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Home My WebLink Aboutho.deter.52.2006 ""'==C 1 ~ ~ ::t: <::t c1 -0 " o c: ~ 1 ~ 8 ~ ~ 1111111111111111 111111 ~~:~~~:!;3' .2' J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE UPCHURCH 1041 HAZARD REVIEW AND SPECIAL REVIEW FOR A CDU Hearing Officer Determination No.22006 RECITALS 1. Ken and Victoria Upchurch ("Applicant") have applied to the Pitkin County Hearing Officer ("Hearing Officer") for 1041 Hazard Review to redevelop a single family residence with accessory uses and Special Review to convert an existing, legal EDU into a CDU. 2. The parcel is located at 2520 Lower River Road, Lot 6 of the non-BOCC approved Aspen River Valley Ranch. PID# 2467-254-00-007 (legal description Attachment A) 3. The parcel contains approximately 39 acres and is conforming in size in the AR-10 zone district. 4. The Applicant submitted a complete application prior to July 6, 2006, therefore, the application is being considereci pursuant to the .1994 Land Use Code, as amended. 5. There is no building permit for the main residence in the building file, however according to the Assessor's Office the main residence was constructed in 1979 and is approximately 3,857 square feet (heated area). The parcel is GMQS exempt as it was created prior to 1978 up to 5,750 square feet with an exemption for bam floor area up to 58 square feet/acre. 6. The parcel received approval for an employee dwelling unit pursuant to BOCC Resolution 85-17. Currently a single family residence, EDU, and two outbuildings exist on the parcel. 7. The Hearing Officer considered this application at a duly noticed public hearing on December 19th, 2006 at which time evidence and testimony were presented with respect to this application. 8. The Hearing Officer finds that proposed building envelope can be modified to avoid the following constraints: (1) slopes> 45%; (2) riparian vegetation; (3) the 20' streamside setback requirement from the Roaring Fork River. 9. The Hearing Officer further finds that: (a) The parcel is mapped within a low wildfire hazard area and standards can be implemented to mitigate this hazard; (b) The parcel is mapped adjacent to elk and mule deer winter range and that the proposed development will have minor impacts on wildlife that can be mitigated; and (c) a residence can be safely constructed with the Arbaney Gulch alluvial fan with further investigation of foundation design by a geotechnical engineer. NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Upchurch 1041 Hazard and Special Review for a CDU, subject to the following conditions, which shall run with the land and be binding on all successors in interest. 1. Prior to submission of any future building permit applications, the Applicants shall be required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5-70-040. The above referenced approvals shall be a condition precedent to fmalization and recordation. The 1041 Hazard Review Site plan shall also be amended with the following changes: a. Remove the western portion of the building envelope just south of where the current residence is located, that encroaches on slopes > 45% and includes riparian vegetation; 1111111111111111 111111 533630 Hearing Officer Determination No~-2006 Page 2 1111111111111111 111111 ~~:~~~:!;3 021 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 b. Setback the portion of the building envelope where the residence is located 20' from the 100 year floodplain of the Roaring Fork. 2. Prior to submittal of a building permit, the Applicants shall provide proof of a permit for the outbuilding that resides in the RFTA ROW. If there is no permit the Applicants shall obtain one from RFT A. If RFT A will not issue a permit for the structure, the outbuilding shall be removed. 3. Although not required, the Applicants are strongly urged to site the residence and accessory structures together and on the edge ofthe pasture to preserve open space. 4. A certified geotechnical engineer shall evaluate the site to determine if engineered foundations for the main residence and CDU will be required to address the possible impacts of debris flow and flash flooding from an alluvial fan created by Arbaney Gulch. 5. All structures shall utilize non-reflective roofmg and earth-tone colors for facades. 6. Prior to issuance of a building permit application for the residence, the Applicants shall: A. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. B. Obtain a County access/driveway/turnaround permit acceptable to the Basalt and Rural Fire Protection District and County Engineer. C. Submit a drainage and erosion control plan for review and approval by the Planning 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 employee housing impact fees. F. Obtain a septic permit from Environmental Health if needed. 7. Prior to submission of a building permit application, Applicants shall apply to the Board of Adjustment for any variances required. Approval of this Determination does not insure approval of any required variances. 8. Prior to commencement of any earthmoving or construction activity, the Applicant 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 a Certificate of Occupancy is issued for the residence. 9. The Applicants shall adhere to the following low wildfire standards: A. Landscaping and defensible space: 1. Installed landscaping or native vegetation within 10' of the house shall not contain any brushy or coniferous species-only grasses or forbs shall be allowed. Flammable mulches (wood chips) are prohibited. 2. Any structure shall be sited 15' away from riparian vegetation to avoid its removal or design the structure so it does not have a window within 15' of such vegetation 3. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chinineys shall be removed. 4. The Applicants shall be responsible for the continued maintenance of the defensible space vegetation requirements. 111111111111111111111111111 1111 1111/111111 11111 111/111/ ~~;~~~;:2. ~~NICE K VOS C~UDILL PITKIN COUNTY CO R 0 00 .33 -- . 0 0.00 ,),011,1,1., .,"1 Hearing Officer Determination No'52.-2006 Page 3 1111111111111111 1111 II ~~:~~~:!:3.2 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 B. The Applicants shall comply with the following structural design and construction options: 1. The roof shall be constructed with a Class A roof assembly as defined by the mc Section 1505.2. 2. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. 3. Roofs with less than a 3:12 pitch are not permitted in wildfire areas unless they comply with the following: a. All roof coverings shall be a Class A roof covering and installed on a Class A assembly. b. All roof designs shall facilitate the natural process of clearing roof debris. c. Protrusions above the roofline, such as parapets, shall be prohibited. d. Roofs shall be installed as required by adopted building code and shall have a minimum slope of 1 :48. e. All roof signs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 4. Vents shall be screened with corrosive resistant wire mesh, with mesh one- fourth inch (1/4") maximum. 5. Foundation, skirting, and crawl space openings shall be fully enclosed. . 6. Any porch, deck, or projection, shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Pillars or columns shall be of non- flammable materials, or if wood, made out of heavy log construction. 7. An alternative for a deck or porch is use of non-flammable hardscaping (flagstone, cement pad, etc.). Some planters may be in this area, but cannot contain coniferous trees if within 15' of the house or shrubby species. C. Maintenance: 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all litter, slash, and flammable debris. 3. All flammable materials shall be stored on a parallel contour a minimum of thirty feet (30') from any structure. 4. Weeds and grasses within thirty a (30') perimeter shall be maintained to a height not more than six inches (6"), or if ornamental, shall be irrigated and kept free of dead materials. D. Miscellaneous: 1. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. 2. Swimming pools shall be accessible by the Fire Departments. 3. Fences shall be kept clear of brush and debris. 4. Wood fences shall not connect to a structure. 5. Any outbuildings or additional structures shall adhere to the same standards as structures. 6. Fuel tanks shall be installed underground with an approved container. 7. Propane tanks shall be installed according to NFFA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the 111111/ II/II 111111 111111111111111111111111 11111 11/11111 ~~;~1~;:2 . 33 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 . Hearing Officer Determination No5Z..-2006 Page 4 111I111 II/II 11111111'11111111111111111111111111 11111111 ~~:~Z!:3' 0" ~~I~~_~_Y~S_C~~DILL _~I~~IN_GOUNTY CO R 0.00__ 0 0.00 tank shall be constructed with materials approved for two (2) hour fIre- resistive construction on the exterior side of the walls. 8. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 9. Addresses shall be clearly marked with two-inch (2") non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 10. The Applicants shall have a water supply for fire protection with a minimum of 5,000 gallons accessible to fIre trucks. 11. Sprinkler systems acceptable to the Basalt and Rural Fire Protection District shall be installed. 12. The Applicants shall comply with any additional standards of the Basalt and Rural Fire Protection District. 7. Conceriring wildlife, the Applicants shall comply with the following standards: A. Native vegetation should be maintained along the riparian hillside adjacent to the existing home. An orange.safety fence shall be installed between the home and slope prior to construction to ensure no disturbance or loss of habitat. B. Ifhorsesllivestock are kept, all hay shall be fenced with 8' mesh game proof fencing in order to prevent game damage problems and an attractant adjacent to a busy County road. C. Contractors shall be prohibited from bringing dogs on site during construction; D. The Applicants shall comply with County's Wildlife Protection Ordinance; E. Pets should not be fed outside; F. Fruit bearing trees and shrubs should be avoided when landscaping; G. Food waste shall not be disposed of outside; H. Native vegetation should be preserved to the maximum extent possible; 1. Bird feeders shall be hung away from any deck or window, be at least 10' from the ground and suspended between 2 trees or posts. . All seed feeders shall have a seed catchment pan to keep seeds off the ground; J. Any house grains, pellets, cookies, etc. should be kept in bear resistant containers. 8. No development, including grading, excavation, fill placement, driveway, turnaround, berms, landscaping, vegetation removal or disturbance, entry or ranch gates shall occur outside of the approved building envelope, with the exception of measures to comply with the wildfire mitigation required herein. 9. Areas disturbed by construction shall be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 10. With regard to the CDU, the EDU requirements ofBOCC Resolution 85-17 shall be rescinded and reinstated with the following conditions for a CDU: A. The detached CDU shall not exceed 1000 net livable square feet of floor area, which shall count towards the total allowable floor area of the property. The kitchen for the CDU shall contain at least a two-burner stove with oven that must be able to bake and broil and be at least 5 cubic feet. The CDU shall have a standard sink that measures at least 14"WxI6"Dx5.25"H. The refrigerator shall be at least a 5.3 cubic foot is size and include a minimum freezer size of. 73 cubic feet. A minimum of one off-street parking space shall be provided for each bedroom in the CDU. The floor plan for the CDU shall be submitted to the County Housing Office for review and approval prior to issuance of a. B. The deed restriction for the CDU shall be obtained by Applicants and recorded prior to issuance of the building permit for reduction of square footage, provided, however, that 1111111111111111111111111111111111 ~~;~~::;:2' 33 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 Hearing Officer Determination No.3-2006 Page 5 1111111111111111 111111 ~~:~~~:!:3 '021 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 ",-- -~--- ---.----.- -.-------- --...------ if the CDU is to be used as the primary residence on the property prior to construction of the ultimate primary residence, then the deed restriction for the CDU shall be obtained by Applicant and recorded prior to issuance of a building permit for the ultimate primary residence. C. Upon completion of the CDU, but prior to issuance of the Certificate of Occupancy, County Housing Office staff shall be entitled to conduct an inspection of the CDU for compliance with the above-referenced requirements. D. The CDU shall also meet County zoning requirements for accessory structures. 11. 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. 12. The Applicants 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. 13. 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 December 19th, 2009. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 19th day of November 2006. . APPROVED AND ADOPTED this 19th day of December; 2006. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the 2 day of)(\ () , 200l. COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF nTKIN COUNTY, COLORADO ATTEST: By ~~c.- / James R. True, Hearing Officer ....--" ~J.o ~.~R. Bonnie Waechtler, Administrative Assistant Date I2-It'? lob I I APPROVED AS TO FORM: ~~ JohnEl~ ~ Co~ APPROVED AS TO CONTENT: -;::/ fA. cI\ 14>/ r~_ ~ur Ce~dy Houben, - Community Development Director P163-06; PID#2467-254-00-007 , . . 111111111111111111111111 ~~~~::h ,33 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 " Attachment A Legal Description ISUB:ASPEN RiVER VALLEY RANCH LOT:6 ' II?ESC: AKA PARCEL 6 ISECT,TWN,RNG:25-8-86 DESC: PARCEL 6 /ASPEN ROARING FORK RANCH A PARCEL IOF LAND BEING PART OF TRACTS 69 & ..184 .LOCA TED IN SECS 25 & 36-8-86 IDESC BY M/B CONT 39.08 AC WL BK 1603 PG 554 1111111111111111111111 ~~;~~~:!:2' 33 J~NICE K VOS C~UDILL PITKIN COUNTY CO R 0.00 0 0.00 7 _.u . ----.-.~,..__.~._v__~...__.__ 'I I -/ I