
750 square feet;
1,000 square feet.
8,921 square feet
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\3. For purposes of the replacement unit, the A-frame structure shall be considered the residence, and the
residence to the north shall be replaced at the same floor area, and within the same footprint of the
existing residence.
14. The Applicant shall covenant the property against any further subdivision and condominiumization.
Prior to submission of a building permit the Community Development department shall confirm
documentation of this covenant.
15. 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 at least a 6 cubic foot
refrigerator plus freezer. A minimum of one off-street parking space shall be provided for the unit.
16. 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.
17. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing Office shall
inspect the unit.
18. 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.
] 9. 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, (j 4-140 and eR.S., (j 24-68-105. The statutory vested rights granted herein shall expire on
September 27,2009.
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NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 11 th day
of June, 2006.
APPROVED ON THE 27TH DAY OF SEPTEMBER 2006,
PUBLISHED AFTER ADOPTI8~~R VESTED REAL PROPERTY RIGHTS in the Aspen
Times Weekly on theJ~...&day of R.. ,2006.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
/fJ/(;Ju~
Mick Ireland,
Chair
~e..Q....e:t+e O\'l€.S
Date:
r
I (J ,. II ,. ()6
APPROVED AS TO FORM:
, ;j;:/~ ~ ~
APPROVED AS TO CONTENT:
John Ely,
County Attorney
~H~~ cUa cR.t~k-
Community Development Director
Case #P ] 05-06
273514401003
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